FALL / WINTER 2020 A Publication of THE FLORIDA SUPREME COURT HISTORICAL SOCIETY BUSH V. GORE 20 YEARS LATER BUSH V. GORE BUSH TEAM: GORE TEAM'S LESSONS FROM IN HISTORICAL LITIGATING RECOLLECTIONS THE JUSTICES PERSPECTIVE HISTORY PAGE 19 PAGE 22 PAGE 8 PAGE 13 Contents 5 23 35 40 FLORIDA FLORIDA FLORIDA FLORIDA LEGAL HISTORY LEGAL HISTORY LEGAL HISTORY LEGAL HISTORY The 2000 2020 Vision: How Bush v. Other Election: A Important Gore Affected Business Chaotic Part of Lessons from the Court Must Go On Florida’s Past the 2000 Robert Craig Waters Melanie Kalmanson Lucy Morgan Presidential & Thomas D. Hall Election Charles T. Wells 41 39 FLORIDA 8 LEGAL HISTORY LEGAL HISTORY FLORIDA LEGAL HISTORY Bush v. Gore Remembering 25 Bush v. Gore: Leander J. in Historical FLORIDA LEGAL HISTORY The Too-Close- Shaw, Jr. Perspective to-Call Election Michael T. Morley 20 Years Since Bush v. Gore Herman Russomanno Barbara J. Pariente 13 & Peggy A. Quince FLORIDA LEGAL HISTORY Litigating 30 FLORIDA History LEGAL HISTORY Barry Richard 2000 Election Memories 19 Major B. Harding FLORIDA LEGAL HISTORY Gore Team's 32 FLORIDA Recollections LEGAL HISTORY Mitchell W. Berger, Charles Lichtman, & Bush v. Gore: Leonard K. Samuels A Universal Civics Lesson Harry Lee Anstead "It was very special to be asked to cover something so important to our country and the whole world right here in my hometown. I think the rest of the world was envious with how we handled a very close election so peacefully. While not everyone liked the outcome, it showed that everyone respected and believed in the process." RYALS LEE PHOTO BY RYALS LEE RYALS BY PHOTO 2 HISTORICAL REVIEW FALL / WINTER 2020 EDITOR’S MESSAGE elcome to a very exciting issue of the Historical Review! Each Wof you probably has your own recollection of the 2000 election and its impact on your life. Although I was pretty young then, I did have the opportunity at the end of my clerkship with Justice Pariente to spend time going through her papers from Bush v. Gore. (Please see below for an explanation on the use of Florida Supreme Court “Bush v. Gore” to characterize the 2000 Photo by The Workmans Historical Society election.) Through that experience, I came wearetheworkmans.com FALL / WINTER 2020 to understand and appreciate the amount of effort that the Supreme Court of Florida—the Justices, the law clerks, Central Staff, the Clerk’s EDITOR Office, the Public Information Office, and everyone else—expended in Melanie Kalmanson those days. It is an honor to commemorate those 36 days with this issue. EDITORIAL ASSISTANCE If, after reading, you want more Bush v. Gore, I recommend Jonathan F. Claussen • Thomas D. Hall (1) reading Justice Labarga’s article from the 2018 Summer/Fall D. Bailey Howard • Mark A. Miller Issue of the Historical Review about his role as a circuit court judge Lisa Tipton • R. Craig Waters in Bush v. Gore, which is available on the Historical Society’s website; (2) watching Recount, which is available on Amazon Prime DESIGN & LAYOUT and HBO; and (3) visiting the Court’s Memory Project page at www.floridasupremecourt.org/memory. I owe thanks to several people: Mark Miller for the brilliant idea of dedicating this issue to the 20th anniversary of Bush v. Gore; Craig Waters and Tom Hall for their tremendous help in curating the articles and providing their expertise on those 36 days of chaos; each author PUBLISHED BIANNUALLY BY THE for providing their unique perspective; and, of course, Steve Leacock FLORIDA SUPREME COURT for his design brilliance. HISTORICAL SOCIETY I hope you enjoy! Mark A. Miller, Executive Director 1947 Greenwood Drive, Tallahassee, Florida 32303 www.flcourthistory.org • [email protected] The Florida Supreme Court Historical Society Melanie Kalmanson, Esq., Editor works to save and maintain for future generations AKERMAN LLP • JACKSONVILLE, FLORIDA the records of the people and events that have shaped the evolution of Florida's court system from the early 1800s, through the 21st Century, EDITOR'S NOTE and beyond. The Society is committed to making The Supreme Court of Florida heard 16 cases related to the 2000 sure people understand the importance of a strong, presidential election over a 36-day period in November and December 2000. independent judiciary in our governmental balance In many of the cases before the Supreme Court of Florida, the presidential of power. The Society's two-fold mission is to (1) candidates were not even parties, even though who would ultimately be elected educate the public about the critically important President of the United States might have been determined by the outcome work of the courts in protecting personal rights of the case. Notwithstanding, "Bush v. Gore" has come to be used to refer to and freedoms, as well as in resolving the myriad of the 