August 24, 2016

Listen to the Episode

From The Official Website:

Finally wrapping up their four-part discussion of the 2000 U.S. Presidential election, Andrew and Thomas follow the Gore campaign’s lawsuit as it goes to the Supreme Court. How legitimate is Bush v. Gore? Does it hold water? Find out in this episode.

Show Notes & Links

  1. The Supreme Court’s decision in Bush v. Gore, 531 U.S. 98 (2000).
  2. Palm Beach County’s insane “butterfly ballot,” which resulted in thousands of extra votes for Pat Buchanan that were almost certainly intended for Al Gore.
  3. The American Political Science Review article referenced on the show which did a statistical analysis of the Buchanan “butterfly ballot” votes.
  4. Herron & Lewis’s 2006 political science article showing that Nader cost Gore the election in Florida even assuming no recount.
  5. One example of an early media report stating that Bush would have won with limited recounts of the sort Gore was seeking from the Florida courts.
  6. More recent studies indicate that if the recount had been allowed to proceed, Gore would have won.

Law Talkin' Stuff

It's in the Constitution
Law Court Thingies
Magic Law Words






  • [00:00:00] Intro
  • [00:01:47] Deep dive: 2000 Election continued
    • [00:01:50] Gore’s options for Florida campaign remedy attempts
    • [00:02:40] States’ electoral allocation rights under 17th Amendment
    • [00:04:45] City v. rural congressional districting
    • [00:06:00] Summation of what Gore has to do with presidency in balance
    • [00:06:45] Al Gore's lawyers: Laurence H. Tribe (ex-professor of Andrew’s), David Boies ("greatest trial lawyer ever")
    • [00:07:20] Trial court ruling on Plaintiff Gore
    • [00:08:10] Gore’s appeal to Florida Supreme Court
    • [00:10:30] Al Gore is elected President
    • [00:11:00] Recourse to U.S. Supreme Court
    • [00:11:35] The injunction
    • [00:12:30] The per curium opinion
    • [00:14:15] Three bases for the injunction
    • [00:17:20] Discuss key issue and case for the defense
    • [00:19:05] Compare Ford v. Carter in New York, 1976
    • [00:23:00] Case for the defense discussion continues
    • [00:24:25] Mentioned: Belted lawyer, Hanging chad, Dimpled chad
    • [00:25:15] Justice Ruth Bader Ginsberg's dissent
    • [00:27:10] Case for the defense discussion continues
    • [00:27:45] The recount decision
    • [00:28:20] Studies indicating whether Gore would have won
    • [00:31:47] David Boies mention
    • [00:34:00] Justice David Souter's dissent, Justice Antonin Scalia mention
    • [00:34:24] “Lawyer smack down” and “Taking the glove off”
    • [00:34:50] The last word
  • [00:36:45] Outro