bush v gore analysis

bush v gore analysis
October 28, 2020

What will probably be the result is a restructuring of the Supreme Court to bring it back into balance. Kay Long This category only includes cookies that ensures basic functionalities and security features of the website. He said politics had not been involved in the decision. Assassination Attempt Through Positive Thinking? At issue was Amendment 2 to the State Constitution of Colorado “which precludes all legislative, executive, or judicial action at any level of state or local government designed to protect the status of persons based on their "homosexual, lesbian or bisexual orientation, conduct, practices or relationships” (Romer v. Evans, 1995). After all, I have excluded from the above analysis the votes of Justices Rehnquist, Scalia and Thomas in affirmative action cases. “I think this will end up in the Supreme Court, and I think it’s very important we have nine justices,” President Trump said last month of the election results before nominating judge Amy Coney Barrett to replace the late Justice Ruth Bader Ginsburg. I say cult because their reasoning doesn’t make any sense. Analysis Final Reflections Bibliography Understanding the Criticism. “I think a lot of what will frame the Supreme Court intervention here will depend a lot on the vote margins in various states and the perception that a particular case is going to be decisive.”, Gallery: Photos: Iowa judge hears arguments in Johnson County absentee ballot request forms case (Des Moines Register). After careful consideration, including numerous hearings by the New Haven Civil Service Board, the City decided not to certify the results of the examination for fear that they would be sued by minority test takers because of the disparate impact of the examinations and the existence of less discriminatory alternatives to identify promotion candidates. It is neither but a great fear of Putin which is why his speeches and talking points are identical to Russian media propaganda. The Court ruled that the Florida Supreme Court's method for recounting ballots was a violation of the Equal Protection Clause of the Fourteenth Amendment. With a ruling of 8-1, the Plessy v. Ferguson Court purported that as long as the facilities that the two races occupied were equal in quality and accommodations, then it was constitutionally permissible for the facilities to be separate. A machine recount of the votes closed the gap to 327 votes favoring Governor Bush. Thus, the Supreme Court justices were aware that in hearing and offering a ruling on the case of, As the Gallup polls on the previous page show, public trust in the Supreme Court has tended to be quite stable over time, despite controversial rulings like that of, As attorney John C. Yoo notes, “prominent legal academics have voiced a number of objections that question the [Supreme] Court’s very legitimacy” (Yoo, 2001: 223). “But there are also other paths.”. As the Gallup polls of the previous page show, the general public seems to accept these rulings with trust, even if the outcome disappoints them. George W. Bush in the Florida ballot-recount battle that came down to a single vote at the Supreme Court. “We’re all going to be really happy and proud when we get through the final days.”. He joined the Bush administration in the second term, serving 2005-2006 in the Department of Justice. It was at this session that Thomas happened to reveal for the first time a "personal reason" for his habit of not asking questions at oral arguments. It is my opinion that anyone over the age of 16 who can premeditate and act upon an event so gruesome that includes either or both rape and murder should be subject to the death penalty. Bush V. Gore 2000 The official name of my case is Bush versus Gore. We're hosting a symposium on the Supreme Court's shadow docket. "Bush v. Gore's mandate was followed without paratroopers being dispatched, without bullets being fired, without rocks being hurled, and even without punches being thrown," he said in a 2009 appearance in Boston. The state Supreme Court held gore would have won under the correct standard and reversed. “What doesn’t help is when courts go beyond what the legislature has done and require states to count ballots a week or weeks after an election. Bush, also joined a concurring opinion with Rehnquist and Justice Antonin Scalia, finding additional constitutional flaws in a Florida state Supreme Court decision that had allowed the recounts to continue. “I'm counting on them to look at the ballots, definitely,” Trump has said of the justices. Some election experts say there’s a good chance a 2020 election legal crisis will be avoided altogether because of an overwhelming outcome in the vote. Early in U.S. history, most state legislatures directly appointed the slate of electors for each of their respective states. Bush v. Gore wasn’t the Court’s first foray into the realm of king making. These accusations, very serious in nature, center around the main criticisms already described, such as whether the Supreme Court could in fact hear this case because of its constitutional concerns. No more separating kids from their mothers! To be totally honest, I can't remember exactly what piece of the case it was. U.S. Supreme Court Decision: Romer v. Evans The U.S. Supreme Court has not yet weighed in. The U.S. Supreme Court quickly halted the order. Please join StudyMode to read the full document. On November 26, the state canvassing board certified Bush the victor of Florida's electors by 537 votes. As Justice Scalia noted in an interview in 2012 with CNN, the Supreme Court did not ask to be brought the case of, With such considerations in mind, it is not criminal that the Supreme Court accepted to hear. In December of 2000, the United States Supreme Court made a decision that ended the dispute about the 2000 presidential election in favor of George W. Bush. At the time of Bush v. Gore, Alito was a decade into the job, writing opinions in his Newark, New Jersey, chambers and widely regarded as a possibility for the younger Bush's "short list" of Supreme Court candidates. Knowing that promotional examinations have historically had a disparate-impact on minorities, the City hired a professional testing firm, Industrial/Organizational Solutions Inc. (“IOS”) to develop a racially-neutral exam. I say cult because their reasoning doesn't make any sense. But they have also agreed to follow the decision because that is what occurs in countries that have judicial independence and are ruled according to law. Hearing cases in New York, she was removed from the election fallout in Florida and Washington. That would be a missed opportunity, since the case appears to be an excellent vehicle for testing the continuing significance, if there is any, legally speaking, of Bush v. Gore. A dictator is a dictator is a dictator. “Although we will have a flood of absentee ballots in this election, states have rules to adjudicate and evaluate these ballots. During the 2000 presidential election, Florida's electoral process became the focus of a series of court hearings in which the legitimacy of Florida's recount of a closely contested race was ultimately decided by the U.S. Supreme Court (Bugliosi, 48-50). Only the Supreme Court can answer a fundamental question about Bush v. Gore: did that ruling change the constitutional law of voter equality, with wide impact on elections, or was it a one-day, one-case ruling that has no effect as precedent? Then in private practice, Roberts was preparing to argue before the justices in a separate business case on November 29, and within days in December, the baby boy he and his wife had planned to adopt was born. In 2000, Sotomayor was a US appellate judge for the 2nd Circuit. He was one of the four dissenters and, with the September 18 death of Justice Ruth Bader Ginsburg, is the only one left on the bench. Bush. Simmons, who at the age of 17, did so willingly and premeditated commit an act of murder after breaking and entering into an elderly woman's home. Of the Supreme Court's down-to-the-wire involvement, she said, "It's only happened once in the lifetime of our country" and added that since 2000, "enormous electoral process changes" have occurred. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are as essential for the working of basic functionalities of the website. Bush selected the Colorado native in 2006 for the Denver-based 10th US Circuit Court of Appeals. Hasen’s response this weekend to the Sixth Circuit ruling, and its discussion of his views, can be found here. Create your own unique website with customizable templates. The opinion in favor was filed by Justice Kennedy, while the dissenting opinion was filed by Justice Scalia. In such a position, the Supreme Court may have been tempted to consider how the election would unfold if it intervened, and how it would unfold if it remained removed from the process. - Plessy v. Ferguson 163 U.S. 537 (1896)

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