Bush v. Palm Beach County Canvassing Board

2000

Venue: SCOTUS

Facts: 2000 presidential election. FL SC reinterprets the election laws after election day.

Posture: Petition from Bush to review FL SC's decision.

Issue: Does the FL SC decision violate due process or 3 U.S.C. § 5 by changing the elector appointment process after election day? Or does it violate Art II § 1, cl. 2 of the constitution?

Holding: Yes. Vacated.

Rule: Plain language of Art. II, mostly, along with 3 U.S.C. § 5.

Reasoning: SCOTUS generally refers to a state court's interpretation of a state statute, but the election of the Presidential electors is something federal, in the sense that it's explicitly granted to the states by Art. II.

Plus, it doesn't really look like they did any reasoning here.


Dicta: