"The recount process… is inconsistent with the minimum procedures necessary to protect the fundamental right of each voter… Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy." — Bush v. Gore, per curiam opinion, December 12, 2000
Critics of Bush v. Gore argued the decision broke from precedent because the Court typically
- Acheck_circle
deferred to state supreme courts on interpretations of state election law
- B
applied strict scrutiny to all election regulations
- C
refused to hear cases involving statutory interpretation
- D
had never used the Equal Protection Clause to evaluate voting
Explanation
Dissenters argued that Florida's recount procedures were a state-law question normally left to the Florida Supreme Court, making the federal intervention unusual.