Thursday, October 27, 2011

Order Without Law

Facts:
1. During Bush vs Gore, Willam Rehnquist was chief justice.
2. Bush vs Gore was the fourth intervention by the US supreme court over the outcome of the
presidental election in Florida.
3. Katherine Harris announced the deadline for recounts was final and would not extend November 14th.
4. On November 21st, the Florida Supreme Court required her to extend the deadline for the recount.
5. The US Supreme Court issued their decison December 9th.
6. The Equal Protection Clause influenced the court's decision.
7. Wealthy counties machine counts have a 2% higher success rate than poor counties.
8. In national elections, different states use different machinery.

Post-Reading Questions:
1. Is judical minimalism used to avoid confronting big issues?
2. Should the court have applied it's decision,based on the Equal Protection clause, to all elections?
3. Was it wrong of the Florida Supreme Court to force the Secretary of State to extend the deadline?
4. What made the US Supreme Court decide to hear the case?
5. Are manual recounts more or less effective?

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