On December 12, 2000, the U.S. Supreme Court, in a 5-4 ruling, in Bush v. Gore, overruled the Florida Supreme Court. One vote, by a single Supreme Court Justice made George W. Bush an American president. That 5-4 majority stopped a manual recount of presidential votes in Florida that could have determined what the voters of Florida wanted and, ultimately, because it was a close election all together, could have decided Gore as president instead of Bush.
The court, for some mindless reason, decided there wasn’t enough time for the manual recount to continue. Should the U.S. Supreme Court have intruded on a presidential election? The Supreme Court’s majority, Chief Justice William Rehnquist, Justices Antonin Scalia, Clarence Thomas, Sandra Day O’Connor and Anthony Kennedy, were all conservatives, the same as George W. Bush. They all argued that the diverse and subjective manner of carrying out hand recounts of thousands of ballots in Florida was a violation of the Equal Protection Clause of the U.S. Constitution. The court’s decision denied thousands of voters equal protection themselves.
The majority’s exact opinion was “The recount mechanisms implemented in response to the decisions of the Florida Supreme Court do not satisfy the minimum requirement for non-arbitrary treatment of voters necessary to secure the fundamental right.” This opinion basically means that Florida’s call for a recount was not specific enough.
The Supreme Court should not have stepped in. They should have let the process, no matter how disorderly, run its natural course. The time lines are just guidelines. They were not supposed to override the presidential election process. In 1960, Hawaii sent a second slate of electors to Congress after December 18, and Hawaii’s votes still counted.
Section 3 of the 20th amendment states, “Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.”
Jesus, just who does Bush think he is?