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This fact brief was originally published as an experiment to test the concepts behind fact briefs.

Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

FACT BRIEF

Were four current Supreme Court justices involved in the 2000 presidential election dispute?

Tuesday, September 21, 2021

By Austin Tannenbaum

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YES

Justices John Roberts, Brett Kavanaugh, and Amy Coney Barrett all assisted George W. Bush’s legal team in the dispute over the 2000 presidential election results. A fourth colleague, Justice Clarence Thomas, who joined the Supreme Court majority halting a recount, was appointed by George H. W. Bush in 1991.

Roberts flew to Florida and advised Bush’s brother Jeb, then the state’s governor, during the dispute. President Bush nominated Roberts as Chief Justice in 2005.

Kavanaugh offered legal counsel, arguing for “the arbitrary, standardless nature of the recount process in Florida.” Bush hired Kavanaugh to work in the White House and later appointed him to the U.S. Court of Appeals. Trump elevated him to the Supreme Court in 2018.

Barrett, before being confirmed to the court in 2020, told the Senate that she “provided research and briefing assistance” to Bush’s law firm for about a week “at the outset of the litigation.”

This fact brief is responsive to conversations such as this one.

Sources

C-SPAN Clarence Thomas Supreme Court nomination announcement (July 1, 1991)

Los Angeles Times Confirmation path may run through Florida

CNN Here’s what Brett Kavanaugh said on CNN about Bush v. Gore in 2000

National Law Journal Amy Coney Barrett would be third justice who touched 'Bush v. Gore' litigation

US Senate Judiciary Committee Amy Coney Barrett nominee questionnaire (see Q. 18, p. 28)

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Gigafact

Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.

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About fact briefs published on Gigafact

Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.