George W. Bush and Richard Cheney v. Albert Gore, Jr., et al.
In a dispute over a Florida statewide recount of undervotes in the 2000 presidential election, the Court held that no constitutional recount could be conducted in the remaining time, and that the recount violated the Equal Protection Clause.· AI-written
531 U.S. 98 · No. 00-949 · 2000 term · Rehnquist Court
Decided Dec 12, 2000 · argued Dec 11, 2000
Civil rights · Voting
Landmark · Voting and redistricting
The voteMajorityDissent
5–45 in the majority, 4 in dissent
4 dissents (5–4)
Reversed and remanded. George W. Bush and Richard Cheney won.
What this ruling means
Reversed and remanded: the Supreme Court overturned the decision of the Florida Supreme Court and sent the case back to that court for further proceedings that follow the Supreme Court’s ruling.
George W. Bush and Richard Cheney was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.
From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.
Summary
The opening of the case’s Wikipedia article: what the case was about and what the Court held.
Bush v. Gore, 531 U.S. 98 (2000), is a landmark decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. Bush and Al Gore. On December 8, 2000, the Florida Supreme Court ordered a statewide recount of all undervotes, over 61,000 ballots that the vote tabulation machines had missed. The Bush campaign immediately asked the U.S. Supreme Court to stay the decision and halt the recount. On December 9, the U.S. Supreme Court granted certiorari and issued the stay. The case was argued before the Court on December 11. On December 12 the Court held, in a 5–4 per curiam decision, that no constitutional recount could be conducted in the remaining time, which was short because the Florida legislature wanted to take advantage of the federal "safe harbor" for its electors to be free from challenge.
The Court held that the recount violated the Equal Protection Clause of the U.S. Constitution's fourteenth amendment and must end. Seven justices expressed the view that the recount procedures suffered from constitutionally significant equal protection defects requiring correction. In dissent, two of the seven wrote that the matter should be remanded for a constitutionally proper recount. Specifically, the Court held that the Equal Protection Clause was violated by Florida's counties' varying standards for discerning voter intent. The case had also been argued on Article II jurisdictional grounds, which found favor with only three justices.
The majority held that no alternative method could be established within the discretionary December 12 "safe harbor" deadline set by Title 3 of the United States Code (3 U.S.C.), § 5, which the Florida Supreme Court had said the Florida Legislature intended to meet. The Court, holding that not meeting the "safe harbor" deadline would violate the Florida Election Code, rejected an extension of the deadline Justices Stephen Breyer and David Souter proposed to allow Florida to complete the recount using a uniform statewide standard. That deadline arrived two hours after the release of the Court's decision.
The Supreme Court's decision in Bush v. Gore was among the most controversial in U.S. history, as it allowed Florida Secretary of State (and co-chair of Bush's Florida campaign) Katherine Harris's vote certification to stand, giving Bush Florida's 25 electoral votes.
Data notes
The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.
How the justices voted
Each justice who took part, placed by their Martin–Quinn ideology score for the 2000 term. Filled: the 5 in the majority. Hollow: the 4 in dissent. Colour is the party of the president who appointed them.
Majority(5)
Sandra O'ConnorJoined the majority
Anthony KennedyJoined the majority
William RehnquistJoined the majority
Antonin ScaliaJoined the majority
Clarence ThomasJoined the majority
Dissent(4)
John StevensWrote a dissent
Ruth GinsburgWrote a dissent
Stephen BreyerWrote a dissent
David SouterWrote a dissent
Data notes
Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.
Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.
The parties
Who brought the case to the Court, who answered it, and how it got there.
- Petitioner
- George W. Bush and Richard CheneyPolitical candidate, activist, committee, party, party member, organization, or elected official
- Respondent
- Albert Gore, Jr., et al.Political candidate, activist, committee, party, party member, organization, or elected official
- Reached the Court by
- Certiorari (the Court chose to hear it)
Data notes
The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.
The law at issue
The law the Court was asked to apply, and the kind of power it used to decide.
- Provision
- 3 U.S.C. § 5
- Kind of law
- Infrequently litigated statutes
- Decided by
- Statutory construction
Data notes
The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.
Timeline
What happened at the Court and how the case got there, newest first.
- Dec 12, 2000DecidedDecided · Decided 5–4: reversed and remanded. George W. Bush and Richard Cheney won.
- Dec 11, 2000ArguedArgued · Oral argument before the Court.
- Not datedTaken upTaken up · The Supreme Court agreed to hear the case (certiorari).
- Not datedCourt belowCourt below · Decided by the Florida Supreme Court: affirmed and reversed (or vacated) in part and remanded.
- Not datedBeganBegan · The case began in the Florida trial court.
Data notes
From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.
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Data notes
Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.
Official record
Read the full opinion on Justia, the argument audio on Oyez and Wikipedia. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.