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Constitutional Law Keyed to Choper
Bush v. Gore
Citation:531 U.S. 98, 121 S.Ct. 525, 148 L.Ed.2d 388 (2000).
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- The Brief Prologue provides necessary case brief introductory information and includes:
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- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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In 2000, during the presidential election between George W. Bush (Bush) and Al Gore (Gore), Gore won the popular vote. Nevertheless, the outcome of the election was dependent upon the 25 electoral votes from the state of Florida. After the deadline passed for counting votes and no winner was determined from Florida’s electoral votes, Gore requested a manual recount of the Florida votes, relying on Florida statute which allowed for the recount of votes where there was an influx of illegal votes or rejection of legal votes. However, Gore failed to provide a “reasonable probability” that the election would have turned out differently. The Florida Supreme Court reversed under the conception that the trial court improperly defined “reasonable probability,” and required Gore to prove that an influx of illegal votes were used or legal votes were excluded in the voting count. Bush sought certiorari and a stay of the recount.
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