2000 election generally. Likewise, we have titled this special edition of the disputes that arise within the state, and (2) preserve Historical Review "Bush v. Gore" because the 2000 election litigation is best the rich history of Florida's judicial system. known by that reference and because the case Bush v. Gore, the last case after it reached the U.S. Supreme Court, essentially determined whether George W. This publication has been sponsored by the members Bush or Al Gore became President. of the Florida Supreme Court Historical Society. Pictures of the crowds outside the Court used throughout this issue were taken by Court staff members Tricia Knox and Gary Robinson. Views espoused in this issue are the views of the authors, not the Society. FLORIDA SUPREME COURT HISTORICAL SOCIETY 3 From the President elcome to the Fall/Winter 2020 issue of Please be on the lookout for updates on the presenting the Florida Supreme Court Historical speaker and the format for the event. We hope that we Society’s Historical Review magazine. can count on you, our valued members, for generous As our state and nation prepare for the support of the Society for this one-of-a-kind virtual W event. upcoming Presidential election, this issue commemorates the 20-year anniversary of Bush v. Gore and Florida’s role The news of Judge Jamie R. Grosshans’ appointment in the 2000 election. We hope you will enjoy the articles to serve as the Court’s 91st justice came this summer and features related to this important time in our nation’s from Governor Ron DeSantis. The Society looks forward history and its potential impact on to welcoming Justice Grosshans and the election to come. celebrating her investiture along A heartfelt thanks to our Historical with the investiture of Justice John Society Trustee and magazine D. Couriel. editor, Melanie Kalmanson, for her Our members may have efforts in compiling this issue of our noticed the Society’s increased magazine from an impressive group presence on social media during of authors. The Society is proud and the pandemic shut down and honored that so many of the living thereafter. The Society’s goal is Justices that served on the bench to share as much information as in 2000—Justices Wells, Harding, possible with our members and the Anstead, Pariente, and Quince— public. Please follow the Society’s have contributed their thoughts and Facebook page at facebook.com/ memories of the historic events FLSupremeCourtHistoricalSociety 20 years ago. You will also read and Twitter at @FlCourtHistory. some surprising insights from As always, the Society looks for Craig Waters, the Court’s Public ways to preserve the Court’s history Information Officer, and Tom Hall, through artifact acquisitions, oral the Court’s Clerk, into how the 2000 histories, and written publications. election changed Florida’s judicial Please contact the Society directly if system forever. you would like to submit an article for consideration or The COVID-19 pandemic has caused each of us to have historical artifacts from the Florida Supreme Court adjust the way our day-to-day life is led and the Court that you would like to donate. has constantly juggled the safety of our state’s citizens As we look forward toward the impending Presidential with the right of access to the courts. We hope that you election and the issues already being raised by the and your loved ones remain safe and healthy during this candidates, perhaps a look back to Bush v. Gore can unprecedented period in our lives. As we all continue to provide some guidance as to what areas and arguments adapt and adjust to life during the COVID-19 pandemic, may help or hinder the result. Please enjoy the magazine. the Society has made the decision to hold its annual event, A Supreme Evening 2021, in a virtual fashion. Sincerely, Jonathan F. Claussen, President FLORIDA SUPREME COURT HISTORICAL SOCIETY 4 HISTORICAL REVIEW FALL / WINTER 2020 FLORIDA LEGAL HISTORY The 2000 Election: A Chaotic Part of Florida’s Past By Lucy Morgan Crowds of media crews and protesters remained outside of the Supreme Court building day and night throughout the Bush v. Gore litigation. Lucy Morgan spent 20 years as Bureau Chief for the Tampa We all know that Bush became president when the fight Bay Times, Florida’s largest newspaper. After partially retiring ended at the U.S. Supreme Court, but many Floridians in 2006, she spent another seven years doing investigative still argue about who actually won the most votes. We are projects for the paper and has since written columns for unlikely to ever answer that question because there was the paper and the Florida Phoenix, an online publication. never a full, official recount of the almost six million votes In 1985 she was the first woman to win a Pulitzer Prize for cast.