Upon due consideration of the difficulties identified to this point, it is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work. ON WRIT OF CERTIORARI TO THE FLORIDA SUPREME COURT [December 12, 2000] Per Curiam. See post, at 6 (Souter, J., dissenting); 2d, at ____, n. 21 (slip op., at 37, n. 21) (noting “practical difficulties” may control outcome of election, but certifying partial Miami-Dade total nonetheless). He appealed to the First District Court of Appeal, which certified the matter to the Florida Supreme Court. See Ho, More Than 2M Ballots Uncounted, AP Online (Nov. 28, 2000); Kelley, Balloting Problems Not Rare But Only In A Very Close Election Do Mistakes And Mismarking Make A Difference, Omaha World-Herald (Nov. 15, 2000). Argued December 11, 2000-Decided December 12,2000. Several states were up for grabs, but in the end it came down to one: Florida, where Bush’s younger brother, Jeb, was governor. 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. v. GORE ET AL. On December 8, 2000, the Supreme Court of Florida ordered that the Circuit Court of Leon County tabulate by hand 9,000 ballots in Miami-Dade County. The county canvassing boards were forced to pull together ad hoc teams comprised of judges from various Circuits who had no previous training in handling and interpreting ballots. A manual recount of all None are more conscious of the vital limits on judicial authority than are the members of this Court, and none stand more in admiration of the Constitution’s design to leave the selection of the President to the people, through their legislatures, and to the political sphere. The question before us, however, is whether the recount procedures the Florida Supreme Court has adopted are consistent with its obligation to avoid arbitrary and disparate treatment of the members of its electorate. The Circuit Court denied relief, stating that Vice President Gore failed to meet his burden of proof. The search for intent can be confined by specific rules designed to ensure uniform treatment. The votes certified by the court included a partial total from one county, Miami-Dade. Accepting jurisdiction, the Florida Supreme Court affirmed in part and reversed in part.

See Equal protection applies as well to the manner of its exercise. History at your fingertips Be on the lookout for your Britannica newsletter to get trusted stories delivered right to your inbox.Articles from Britannica Encyclopedias for elementary and high school students. That brings the analysis to yet a further equal protection problem. 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 The judgment of the Supreme Court of Florida is reversed, and the case is remanded for further proceedings not inconsistent with this opinion. On December 8, 2000, the Supreme Court of Florida ordered that the Circuit Court of Leon County tabulate by hand 9,000 ballots in Miami-Dade County. The want of those rules here has led to unequal evaluation of ballots in various respects. Const., Art. In addition, the recounts in these three counties were not limited to so-called undervotes but extended to all of the ballots. A monitor in There is no difference between the two sides of the present controversy on these basic propositions. This case has shown that punch card balloting machines can produce an unfortunate number of ballots which are not punched in a clean, complete way by the voter. BUSH ET AL. In this race, the gap appeared to be roughly 0.01 percent. GEORGE W. BUSH, et al., PETITIONERS v. ALBERT GORE, Jr., et al.


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