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12/12/2000 • 5 views

Supreme Court Stops Florida Recount, Deciding 2000 Election

A 2000-era Florida county election office table with stacks of paper ballots, election materials, and a sign reading 'Canvassing' (no people shown).

On December 12, 2000, the U.S. Supreme Court halted a Florida manual recount in Bush v. Gore, effectively awarding the presidency to George W. Bush by ruling that the recount procedures violated the Constitution and that no constitutionally valid recount could be completed in time.


On December 12, 2000, the U.S. Supreme Court issued a per curiam decision in Bush v. Gore that halted a Florida manual recount of ballots in the 2000 presidential election. The case arose after the November 7 election produced an extremely close vote tally in Florida between Republican candidate George W. Bush and Democratic candidate Al Gore. The outcome of Florida’s electoral votes would determine the winner of the Electoral College and thus the presidency.

In the weeks after Election Day, state and county officials counted and recounted ballots amid disputes over ballot design (including the “butterfly” ballot in Palm Beach County), voting machines, and the interpretation of partially punched or misregistered ballots. Litigation moved through Florida’s courts and ultimately to the U.S. Supreme Court. On December 9, the Florida Supreme Court ordered a limited manual recount in several counties; the next day the U.S. Supreme Court granted a stay, then expedited review.

The Supreme Court’s decision, issued on December 12, held that the varying standards used by different Florida counties for recounting ballots violated the Equal Protection Clause of the Fourteenth Amendment because they treated voters differently without a single, uniform standard. The Court also concluded, by a 5–4 vote on the remedy, that there was no constitutionally acceptable way to complete a statewide recount within the time required to meet the federal deadline for certifying electors (the so-called “safe harbor” deadline under federal law) and to allow the Electoral College to meet. Because the Court halted the recount and left the previously certified machine recount totals in place, the ruling effectively resulted in Florida’s electoral votes being awarded to George W. Bush.

The majority opinion was brief and emphasized equal protection concerns arising from inconsistent recount methodologies; separate concurring and dissenting opinions reflected sharp divisions on both legal reasoning and remedy. Dissenting justices argued that the Court’s intervention was unnecessary and that the Florida courts should be allowed to complete their procedures, and some contended that the remedy chosen by the majority improperly terminated a state judicial process.

Bush v. Gore resolved the 2000 presidential contest but generated enduring controversy. Legal scholars, politicians, and the public debated whether the Court’s legal reasoning was sound, whether the decision represented judicial overreach, and what it implied for federal–state relations and election law. The case prompted legislative and administrative changes to voting processes and recount procedures in many states, including increased attention to ballot design, voting technology, and standardized recount rules to reduce the risk of similar disputes.

The ruling was limited in scope: the Court stated that its reasoning was confined to the specific circumstances of the case, and the per curiam opinion included language cautioning against broad precedential application. Nevertheless, Bush v. Gore remains one of the most consequential and scrutinized Supreme Court decisions of the modern era, as it directly determined the outcome of a presidential election and sparked ongoing discussion about election administration, judicial intervention, and the equal protection implications of vote counting.

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