Al Gore, der ehemalige Vizepräsident der USA, Friedensnobelpreisträger und Bestsellerautor, wagt in seinem neuen Buch einen Blick in die Zukunft. The Court therefore effectively ended the proposed recount, because "the Florida Legislature intended to obtain the safe-harbor benefits of 3 U.S.C. According to Steven Foster of the Manchester Grammar School: On the eve of the election Sandra Day O'Connor had made a public statement that a Gore victory would be a personal disaster for her. 2 of the U.S. Constitution. [44], Critics would later point out that the court had denied certiorari on equal protection grounds when Bush first sought Supreme Court review. ", "Review of The Rehnquist Court: Judicial Activism on the Right", "Supreme court fails to argue recount ruling", https://www.politico.com/news/2020/11/04/gop-pennsylvania-blocking-ballots-lawsuit-434045, Supreme Injustice: How the High Court Hijacked Election 2000, "Conflicts of interest in Bush v. Gore: Did some justices vote illegally? [12] Before the 5 p.m. deadline on November 14, Volusia County had completed its manual recount and certified its results. Buch Buch Ausverkauft Buch Al Gore Al Gore. [20] The Court in Bush v. Gore did remand the case instead of dismissing it, but the remand did not include another request for clarification. §5." Critics, however, interpreted the sentence as stating that the case did not set precedent in any way and could not be used to justify any future court decision, and some suggested that this was evidence the majority realized its holding was untenable. [1] They felt at the time, as had many legal scholars, that the case was unlikely to go to the Supreme Court at all. Section 2 of the Electoral Count Act, now codified in 3 U.S.C. The endorsement of that position by the majority of this Court can only lend credence to the most cynical appraisal of the work of judges throughout the land. "[51] McConnell points to Footnotes 17 and 22 of the Florida Supreme Court's December 11 opinion in Palm Beach County Canvassing Board v. Harris, which characterized the safe harbor date of December 12 as an "outside deadline." §5 issue is not serious. Louise Weinberg argues that even giving the U.S. Supreme Court the benefit of the doubt that it acted appropriately in intervening in Florida state law, its actions should be deemed unconstitutional because its intervention was not coupled with any kind of remedy aimed at determining the actual outcome of the election. 03-33; Harvard Law School, Public Law Working Paper No. "[38], Four justices (Stevens, Ginsburg, Souter and Breyer) had dissented from the Court's earlier (December 9) decision, by the same five-justice majority, to grant Bush's emergency request to stop the recount and grant certiorari. [56], Some critics of the decision argue that the majority seemed to seek refuge from their own logic[57][58] in the following sentence in the majority opinion: "Our consideration is limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities. According to Nelson Lund, former law clerk to Justice O'Connor and associate counsel to George H. W. Bush,[52] a dissenter might argue that the Florida Supreme Court was discussing the "protest provisions of the Florida Election Code, whereas the issues in Bush v. Gore arose under the contest provisions." "The only disagreement is as to the remedy." Voters in a "punch-card" county have a greater chance of having their votes undercounted than voters in an "optical scanner" county. Bush v. Gore, 531 US 98 (2000), concluso il 12 dicembre 2000, è il caso con cui la Corte Suprema degli Stati Uniti ha deciso la disputa sulle elezioni presidenziali del 2000. A Princeton Survey poll recorded 46% of respondents saying that the decision made them more likely to suspect the partisan bias of the judges in general. Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires.[16]. The counting of votes that are of questionable legality does in my view threaten irreparable harm to petitioner Bush, and to the country, by casting a cloud upon what he claims to be the legitimacy of his election. [1], It has been argued that none of the justices ended up voting in a way that was consistent with their prior legal jurisprudence,[17][50]though this conclusion has been challenged by George Mason University law professor Nelson Lund. Four justices (Stevens, Souter, Ginsburg and Breyer) specifically disputed this in their dissenting opinions, and the remaining two Justices (O'Connor and Kennedy) declined to join Rehnquist's concurrence on the matter. https://www.britannica.com/event/Bush-v-Gore. Essentially, Bush argued that the Florida Supreme Court's interpretation of Florida law was so erroneous that its ruling had the effect of making new law. Er identifiziert diejenigen Kräfte, die unser Leben in den kommenden George Mason Law & Economics Research Paper No. Souter, joined by Breyer; Stevens and Ginsburg (all but Part III), Ginsburg, joined by Stevens; Souter and Breyer (Part I), Breyer, joined by Stevens and Ginsburg (except Part I-A-1); Souter (Part I). At 5 p.m. on November 14, Florida Secretary of State Katherine Harris announced that she had received the certified returns from all 67 counties, while Palm Beach, Broward, and Miami-Dade counties were still conducting manual recounts. Nelson Lund in this 2002 article suggests that one type of ballot being referred to here could have "both a clean [machine readable] hole for one candidate and a dimpled or indented chad for