There are many people who believe that Bush v. Gore was a very political decision, which may explain why the majority in that decision arguably limited the case’s precedential authority. While the Court in Bush v. Gore stated that its “‘consideration is limited to the present circumstances,’ I believe that statement was not meant to deprive the decision of all precedential weight but, rather to make clear that the precise facts of the case were unique.” Chief Justice Roberts said at his confirmation hearing.
So, what now of the case from the Commonwealth of Pennsylvania? The Supreme Court of Pennsylvania held that there was unconstitutional gerrymandering…and they ruled that gerrymandering violated Pennsylvania’s Constitution. So, will the present United States Supreme Court become the modern day “activist” or “partisan” court?
As reported in How Appealing:
Supreme Court signals it might block Pennsylvania ruling against partisan gerrymandering
David G. Savage of The Los Angeles Times has this report. The petition seeking the United States Supreme Court’s intervention in a case decided squarely on independent state grounds cites Bush v. Gore as the reason the United States Supreme Court should intervene.