by Kimberly Holloway

Created on: April 30, 2008

The decision of the supreme court in 2000 for the case of Bush v. Gore was fair and just in that the Florida Supreme Court's method for recounting ballots was unconstitutional as ruled the a 7-2 vote. A legal vote is one in which there is a clear indication of the voter's intent. Since votes in each county could not confirm that they would be counted in the same manner, there was a clear violation of the Equal Protection Clause of the United States Constitution. In a normal case, this decision would have been left to the state supreme court. However, the Chief Justice maintained that the Florida's Supreme Court decision was not proper judging. The recount had to be stopped because it the method was outrageously unfair. One cannot use several methods of recounting and expect to come out with a fair result. Since the Florida Supreme Court could not make a fair decision in this case, it was the duty of the high court to step in and make sure that the case was treated in a just manner which meant putting a stop to the recount. Though it is likely that politics played a role in the decision by the U.S. Supreme Court, it was not the overriding factor in this case. I imagine that the US Supreme Court had proper suspicion that the Florida recount may have been manipulated to favor Vice President Gore and therefore acted in an appropriate manner to such a suspicion. Their actions were not only appropriate but also justifiable. If the Supreme Court had not intervened, the battle between Vice President Gore and Governor Bush may have been prolonged. This is no doubt a difficult case that has brought along many controversies since the Supreme Court decided in favor of Governor Bush. However, despite criticisms the decision in Bush v. Gore was fair and just. In looking back, one must understand that this case was not an easy call. The Supreme Court acted in what they felt was the most beneficial and constitutionally appropriate. Had the decision favored Gore, there would still be controversy today over the outcome of the case. It is impossible for the Supreme Court to make decisions that make everyone happy. They must make the best judgment calls necessary according to the laws in which we must follow.

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