another candidate[,]" which, according to Lund, were quite common. What is a reasonable time required for completion will, in part, depend on whether the election is for a statewide office, for a federal office or for presidential electors. A subsequent article in Vanity Fair quotes several of the court's clerks at the time who were critical of the decision. [58] In 2013, retired Justice O'Connor, who had voted with the majority, said that the case "gave the court a less-than-perfect reputation". [71], The day after Thanksgiving, when the conservative justices agreed to hear Bush's appeal in the case of Bush v. Palm Beach County Canvassing Board (excluding Bush's equal protection claim), the opposing justices were convinced that the majority intended to reverse the Florida Supreme Court and shut down the recount. If the recounts were unconstitutional, what is the remedy? This was cheating, and a violation of the judicial oath.[68]. [1] Jack Balkin, writing in Yale Law Journal, considered this to be a cheap trick to construct the illusion of a larger majority, likening it to "saying that two doctors agree that a patient is sick, but one wants to use leeches, and the other wants to prescribe antibiotics". This assertion has proven very controversial. On several occasions, Rehnquist had expressed interest in retiring under a Republican administration; one study found that press reports "are equivocal on whether facts existed that would have created a conflict of interest" for Rehnquist. The Court asserted that "the Supreme Court of Florida has said that the legislature intended the State's electors to 'participat[e] fully in the federal electoral process,' as provided in 3 U.S.C. Er identifiziert diejenigen Kräfte, die unser Leben in den kommenden Jahrzehnten am stärksten verändern werden, und zeichnet so ein beeindruckend detailliertes Bild der Welt von morgen. Gore.[80]. On November 10, with the machine recount apparently finished in all but one county, Bush's margin of victory had decreased to 327 votes.[8]. Michael W. McConnell writes that the U.S Supreme Court's decision on December 12 "may have reached the right result for the wrong reason. [4] On the other hand, under scenarios involving review of limited sets of ballots uncounted by machines, Bush would have kept his lead. It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. The most closely decided aspect of the case was the key question of what remedy the Court should order, in view of an Equal Protection Clause violation. The record, as weighed by the Florida Supreme Court, suggested that different standards were seemingly applied to the recount from ballot to ballot, precinct to precinct, and county to county, even when identical types of ballots and machines were used. Befriedigend/Good: Durchschnittlich erhaltenes Buch bzw. Specifically, Florida Supreme Court order as being implemented: accepts completed recounts in eight counties and certified counts from four counties that refused to recount; applies the "county custom standard" (what each individual county canvassing board considered a vote, in regard to both undervotes and overvotes) to remaining Miami-Dade and other 55 counties. Unknown at the time, but observed in the later media recounts, there was a significant number of such valid overvotes found among the rejected ballots in optical scan counties, which largely favored Gore. [27], The dissenting opinions strongly criticized the five-justice majority for involving the Court in state-level affairs. (The case had also been argued on the basis of Article II jurisdictional grounds, which found favor with only Justices Scalia, Clarence Thomas, and William Rehnquist.) § 5 of December 12, 2000. 1, National Coalition for Men v. Selective Service System, https://en.wikipedia.org/w/index.php?title=Bush_v._Gore&oldid=991617095, 2000 United States presidential election in Florida, George W. Bush 2000 presidential campaign, United States Supreme Court cases of the Rehnquist Court, Short description is different from Wikidata, Creative Commons Attribution-ShareAlike License. Accusation of partisanship or conflict of interest. [52][87][88] Professor Charles Zelden faults the per curiam opinion in the case for, among other things, not declaring that the nation's electoral system required significant reform, and for not condemning administration of elections by part-time boards of elections dominated by partisan and unprofessional officials. Time will one day heal the wound to that confidence that will be inflicted by today's decision. [13], Harris issued a set of criteria[6] by which she would determine whether to allow late filings, and she required any county seeking to make a late filing to submit to her, by 2 p.m. the following day, a written statement of the facts and circumstances justifying the late filing. [1] The majority held that no alternative method could be established within the discretionary December 12 “safe harbor” deadline set by Title 3 of the United States Code (3 U.S.C. A meaningful remand in Bush v. Gore, or completing the election under the Court's own supervision, would have preserved the Constitution from this assault. In the United States, each state conducts its own popular vote election for president and vice president. Al Gore ist ein kluger Kopf, sozusagen die positive Seite Amerikas. At the beginning of the first term, they developed a … Es war das erste Mal in der Geschichte des Supre… 2007 erhielt Gore den Friedensnobelpreis