Snappy newsletters. Simple Facebook sharing. Spirited comments. Sweet features are waiting… GET THEM NOW!

Bush v. Gore No Longer a Judicial Joke

By Neal Colgrass,  Newser Staff

Posted Dec 22, 2008 8:18 PM CST

(Newser) – Once considered an intellectually trivial, one-off ruling, Bush v. Gore is gaining ground as legal precedent, the New York Times reports. The 2000 Supreme Court decision has been cited some 20 times in the Minnesota Al Franken/Norm Coleman recount case, and influenced a recent Ohio ruling on voting machines. Its effect? That a state can't "value one person's vote over that of another" after granting everyone an equal vote, the ruling said.

Yet law schools have roundly mocked the logic of the decision that effectively made George W. Bush president. “It hasn’t been cited even in cases where it should have been cited,” one professor said. “The case is radioactive." Even the Supreme Court warned that it set a weak precedent. But "there is a sense that some of the initial reaction was an over-reaction," said one analyst.

Former U.S. Vice President Al Gore delivers a policy speech denouncing Bush administration policies at New York University May 26, 2004 in New York City.
Former U.S. Vice President Al Gore delivers a policy speech denouncing Bush administration policies at New York University May 26, 2004 in New York City.   (Getty Images)
US President elect George W. Bush meets with Vice President Al Gore at the Naval Observatory December 19, 2000 in Washington DC.
US President elect George W. Bush meets with Vice President Al Gore at the Naval Observatory December 19, 2000 in Washington DC.   (Getty Images)
The US Supreme Court building.
The US Supreme Court building.   (Shutterstock)
« Prev« Prev | Next »Next » Slideshow
To report an error on this story, notify our editors.
A snapshot of the day's best news stories.
 
COMMENTS
Showing 3 of 5 comments
justme
Dec 23, 2008 5:46 AM CST
It isn't a question of how well Bush did. It's a question of wether the election was fairly decided. I for one, felt that the Supreme Court ruled the way it needed to. If it was so bad, why did Bush win again 4 years later?
Guest
Dec 23, 2008 4:44 AM CST
Feragola, I guess the last eight years have been fine for you, Huh?????????????????
Mr.C
Dec 22, 2008 11:35 PM CST
by counting ballots in over 6 ways (hanging chad/dimpled chads/ etc.) gore would have won in only one scenario - I'd say you give it to the person who wins most of those cases -

More Newser Stories

Detroit Bust Would've Been Better Than Bailout

Colbert Making Supreme Court Look Stupid

How Much Did Obama Really Add to Deficit?

Supreme Court Bans Warrantless GPS Tracking

Bush's CIA Chief: We Ruled Out Iran Strike


NEWS FROM OUR PARTNERS
Other Sites We Like:   24/7 Wall St.   |   Betty Confidential   |   BuzzFeed   |   Cracked   |   Fark   |   Timelines   |   The Frisky   |   Geek Sugar   |   NewsOne