Bush v. Gore. Implications for future federal court practice.
Florida Bar Journal › Vol. 76 Nbr. 10, November 2002
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Bush v. Gore. Implications for future federal court practice.
It has been just about two years since Bush v. Gore, 531 U.S. 98 (2000), the U.S. Supreme Court's extraordinary decision that ended the debate over how to count the ballots in Florida and unofficially declared a winner in the 2000 presidential election. (1) Although numerous legal commentators have weighed in on the opinion--including, most notably, Judge Richard A. Posner of the Seventh Circuit (2) and Professor Alan M. Dershowitz of the Harvard Law School (3)--they have tended to focus on whether the Court properly resolved the constitutional issues or how the case will be viewed by history. (4)
In this article, I wish to consider the Court's decision from a different vantage point. Specifically, I am curious about how it might change future federal court practice. Actual Impacts To a certain degree, of course, the decision's impact on the federal courts already is clear. First, and most obvious, it made George W. Bush rather than Al Gore the President of the United States. In doing so, it ensured that for the next four years, more conservative nominees will be appointed to the federal bench (including possibly the Supr...See the full content of this document
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