ABSTRACT
Many commentators have characterized the Court’s decision in Bush v. Gore as among the worst in its history.1 Critics allege that the Court’s decision to overturn the Florida
Supreme Court’s ruling and effectively end the 2000 presidential election was driven by partisanship and ideology, not law. Upon closer analysis, the text of the Equal Protection Clause and 3 U.S.C. §5, which states that any controversy regarding a state’s electors must be resolved within six days before the Electoral College votes on December 17 of each election year, provided at least some support for the Court’s decision.
