Morning Wire - Hanging Chads & High Stakes: Revisiting Bush v. Gore 25 Years Later

Episode Date: December 13, 2025

Twenty-five years ago this week, the Supreme Court issued one of the most consequential decisions in American political history: Bush v. Gore, the ruling that ended Florida’s chaotic recount and effectively decided the 2000 presidential election. In this special episode, we speak with Ben Ginsberg, the attorney who led the Bush legal team through the unprecedented 36-day battle. Get the facts first with Morning Wire. Ep. 2535 - - - Wake up with new Morning Wire merch: https://bit.ly/4lIubt3 - - - Today’s Sponsor: American Parents Coalition - Visit https://ParentsNeedPrices.com to learn more. - - - Privacy Policy: https://www.dailywire.com/privacy Learn more about your ad choices. Visit podcastchoices.com/adchoices

This week marked the 25th anniversary of the most consequential election case in American history, the pivotal Bush versus Gore Supreme Court decision. On December 12, 2000, the High Court ended a controversial recount and allowed Florida's certified vote to stand, giving the electoral victory to George W. Bush. In this episode, we speak with the man who headed up the recount legal battle for the Bush campaign to discuss the chaotic weeks between the election and the court's ruling and how the political landscape has changed dramatically since. I'm Daily Wire, Executive Editor John Bickley with Georgia Howe.

This is a weekend edition of Morning Wire. This episode is sponsored by American Parents Coalition. Parents work hard to keep our kids healthy, happy, and safe. This responsibility means being able to plan activities, education, meals, while also planning for life surprises. But when it comes to our child's health, we don't have the prices needed to plan. But thanks to President Trump's Make America Healthy Again agenda, that's changing. His policies requiring hospitals and insurers,

to post real prices up front will help families compare costs, plan ahead, and make the best choices for their children. Because only with prices first can parents truly put their families first. We've waited long enough. Families deserve to know real prices of care because health care price transparency is key to affordability, accountability, and peace of mind for every family. Visit parents needprices.com to learn more. Joining us now on the 25th anniversary of the pivotal Bush v. Gore Supreme Court case is Ben Ginsburg, counsel who represented the Bush campaign in that case. Ben, thank you so much for coming on the show. Thanks so much for having me. So we have this 25th anniversary of a moment I

remember very well. It's stretched on for weeks. The Bush versus Gore crazy election outcome. First, for our listeners' sake, take us back. What was this case all about? Well, the case was all about something nobody ever saw coming, which was a presidential election decided on election night by 1,700 votes out of 6 million casts in an outcome determinative state. I mean, what are the odds? Right, and it stretched on. There were so much buildup, so many camera crews surging down to Florida. How long did this case last again? It was 36 days into this point in December, right from election day. I mean, we scrambled troops on election night and had folks in place bright and early on the Wednesday morning after the election in Tallahassee. There were more than 40 individual

court cases filed up and down to the U.S. Supreme Court twice, up and down to the Florida Supreme Court twice, many federal and state, local courts, district courts, appellate courts involved in the the whole process. We had over 800 people on the ground during that period, and the Gore campaign had a similar number. And what was your particular role? What did you oversee? What were you responsible for in this process? I was National Counsel to the Bush Cheney campaign and had a lot of experience from my work as counsel to the Republican National Committee, Congressional Committee and senatorial committee. So I was sort of in a role of coordinating lawyers, coordinating people in the counting houses, by and large a bridge between legal and what you have to do

non-legally in a recount to make it work. So that sort of odd combination of things that I had done in my previous career just seemed to all coincide with Florida 2000. In relation to the other things that you had done in your career to this point, was this the most complicated season for you? Was there anything that compared to this sort of wild sequence of events? No, absolutely nothing compares to this. It was something that was totally unanticipated. I mean, the day before the election, people stopped calling lawyers, so I took the legal crew in Austin out to lunch at our favorite dive Mexican restaurant, and we started talking about lawyers' fantasies, which is not an oxymoron, by the way. And we said,

arguing a case in the Supreme Court for your candidate after a recount would be the ultimate fantasy. And having done many recounts beforehand, I kind of pounded my fist on the table and said, there'll never be any such thing as a presidential recount. just too many odd events. So that gives you a flavor for how unique we all, the situation we all found ourselves in. So what was the legal strategy like for this? How did you and your team prepare? And what was your goals? Well, I think preparation is a kind word for what happens in a situation like this. We had all the laws from Florida pulled as we did for all the states in the country. there are certain procedures that you go through for any recount. But because this was such a

small number of votes in just one outcome determinative state, there really was no playbook for it. And I think that, you know, I've talked to the folks who were working for the Gore campaign, and nobody had a real plan and idea how this would unfold. There just was no precedent for it. But we were ahead in the count on election night, in the automatic recount after the election, in all the tabulations. So our belief was that you only have to win an election in America by 50% plus one so that we had won. And we believed that the counts were valid. The Gora campaign as, I think, the side behind wants to sort of stretch the rule. a little bit to allow more ballots in because that's the way a candidate who's behind might win a recount.

