As the 2000 Supreme Court case of Bush v. Gore — which handed George W. Bush the presidential election — comes up in Wednesday’s oral arguments, it’s worth noting that three of the current justices helped Bush in some manner when they were in private practice.
Chief Justice John Roberts flew to Florida in November 2000 to assist Bush’s legal team. He helped prepare the lawyer who presented Bush’s case to the Florida state Supreme Court and offered advice throughout.
Justice Brett Kavanaugh helped the Bush legal team on efforts related to recounts in Volusia County, Florida.
In an interview with CNN in Washington after the justices had heard oral arguments but before they ruled, Kavanaugh said the justices were concerned about “the arbitrary, standardless nature of the recount process in Florida.” He dismissed a question about political differences, saying, “I don’t think the justices care if it’s Bush v. Gore, or if it were Gore v. Bush. What they care about is how to interpret the Constitution and what are the enduring values that are going to stand a generation from now.”
Justice Amy Coney Barrett also went to Florida during the recount controversy. She told the Senate Judiciary Committee the law firm where she was working represented Bush and she visited Florida for a week, but did not continue on the case after she returned to Washington.
Of the nine current justices, only Justice Clarence Thomas remains on the bench. He voted with the 5-4 majority to end the Florida recount and hand Bush the presidency.
Watch Kavanaugh talk Bush v. Gore case in 2000:
Source: CNN