Home / Politics / December 12, 2000: The Day the Supreme Court Elected Bush
Print Friendly and PDF

December 12, 2000: The Day the Supreme Court Elected Bush

Written by Gary North on December 12, 2013

Do you remember? Of course. Who could forget?

Do you remember the logic of the Court’s decision? Of course not. Who couldn’t forget?

Wikipedia summarizes.

The Supreme Court, in a per curiam opinion, ruled that the Florida Supreme Court’s decision, calling for a statewide recount, violated the Equal Protection Clause of the Fourteenth Amendment. This ruling was by a 7-2 vote, but (as discussed more fully in the next subsection below) two of the seven disagreed with the Court’s remedy for the Equal Protection violation. The Court held that the Equal Protection Clause guarantees to individuals that their ballots cannot be devalued by “later arbitrary and disparate treatment”. Even if the recount was fair in theory, it was unfair in practice. The record, as weighed by the Florida Supreme Court, suggested that different standards were seemingly applied to the recount from ballot to ballot, precinct to precinct, and county to county, even when identical types of ballots and machines were used.According to the Court, the statewide standard (that a “legal vote” is “one in which there is a ‘clear indication of the intent of the voter'”) could not guarantee that each county would count the votes in a constitutionally permissible fashion. The Court stated that the per curiam opinion’s applicability was “limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities.” Remedy

The Court ruled 5–4 that no constitutionally valid recount could be completed by a December 12 “safe harbor” deadline. The Court asserted that “the Supreme Court of Florida has said that the legislature intended the State’s electors to ‘participat[e] fully in the federal electoral process,’ as provided in 3 U.S.C. § 5.” The Court therefore effectively ended the proposed recount, because “the Florida Legislature intended to obtain the safe-harbor benefits of 3 U.S. C. §5.”

I was so inspired that I wrote a poem, Ode to the Completed Election (Dec. 15, 2000). It was published on LewRockwell.com.

The spectacle has run its course; it’s time for celebration.
The networks now will shift concern to the inauguration.
Perhaps the viewers will forget and not seek to embarrass
The jerks who confused exit polls with word from Mrs. Harris.

The teams of lawyers will go home; they’ve made their point quite strongly.
The courts must get involved, or else the public will choose wrongly.
They’ve let us know we’re little more than children sucking licorice:
Paralyzed and helpless until lawyers get their vigorish.

Al Gore will second-guess himself, re-thinking every motion.
A surfer who just missed the wave in the electors’ ocean.
But now the wave has passed him by, too painful to be funny.
Along the shore, so blonde and sore, struts New York’s own surf bunny.

“If only this, if only that”: these thoughts will drive him bonkers.
He had so hoped to choose among the status-seeking wonkers.
He served so faithfully, he thinks, through China and Lewinsky.
And, in return, his boss’s wife is now the big butt-inski.

When games go into overtime, the players know that winners
Will be the saints, which always leaves the losers as the sinners.
And there sits Al Gore on the bench, his head low and dejected.
He’ll spend years watching replays where no vote is resurrected.

He told us all that he was sure that earth hung in the balance.
And spent a month complaining like a kid with no allowance.
The fate of Mother Earth, it seems, was really very simple.
But now she’s doomed, and just because a vote is not a dimple!

(For the remainder of this magnificent poem, click the link.)

Continue Reading on www.garynorth.com

Print Friendly and PDF

Posting Policy:
We have no tolerance for comments containing violence, racism, vulgarity, profanity, all caps, or discourteous behavior. Thank you for partnering with us to maintain a courteous and useful public environment where we can engage in reasonable discourse. Read more.

12 thoughts on “December 12, 2000: The Day the Supreme Court Elected Bush

  1. Patrick Duffy says:

    Yes, the Bush family (all of them) turned out to be a disaster, but would have Gore been any better? The truth is there is NO DIFFERENCE between the Bush family and any common liberal democrat, and that includes Al Gore. Elections are shams where the choice is between nothing.

  2. How can you say that? Oh, wait, you most likely don't get your vote from msnbc, and you are still using obsolete things (like your brain and reasearch) to decide the lesser of 2 evils is STILL evil. Well, keep up the great work, even if you are out-numbered by "low-information what-can- my- country- do- for- me?" voters

  3. "… 'There is hardly a political question in the United States which does not sooner or later turn into a judicial one.' Alexis de Tocqueville12

    "The Supreme Court, composed of one chief justice and eight associate justices, with its power to not only judge the facts of any case but also to interpret, judge, and overrule any “law” passed by Congress [and now election as well] (what Gary North described as “retroactive legitimacy to legislation”13 ), makes the Supreme Court the powerhouse or “big god” of this polytheistic system. Luther Martin, attorney-general of Maryland and one of Maryland’s delegates to the Constitutional Convention, pointed out that the Supreme Court ultimately negates the jury system:

    '…in all cases where the general government has jurisdiction in civil questions … its appellate jurisdiction, absolutely declares the Supreme Court shall have appellate jurisdiction both as to law and fact. Should, therefore, a jury be adopted in the inferior court, it would only be a needless expense, since, on an appeal, the determination of that jury, even on questions of fact, however honest and upright, is to be of no possible effect. The Supreme Court is to take up all questions of fact, to examine the evidence relative thereto, to decide upon them in the same manner as if they had never been tried by a jury…. But, Sir, the appellate jurisdiction extends … to cases criminal as well as to civil; and, on the appeal, the court is to decide not only on the law, but on the fact. If, therefore, even in criminal cases, the general government is not satisfied with the verdict of the jury, its officer may remove the prosecution to the Supreme Court, and there the verdict of the jury is to be of no effect, but the judges of this court are to decide upon the fact as well as the law….'14

