The Votes that Counted – How the Court Decided the 2000 Presidential Election - Hardcover

Gillman, Howard

Hardcover

ISBN 10: 0226294072 ISBN 13: 9780226294070

Publisher: University of Chicago Press, 2001

Synopsis

The dramatic struggle over the outcome of the 2000 presidential election presented judges with an extraordinary political challenge, as well as with a historic political temptation. This book offers a critical assessment of how well the courts coped with the competing expectations for impartial justice and favourable partisan results. The book documents how the participants, the press, the academic community, and the public responded during these tension-filled 36 days. The author also provides an overview of the legal strategies and debates - from briefs and oral arguments to final decisions. However, in explaining the behaviour of the courts, he moves beyond an analysis of law to take into account the influences of partisanship, judicial ideology, and broader political and historical contexts. The book pays special attention to the judges whose behaviour generated the most controversy - the battling justices of the Florida and United States Supreme Courts. After reviewing the arguments for and aginst their decisions, it concludes that the five justices behind the "Bush versus Gore" decision acted outside what should be considered the acceptable boundaries of judicial power. The book ends with an analysis of why the justices chose such an unprecedented course of action and an assessment of whether their partisan intervention will have any lasting effect on the Supreme Court's reputation and authority.

About this title

About the Author

Howard Gillman is a professor of political science and law at the University of Southern California. He is the author of The Constitution Besieged, winner of the Pritchett Award for best book in public law, and editor (with Cornell Clayton) of Supreme Court Decision-Making, also published by the University of Chicago Press.

From the Back Cover

The dramatic struggle over the outcome of the 2000 presidential election presented judges with an extraordinary political challenge as well as a historic political temptation. In The Votes That Counted Howard Gillman offers a comprehensive yet critical assessment of how courts coped with the competing expectations for impartial justice and favorable results.

Lively and authoritative, the book documents how the participants, the press, the academic community, and the public responded during these tension-filled thirty-six days. Gillman also provides a serious yet accessible overview of the legal strategies and debates-from briefs and oral arguments to final decisions. However, in explaining the behavior of courts, he moves beyond an analysis of law to also take into account the influences of partisanship, judicial ideology, and broader political and historical contexts.

Appropriately, Gillman pays special attention to the judges whose behavior generated the most controversy-the battling justices of the Florida and United States Supreme Courts. After carefully reviewing the arguments for and against their decisions, he concludes that the five justices behind the Bush v. Gore decision acted outside what should be considered the acceptable boundaries of judicial power. Gillman ends with an analysis of why they chose such an unprecedented course of action and an assessment of whether their partisan intervention will have any lasting effect on the Supreme Court's reputation and authority.

From the Inside Flap

The dramatic struggle over the outcome of the 2000 presidential election presented judges with an extraordinary political challenge as well as a historic political temptation. InThe Votes That Counted Howard Gillman offers a comprehensive yet critical assessment of how courts coped with the competing expectations for impartial justice and favorable results.

Lively and authoritative, the book documents how the participants, the press, the academic community, and the public responded during these tension-filled thirty-six days. Gillman also provides a serious yet accessible overview of the legal strategies and debates-from briefs and oral arguments to final decisions. However, in explaining the behavior of courts, he moves beyond an analysis of law to also take into account the influences of partisanship, judicial ideology, and broader political and historical contexts.

Appropriately, Gillman pays special attention to the judges whose behavior generated the most controversy-the battling justices of the Florida and United States Supreme Courts. After carefully reviewing the arguments for and against their decisions, he concludes that the five justices behind the Bush v. Gore decision acted outside what should be considered the acceptable boundaries of judicial power. Gillman ends with an analysis of why they chose such an unprecedented course of action and an assessment of whether their partisan intervention will have any lasting effect on the Supreme Court's reputation and authority.

Edition details

• Publisher: University of Chicago Press
• Publication date: 2001
• Language: English
• ISBN 10: 0226294072
• ISBN 13: 9780226294070
• Binding: Hardcover
• Edition number: 1
• Number of pages: 324