Shameless Plug -- Fall Book on Judicial Politics During Presidential Election Dispute

[Howard Gillman]

Dear Colleagues:

In case you are making decisions about fall books I wanted to let you know about a book of mine that will be published by the University of Chicago Press this September.

It's called THE VOTES THAT COUNTED:  HOW THE COURT DECIDED THE 2000 PRESIDENTIAL ELECTION.  It's an analysis of judicial politics during the presidential election dispute, with particular attention to the U.S. Supreme Court.  It provides a very thorough summary of the day-by-day events of the dispute (more comprehensive than the Washington Post or NY Times books) and an overview of the ongoing commentary provided by the press and the academic community (more comprehensive than the Dionne/Kristol book).  However, the focus of the discussion is an analysis of the legal and political influences on courts.

I have tried to make sure that the legal analysis is informed by all the best work that is coming out on the controversy (thanks to the cooperation of lots of people on this list) and the political analysis is informed by the best work in judicial decision-making, Supreme Court politics, and constitutional history.

Below please find a draft of the catalogue copy and an overview of the table of contents.  Thanks for considering it!

Howard
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THE VOTES THAT COUNTED:  HOW THE COURT DECIDED THE 2000 PRESIDENTIAL ELECTION

Howard Gillman
University of Chicago Press
Forthcoming September 2001
(ISBN 0226-294072)
$27.50 cloth, 310 pages (approx.)
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 well courts coped with the competing expectations for impartial justice and favorable partisan 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.

TABLE OF CONTENTS

Preface

Acknowledgments

Chronology of Events

introduction
Courts and the Political Challenge of Election 2000

chapter one
Who Won?:
The Election Goes to Court

chapter two
Changing the Rules?:
The Florida Supreme Court, Round One

chapter three
A Shot Across the Bow:
The United States Supreme Court’s Unprecedented Intervention

chapter four
Gore’s Last Chance:
Returning to the Florida Supreme Court

chapter five
The Dam Breaks:
Five Justices Pick a President

conclusion
The Politics Behind the Votes that Counted

Notes

Table of Cases

Appendices

Appendix A
Provisions of the U.S. Constitution
Relating to the Election 2000 Litigation

Appendix B
Provisions of Federal Statutory Law
Relating to the Election 2000 Litigation

Appendix C
Provisions of Florida Election Law
Relating to the Election 2000 Litigation

Appendix D
Highlights of Major Cases in the
2000 Presidential Election Dispute

Bibliography of Academic Sources

Index
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