    "The power of the people of the United States of America and their representatives is subject to the Judicial Branch, and ultimately the Supreme Court, which is essentially immune from any kind of censure. The real power or sovereignty of the United States Constitutional Republic resides in a Biblically unqualified and nearly always Biblically adverse five to four majority. The United States government is ultimately under the control and direction of five lawyers. And why not? In 1787, it was predominately lawyers (thirty-four of the fifty-five delegates were lawyers) who framed the Constitution and gave ultimate power into the hands of their own trade…."

    For more, see free online Chapter 6 "Article 3: Judicial Usurpation" of "Bible Law vs. the United States Constitution: The Christian Perspective." Click on my name, then our website. Go to our Online Books page, click on the top entry, and scroll down to Chapter 6.

  4. redmeatstate says:

    Seriously, you're still stuck on this??? the FSC broke the law by trying to change the election rules during this election!! They were sympathetic because they were ALL DEMOCRATS!! The Recount was rife with fraud, on Gore's part, and YOU ALL STILL KNOW THAT!!! Hanging chads, etc., WHAT AN INCREDIBLE FARCE IT WAS!!

  5. AD Roberts says:

    It made no difference. You see, the SCOTUS KNEW that if there was a recount in FLORIDA would have been a GUARANTEE that the Democrats would have won. Broward County is FAMOUS for keeping voting machines in the back of deputy sheriff's cars, just in case they need to generate a few more democrat votes. And don't forget about Allen West BEING AHEAD and then the WOMAN Democrat election official decided to RECHECK the mail in votes and FOUND enough ballots ALL for the Democrat to insure that the election would NOT be recounted automatically.
    Do I want a FAIR election? YES. But we have NOT had one in decades. Both sides are picked by the Bilderbergs. Don't think so? Look at who dropped out at the last minute last time. Palin had campaigned for TWO YEARS. And then dropped out at the last minute. Santorum dropped out because a son was sick. He had been sick for years.
    Bilderbergs made them an offer they could not refuse. And they did not have enough guts to stand up to them.

    Folks, PRAY. For that is the ONLY way you are going to save this nation.

  6. AD Roberts says:

    Nothing was said about the hundreds of military votes that were thrown out because the naval ships DON'T cancel stamps on outbound letters. Media said NOTHING and the votes were NOT EVER COUNTED.
    In this last election, ballots were NOT even sent out in time, (ON PURPOSE)
    Now a great many states are letting George Soros count the votes in ALL elections. Not only is he a Democrat sympathizer, a communist, but he is also totally without ethics or morality.

  7. AD Roberts says:

    As BAD as Obama is, I don't think that it would apply in the is case. No matter how bad McCain or Remney really are, (and they are truly bad) they would still NOT have bowed to Muslims leaders, armed MB and Syrian jihadists, or forced this disasterous ACA on us.
    No, Obama was the only one who would have been so destructive.

  8. bonniewheeler says:

    The final count long after Bush took office for the last time and found that he did, indeed, win the election, something the news failed to widely report.

  9. I urge readrs to obtain a copy of Ann Coulter's book HOW TO TALK TO A LIBERAL . She covers this topic in depth. Gore sued to have recounts in Florida. Florida has a law that states votes must be turned in in a 7-day period. The mainscream media boradcast that Gore had won Florida BEFORE THE POLLS CLOSED, thus discouraging voters from voting for Bush. When this tactic didn't work, Gore sued and the FL Supreme Court ( all democrat appointees) ruled for no less than 4 recounts- AFTER THE 7-DAY LIMIT. The case went to the U.S. Supreme Court, and the FL Suprem Court's decision was REVERSED. Poor Al Gore was not allowed to steal the election. Most justices on the U.S. Supreme Court stated that Gore's law suits deprived voters of the " equal protection clause : of the Constitution.

  10. Remember the old Bogart movie KEY WEST ? Edgar G. Robinson said something like thist: " Florida voting? I'll tell you about Florida voting. We count the ballots, and then count them again and again until we get the results we want." This may be an inexact quote, but I distinctly remember the remark. Not much has changed since Bogie's day…

  11. You either have one fantastic memory, or you have read Ann Coulter's book HOW TO TALK TO A LIBERAL ( If you must).

  12. old_salty_dawg says:

    The Supreme court did not elect Bush the people did. The Supreme court only upheld Fla. law. Gore wanted to cherry pick the places to be recounted and the Law said this Recount one Vote recount them all. Gore wanted to just count the votes so he could be elected and on only Democratic Counties. Bush said from the Start lets follow the Law. So this IGNORANCE of saying the Supreme Court elected Bush is an OUTRIGHT LIE. The press cried when they had to say Bush won and then again when the Ruling came down that if they recounted one vote they had to recount them all as Florida law says they must. Now if people do not like this they can fight to change the Law or they need to SHUT their PIE HOLES. Gore LOST and that is a FACT and people need to stop trying to make it out to be Bush stole the election when in FACT Gore was the one trying to STEAL the Election.