für seine Veröffentlichung. This was the most closely decided issue in the case. [3] The project's goal was to determine the reliability and accuracy of the systems used in the voting process, including how different systems correlated with voter mistakes. One of the principal issues in the appeal we have accepted is precisely whether the votes that have been ordered to be counted are, under a reasonable interpretation of Florida law, "legally cast vote[s]." Meanwhile, the liberal justices all supported leaving the matter in the hands of a state and also sometimes advocated in favor of a narrower reading of existing Equal Protection Clause SCOTUS precedents. [29] Furthermore, Gore argued that the consequence of ruling the Florida recount unconstitutional simply because it treated different voters differently would effectively render every state election unconstitutional[30] and that each voting mechanism has a different rate of error in counting votes. Al Gore served as vice president during the Clinton Administration. Usually, federal courts do not make that type of assessment, and indeed the per curiam opinion in this case did not do so. At an election night party, O'Connor became upset when the media initially announced that Gore had won Florida, her husband explaining that they would have to wait another four years before retiring to Arizona. "Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy." § 5." [1] On December 9, the five conservative justices on the Court granted the stay for Bush, with Scalia citing "irreparable harm" that could befall Bush, as the recounts would cast "a needless and unjustified cloud" over Bush's legitimacy. Gore? Gore's attorneys therefore understood that they could fight on and could petition the Florida Supreme Court to repudiate the notion that December 12 was final under Florida law. Bush argued that Article II gives the federal judiciary the power to interpret state election law in presidential elections to ensure that the intent of the state legislature is followed. Al Gore legt ein eindringliches und populäres Werk vor, das in vielen drastischen Bildern und ebenso informativen wie prägnanten Texten zum Umdenken aufruft. Dezember 2000 die Präsidentschaftswahl in den Vereinigten Staaten 2000 zugunsten des Republikaners George W. Bush entschieden wurde. This clause arguably gives power to only one branch of Florida's state government (i.e., the state legislature).[22]. Audible Hörbuch EinFach Englisch Unterrichtsmodelle. On federal constitutional questions that were not fairly presented to the court whose judgment is being reviewed, we have prudently declined to express an opinion. [50] Polls showed a range of reactions, with 37–65% of respondents believing that personal politics influenced the decision of the justices, depending on the poll. In Bush v. Gore, on the contrary, the Court actively prevented the completion of a halted state recount, never having ruled on the merits either of the challenge or the election and never having adjudicated the validity of Bush's certification or Gore's request for a recount. Justice Antonin Scalia, convinced that all the manual recounts being performed in Florida's counties were illegitimate, urged his colleagues to grant the stay immediately. It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. Nach vier Verhandlungstagen urteilte im Oktober 2007 ein Richter am High Court in London, dass der Film den Stand der Forschung zu Ursachen und wahrscheinlichen Folgen des Klimawandels weitgehend korrekt wiedergebe. [6] On November 21, it allowed continuation of the manual recounts and delayed certification until November 26.[6]. Justice Stevens's dissent (joined by Justices Breyer and Ginsburg) concluded as follows:[46]. "[1] Oral arguments were scheduled for December 11. Of particular relevance[21] to this case was the so-called "safe harbor" provision, which assures Congress' deference to states in their appointments of electors if done by a specified deadline: If any State shall have provided [...] for its final determination of [...] the appointment of all or any of the electors of such State [...] at least six days before the time fixed for the meeting of the electors, such determination [...] shall be conclusive.[24]. "Too Close to Call". This increased the perceptions that the judges used their desired results to drive their reasoning, instead of using legal reasoning to arrive at a result. The voters are actually voting for a slate of electors, each of whom pledges to vote for a particular candidate for each office, in the Electoral College. Großen Erfolg hatte er mit dem Dokumentarfilm, den dieses Buch They similarly published 26 op-eds criticizing the decision, compared to just 8 defending the decision. Gore argued that there was indeed a statewide standard, the "intent of the voter" standard, and that this standard was sufficient under the Equal Protection Clause. In this case, petitioners have failed to carry that heavy burden. Footnotes 17 and 22 state:[19]. Justice Stevens's dissenting opinion was joined by Justices Souter, Ginsburg, and Breyer. [14] On that date the Florida Supreme Court, by a 4–3 vote, ordered a statewide manual recount. Nach den Ereignissen der Präsidentschaftswahl im Jahr 2000 widmete sich Al Gore noch stärker dem Kampf gegen die globale Erwärmung. The Court had to resolve two different questions to fully resolve the case: Three days earlier, the five-Justice majority had ordered the recount