The Cites that Counted: A Decade of Bush V Gore Jurisprudence

Abstract

The Supreme Court tried to specifically limit the holding of Bush v Gore to the instant facts. However, in the decade since the decision, lawyers and judges have repeatedly cited it and some have sought to expand its precedential value for both election and non-election related cases. In short, judges have used the opinion to expand the equal protection analysis of election related claims. While litigants have attempted to push the Bush v Gore analysis into other topic areas, the courts have generally been unwilling to allow it. Finally, because a growing body of litigants point to Bush v Gore as appropriately guiding non-election related questions, it remains to be seen if, in the long run, Bush v Gore will remain a precedent of limited application.

Keywords: election administration, Bush v Gore, Supreme Court