December 12th, 2010

Bush v. Gore: Ten Years Later

Posted in Law, Personal, Politics, Society by MB

Ten years ago, I was sitting in the Worldport Terminal at JFK, on my way home.  I’d just picked up some Burger King french fries, waiting for a connecting flight back to DCA, while I watched the news.  And it was there that I heard the result of Bush v. Gore.  I can still tell you exactly where I was sitting.  And then I saw the opinion read out on the television.  And I was shocked.

Stupified.  Confounded.  Stunned.

The five justices in the majority helped complete my legal education in a way that I – at the time – truly didn’t think was possible.

The idealism of youth, I suppose.  Or something like that.

To review, the majority applied a principle that they’d never cared about in a way that they’d never done before to a specific set of circumstances they said should never be considered in the future.


I have very little interest in talking about Bush v. Gore.  There’s nothing to say about it, from a legal standpoint.  Sure, it’s a little useful as a basic honesty test, but those that defend it almost always reveal themselves as charlatans well before you ever get to the case itself.  But I do hope that it’s taken as a lesson by new generations.

So long as the Republican party that produced the 5-4 result exists, it’s important that everyone involved in politics understands what happened.

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  1. brian says:

    It might be worth noting that seven of the Justices agreed that the FSC’s recount ruling violated the 14th Amendment.

    December 13th, 2010 at 3:58 pm

  2. MB says:

    Brian, that’s akin to saying that Congress has an 80% disapproval rating, so they must all be wrong. You know the mechanics of how it broke down.

    December 14th, 2010 at 12:52 pm

  3. warren says:

    The obvious solution is to simply have the elector appointed by the state legislatures.

    December 17th, 2010 at 6:09 am

  4. Will says:

    20 / 20 hindsight is a terrible thing …. but as much as I couldn’t stand Gore …. he surely would have been by far the lessor of 2 evils

    December 21st, 2010 at 8:19 pm