What Trump will likely be looking for, then, is invalidation — throwing out tons of votes on the kind of technicalities that the Gore campaign declined to pursue. Palm Beach Canvassing Board. That ended with an inconclusive decision, but during oral argument, Scalia and Chief Justice William Rehnquist dusted off an case, McPherson v. Republicans in Florida had actually prepared a bill to appoint a slate of electors, and Governor Jeb Bush had said he would sign it, making his brother president.
You could imagine a similar scenario playing out today in a Republican controlled state like Georgia or Arizona. But that never came to pass in Florida, because Bush v. Gore made the issue moot. He had sat down to write an op-ed column for the New York Times , in anticipation of a ruling that would allow the recount to continue.
Is there any better or equal hope in the world? Justice Ruth Bader Ginsburg wrote a searing dissent, pointing out that if anyone had an equal protection complaint, it was the thousands of Black voters who had seen their ballots disproportionately invalidated. Ginsburg grudgingly deleted the reference to race. Bush v. He refused to give up, and spent the night of the decision drawing up legal papers in the hopes that the Florida Supreme Court might establish a uniform standard, thus satisfying the 14th Amendment problem.
Early the next morning, Gore and his lawyers convened for another conference call. Gore argument, told me a few years ago. There was a debate back and forth between the people on the call about whether to fight notwithstanding the Supreme Court, and insist that the Court had effectively tinkered with democracy. It was a real conversation. And it was a real conversation that lasted 20 minutes. Finally, the vice-president shut his lawyers down.
That evening, Al Gore conceded the election, preserving the legitimacy of the American system of democracy, at least for another 20 years. It would be the biggest boost of federal aid to Amtrak since Congress created it half a century ago.
Flynn said in an interview Monday. Already a subscriber? Log in or link your magazine subscription. Account Profile. Sign Out. Tags: elections al gore george w. Most Viewed Stories.
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First, the television networks said that Vice President Al Gore had carried the state. Bush the winner. The presidential election was so close that it took five weeks to determine the winner. Bush won much of the Midwest and Plains, as well as the South. Gore gained a half-million more votes than Bush, but Gore lost the Electoral College when he lost Florida.
In , President-elect Joe Biden is ahead by thousands of votes in five battleground states where President Donald Trump's team is pursuing legal action to challenge the results. The closest state, Georgia, which will hold a recount, has Biden ahead by more than 12, votes as of Nov. A recount is unlikely to change the outcome given the current margins. Claims of widespread voter fraud have not been backed by evidence.
And election law experts say voter fraud is rare and, when it happens, it typically affects a miniscule number of votes. There isn't anything that has come out that could plausibly affect the outcome," said David Boies, who led Gore's legal team in Boies acknowledged that the Trump campaign is entitled to recounts.
But, he said, "recounts are going to affect hundreds of votes, maybe. They're not going to affect thousands of votes. Trump, who has shown no sign of conceding, has repeatedly expressed his desire to lean on the U.
Supreme Court, to which he has appointed three conservative justices, to tip the election in his favor. Battleground state lawsuits: Most Republican lawsuits challenging election results in battleground states haven't gone far. Trump's new campaign: Flurry of election lawsuits in search of strategy, as Biden claims victory. For the Supreme Court to be involved, there must be a federal or constitutional issue.
Questions that have been raised so far, including allegations of voter fraud and not giving Republican poll watchers meaningful access to closely watch the counting of ballots, are all local or state issues over which the Supreme Court has no jurisdiction, Boies said. A Supreme Court involvement? Don't count on it. Barry Richard, who represented Bush in , agreed, saying the highly politically charged environment is unlikely to persuade the high court to intervene. In multiple polls, the American public has shown that of the three branches of government, it's the Supreme Court that the public has the highest regard for.
I don't think they want to lose that, particularly the chief justice, John Roberts," Richard said. For litigation over the election to reach the high court, there would have to be a repeat of an extremely tight race hinging on one swing state. Or, as Richard described, on two states, with each going a different direction. In , the Supreme Court looked at the issue of equal protection, which requires the government to treat individuals in the same way.
There needed to be a uniform way of considering ballots during the recount, and there wasn't, which violated an equal-protection right voters have to have their ballots treated equally during an election. The court ruled that because Florida counties conduct recounts differently, continuing the recounts was unconstitutional. Election litigation: Trump sues to stop vote-counting in Michigan, Pennsylvania; claims late ballots mixed with others in Georgia.
Now a stressed nation looks for normalcy under Joe Biden. In , if local election officials had allowed poll watchers for one party to closely watch the counting of votes but did not do the same for poll watchers of the other party, "there might be an issue," Richard said.
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