stopped,[27] and the Court had to decide whether to restart it. Determination of controversy as to appointment of electors", "3 U.S. Code § 5 - Determination of controversy as to appointment of electors", "Scalia and Stevens clash over recount stay in Bush v. Gore", "The Unbearable Rightness of Bush v. Gore", https://web.archive.org/web/20020118072636/http://election2000.stanford.edu/, "The Lawfulness of the Election Decision: A Reply to Professor Tribe", "Is There a First Amendment Defense for Bush v. Er erregte in den Vereinigten Staaten enormes öffentliches Aufsehen, weil mit dem endgültigen Gerichtsurteil vom 12. They began drafting a dissent before this case was argued before them, a dissent that was temporarily shelved upon the Court's unanimous remand to the Florida court. Al Gores Klimafilm "Eine unbequeme Wahrheit" enthält wissenschaftliche Fehler und darf in Schulen nur mit entsprechenden Hinweisen gezeigt werden, hat ein britisches Gericht entschieden. She further announced that after she received the certified returns of the overseas absentee ballots from each county, she would certify the results of the presidential election on November 18. 93 Min. [86], Justice Stevens' criticism of the Court in his dissent for questioning the impartiality of Florida's judiciary was itself criticized by Lund, a former law clerk for Justice O'Connor. Of these 4842 excluded ballots, 4513 had been set aside by the canvassing board for later inspection by a court (which never happened). They note that, despite the per curiam decision's declaration that the case was taken "reluctantly", Justice Kennedy had been rather enthusiastic about taking the case all along. The Court stated that the per curiam opinion's applicability was "limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities." [16], A number of legal scholars have agreed with the dissenters' argument that Bush failed to carry the "heavy burden" of demonstrating a "likelihood of irreparable harm."[17]. Counting every legally cast vote cannot constitute irreparable harm. Gemeinsam wurden sie Eltern der vier Kinder Karenna (1973), Kristin (1977), Sarah (1979) und Al III. By December 8, 2000, there had been multiple court decisions regarding the presidential election in Florida. Eine radikalere Haltung sucht man bei Al Gore freilich vergeblich, schliesslich war er US-Vizepräsident unter Bill Clinton. But a recount could have restored the votes of thousands of older voters whose dimpled and double-voted ballots were indecipherable to machines but would have been clear in a ballot-by-ballot review. Gore had argued for a new recount that would pass constitutional muster, but the Court instead chose to end the election, asserting that "the Florida Supreme Court has said that the Florida Legislature intended to obtain the safe-harbor benefits of 3 U.S.C. ), § 5, which the Florida Supreme Court had stated that the Florida Legislature intended to meet. Early in U.S. history, most state legislatures directly appointed the slate of electors for each of their respective states. The Washington Post qualified the tallies conducted by the NORC consortium with the statement: "But no study of this type can accurately recreate Election Day 2000 or predict what might have emerged from individual battles over more than 6 million votes in Florida's 67 counties. In their dissents from the Court's December 12 per curiam opinion, Breyer and Souter acknowledged that the counting up until December 9 had not conformed with equal protection requirements. So quit bothering us. What must underlie petitioners' entire federal assault on the Florida election procedures is an unstated lack of confidence in the impartiality and capacity of the state judges who would make the critical decisions if the vote count were to proceed. Nachdem der Film in Großbritannien offiziell im Schulunterricht eingesetzt wurde, erhob ein Vater zweier Kinder aus der Grafschaft Kent Klage die Schüler würden, so sein Vorwurf, politisch indoktriniert. [6] However, on November 17, the Florida Supreme Court enjoined Harris from certifying the election while it heard appeals from the various cases in progress. Available at SSRN: The dissent by Justice Stevens in Bush v. Gore stated, "What must underlie petitioners' entire federal assault on the Florida election procedures is an unstated lack of confidence in the impartiality and capacity of the state judges who would make the critical decisions if the vote count were to proceed. Preventing the recount from being completed will inevitably cast a cloud on the legitimacy of the election. Im Jahr 1970 heiratete Al Gore Mary Elizabeth "Tipper" Aicheson. She added, "Maybe the court should have said, 'We're not going to take it, goodbye.' "[54] Abner Greene points to evidence that "the Florida Supreme Court thought all manual recounts – whether protest or contest – must be completed no later than December 12. Das dazugehige Buch mit einer Fle eindrucksvoller Fotos und Grafiken stmte schon bald nach seinem Even if the recount was fair in theory, it was unfair in practice. During the brief period when the U.S. Supreme Court was deliberating on Bush v. Gore, the Florida Supreme Court provided clarifications[19] that the U.S. Supreme Court had requested on December 4 in the case of Bush v. Palm Beach County Canvassing Board. By signing up for this email, you are agreeing to news, offers, and information from Encyclopaedia Britannica.
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