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Do Great Cases Make Bad Law?$
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Lackland H. Bloom, Jr.

Print publication date: 2014

Print ISBN-13: 9780199765881

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199765881.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 June 2021

Bush v. Gore

Bush v. Gore

(p.359) 21 Bush v. Gore
Do Great Cases Make Bad Law?

Lackland H. Bloom

Oxford University Press

Bush v Gore brought settlement to the dispute over the vote count in Florida in the presidential election of 2000 which in turn determined that George W. Bush would become the next President. A case in which the Court determines the outcome of a presidential election is indisputably a great case. The chapter discusses the complicated series of events that placed the case of Bush v Gore before the Supreme Court. It attempts to explain why the Court did not hesitate to hear the case even though it presented a significant risk to the Court’s credibility and reputation. The chapter explores both the Equal Protection rationale relied upon by seven justices as well as the Article II theory supported by the Rehnquist plurality. Finally the chapter addresses the most controversial aspect of the case—why did the Court end the recount procedure immediately as opposed to giving Florida officials one final opportunity to recount the votes?

Keywords:   Bush v Gore, recount, Equal Protection, Article II, 2000 election, remedy

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