cover image The Votes That Counted: How the Court Decided the 2000 Presidential Election

The Votes That Counted: How the Court Decided the 2000 Presidential Election

Howard Gillman. University of Chicago Press, $27.5 (325pp) ISBN 978-0-226-29407-0

University of Southern California political science professor Gillman (The Constitution Besieged) provides a compact examination followed by careful analysis of the major court actions in the contested aftermath of the 2000 presidential election. His analysis gives equal time to expectations of the moment as well as the longer, more stable perspective of the law, with attention to legal briefs, oral arguments, commentary and final decisions. This close attention to texts of all sides minimizes partisan rationalizations and political spin that filled the media at the time. Each chapter covers a different level of the judicial process, from the first 10 days of initial recount efforts, the first Florida Supreme Court case and the U.S. Supreme Court's intervention to Judge N. Sanders Sauls's trial court, the Florida Supreme Court again and the U.S. Supreme Court's stay and final decision. Significant side suits are covered chronologically, most notably those challenging absentee ballot irregularities and federal cases heard by the 11th Circuit C0urt of Appeals. The final chapter employs a clear, consistent framework to assess the integrity of the judges and justices. Gillman shows that the three unanimous decisions against Gore by the Florida Supreme Court followed established precedent and ruled consistently to include all plausible votes; meanwhile, the U.S. Supreme Court majority's decision emerges from this careful examination as arbitrary, capricious and partisan. Gillman's developmental framework should provide an valuable comparison with more argumentative books. (Oct.)