Bush v. Gore (2000) decision relied on concerns about which constitutional guarantee?

• A. First Amendment
• B. Fourth Amendment
• C. Fourteenth Amendment Equal Protection
• D. Sixth Amendment

Answer: (C)

The key idea is equal protection of votes under the Fourteenth Amendment. In Bush v. Gore, the Supreme Court said that how Florida counted ballots varied from county to county, with different procedures and standards for determining voter intent. That means two ballots that seem alike could be treated differently depending on where they were counted, giving some voters more weight than others. Because there was no uniform statewide method to ensure each vote was counted the same way, the recount threatened to produce an outcome that violated the principle of equal protection. The decision halted the recount to avoid an unconstitutional result, since the voting process would not treat all voters equally. The other amendments focus on different rights (speech, search and seizure, criminal trial rights) and aren’t the basis for this ruling.