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THE "GORE EXCEPTION"
A Layman's Guide to the US Supreme Court Decision in Bush v. Gore
Presented by Mark Levine, Attorney at Law

Respond to this article at the Teen Advice Forum

 More of this Feature
• Part 1
• Part 2
• Part 3
• Part 5
• Part 6
 
 Join the Discussion
"Okay, I love politics. I would like to see everyone's views on the election while having a rational debate. I am for Gore, and I don't think Bush can run the country. Anyone, please respond KINDLY."
Respond to:
Corrine :) (DBABYDOLL14)

"Since many of you will be able to vote in 2004 I am curious, what kind of impact has the whole Florida mess made on you? Has it effected your opinion of the process, the parties or the candidates? Has it made you more or less likely to vote come 2004? Do you think that Bush is a "legitimate President"? Would Gore have been legitimate had he won on a recount? How has the battle in the courts made you feel about the candidates?"
Respond to:
~ Mike ~

"Apparently, some people have been having trouble understanding recent political events, so here's a quick and easy-to-read synopsis of this week's ruling."
Respond to:
LAZAYADA
 

  Essential Resources
• Bush v. Gore: Dec 12
• Rehnquist Concurrence
• Souter Dissent
• Ginsburg Dissent
• Stevens Dissent
• Breyer Dissent
 
 From Other Guides
• Gore v. Harris: Decision
• High Court Not Political
• Supremely Biased
• Justice O'Connor Asks
• Justice Kennedy Asks
 
 Elsewhere on the Web
• The US Constitution
• Searchable Constitution
• Electoral College
• Florida Elections Laws
• Email Congress
• Bush on the Issues
• Gore on the Issues
• Virtual Supreme Court
• US Supreme Court
• The Final US Supreme Court Decision - Full Text
 

Please note: This article is intended to educate teens about the happenings during the 2000 US election and is told from the point of view of a Democratic supporter.

It does not reflect the opinions or views of About.com or Teen Advice.

If you are interested in writing a Republican Rebuttal contact your
Teen Advice Guide

 
 

Part 4

Q:  So why not separate the votes into piles -- hanging chads for Gore, indentations for Bush, votes that everyone agrees went to one candidate or the other -- so that we know exactly how Florida voted before determining who won?  Then, if some ballots (say, indentations) have to be thrown out, the American people will know right away who won Florida?

A: Great idea!  An intelligent, rational solution to a difficult problem!  The US Supreme Court rejected it. They held in stopping the count on December 9 that such counts would be likely to produce election results showing Gore won and that Gore's winning would cause "public acceptance" and that would "cast a cloud" over Bush's "legitimacy" that would harm "democratic stability."

Q:  In other words, if America knows the truth that Gore won, they won't accept the US Supreme Court overturning Gore's victory?

A:  Yes.

Q:  Is that a legal reason to stop recounts? Or a political one?

A:  Let's just say in all of American history and all of American law, this reason has no basis in law. But that didn't stop the five conservatives from creating new law out of thin air.

Q:  Well, if the December 12 deadline is not binding, why not count the votes afterward?

A:  The US Supreme Court, after admitting the December 12 deadline is not binding, set December 12 as a binding deadline at 10 p.m. on December 12.

Q:  Didn't the US Supreme Court condemn the Florida Supreme Court for arbitrarily setting a deadline?

A:  Yes. 

Q:  But, but...

A:  Not to worry. The US Supreme Court does not have to follow laws it sets for other courts.

Q:  Tell me this, are Florida's election laws unconstitutional?

A:  Yes, according to the Supreme Court, the Legislature drafted the law in such an unfair way that the Florida votes can never be fairly counted.

Q:  Are the election laws of any of the other 49 states unconstitutional as well?

A:  Yes, if one logically applies the Supreme Court opinion. The voters of the 50 states use different systems and standards to vote, and 33 states have the same "clear intent of the voter" standard that the US Supreme Court found was illegal in Florida.

Q:  Then why aren't the results of 33 states thrown out?

A:  Um.  Because…um…..the Supreme Court doesn't say…

Q:   But if Florida's certification includes counts expressly declared by the US Supreme Court to be unconstitutional, we don't know who really won the election there, right?

A:  Right.  But a careful analysis by the Miami Herald shows Gore won Florida by about 23,000 votes (excluding the butterfly ballot errors).  See http://www.herald.com/thispage.htm?content/archive/news/elect2000/decision/104268.htm

Q:  So, what do we do? Count under a single uniform standard? Have a re-vote? Throw out the entire state?

A:  No. As there's no time for a re-vote or a re-count based on the non-binding "deadline", the Supreme Court will just choose itself who will be President, and it picks Bush to win 5-4, based on the flawed count it just called unconstitutional.

Next page > Part 5 > Page 1, 2, 3, 4, 5, 6

 

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