So in Florida, the infamous punch card ballots existed. And on every punch card machine is an instruction that says for your vote to account, you have to punch it all the way through. And so we've thought that our job was to uphold that fashion, that state. in Florida law, and to, once the recounts were ordered and started to point out all the variations in the way similarly counted ballots were being counted. Were you concerned about fraud, cheating shenanigans even legally during the process? How much did that play into how you handled this situation? We had a pretty good idea of the voter rolls, and there were no complaints about the accuracy of the voter rolls.

We were much more concerned about very subjective, politically based judgments on the counting of ballots that might be deemed questionable. I mean, the Democrats, when they came in after the election, asked for the recounting of ballots in only four counties, and they were there. four best counties in the state. And recount lawyers have sort of an article of fate that says good gets better and bad gets worse. So we thought from the beginning that their notion of count all the votes really meant count only the votes that were for their candidate. So our real concern was similar ballots being counted differently depending on if they went for Governor Bush Al Gore, and those counts were being made by partisan officials in those four counties. So I don't know how you want to put a general rubric on that, but that concern of disparate

treatment was really what we worried about the most. And remind us, how did it turn out? You said 1,700 votes were the initial difference. Where did it end up? It ended up at 537 votes when it was all set and done and certified and the slate of elector sent to the archivist in Washington for the electoral college count. All right, so a little more than 1,000 votes redirected or dismissed or something. Do you agree with that final outcome? Do you think that through the process we actually got a fairer count or was it less fair?

No, I think we got a fair and more accurate count. There often is some movement when you do recounts and contests, all of which are prescribed under Florida law. But we believe that that count was accurate. And in fact, you know, there were a score of media recounts in the year after the election, really all of which confirmed the accuracy of Governor Bush being elected President Bush. Amazing. So sort of stepping back and looking at all this, how has this case shaped procedures around elections since that ruling? Has it affected other presidential elections? Well, I'm not sure you would say it's directly affected other presidential elections, but I think it's affected all elections in some ways. And I think it was, this is true whenever you do a recount, but especially a presidential recount under that brightest spotlight. But when you kick open the hood of our election system, you see that it's a little bit creaky. It produces accurate results.

But there were improvements that were made following Florida. For example, punch card ballots aren't used anymore. So there was an upgrade in equipment. Congress passed something called the Help America Vote Act in 2002 that provided a great deal of funding. that led to an upgrade in all the equipment that's used. So that was an improvement. I think that there have been a lot of amendments to state recount and contest laws since then because of the problems that were shown.

I mean, basically, I think up until that point, all state recount laws were really geared towards much more local races. the state legislative and even congressional races that take place with greater frequency. And so the procedures and checks really weren't in place for a statewide recount, especially one under that kind of scrutiny. So lots of states, with Florida really leading the way, improved their basic recount laws. And then there had been an sort of an ongoing series of commissions about once a decade that's taken a look at the system of voting and the way we do that and incremental improvements have been made in a country that made a policy decision 250 years ago

to have elections on the very local level. And so we have somewhere between 8 and 10,000 separate jurisdictions where ballots are cast and counted. And that's great in that it's your neighbors who are running your elections, but it's not surprising to know that there are inconsistencies among 8 to 10,000 of anything. And so you have sort of built-in equal protection problems that were raised in Florida that are still prevalent today, even if the impact has been improved over the years. A final question. Given the landscape now, this sort of weaponization of the government accusations we see from both sides, do you think if we had to... a similar situation like that now that it would play out differently? You said you feel some things

are more secure electorally, but what about from the political and legal perspective? I think it would be very, very different today. And as torturous as contentious as those 36 days were in 2000, I think we had it pretty easy by comparison of what it would be like today. I mean, look, Al Gore, after all the votes were counted, gave an extraordinary. ordinarily gracious and conciliating concession speech. That is not part of the program today in many races, not in a way that's been better. I think that today, given just the different ways we communicate, it would be totally different. I mean, imagine the impact of social media and the Internet on this process,

including cameras and cell phones, that there would be individual pictures, taken of every ballot and blasted around the internet, questioning those judgments at the moment. I mean, what you can do now in terms of deep face and artificial intelligence would lead to distortions. There are far more media outlets, as I know you know. And so the common set of facts that might be prevalent to bring a country together after a contentious recount or much less present. So I think it would be a completely different situation today. And I hope we don't have to face it.

Well, let's hope not. Thank you so much for joining us a total delight to talk to you. Thank you very much. Great to be here. That was Ben Ginsburg, speaking of the Bush v. Gore Supreme Court case. And this has been a weekend edition of Morning Wire.