The Votes That Counted

The struggle over the outcome of the 2000 presidential election inspired countless books, most of them hasty political critiques. However, with this book, Howard Gillman had different aims from the beginning: to create a lasting, authoritative document of the 36 days between the election and its legal resolution, to offer an accessible overview of the legal strategies and debates, and to assess the influence of politics and law on the judges who shaped the outcome of this historical controversy.

Howard Gillman is an associate professor of political science 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 the editor (with Cornell Clayton) of Supreme Court Decision-Making, also published by the University of Chicago Press.

Preface

xi

Acknowledgments

xiii

Chronology of Events

xvii

Introduction Courts and the Political Challenge of Election 2000

1

(16)

Who Won? The Election Goes to Court

17

(32)

Changing the Rules? The Florida Supreme Court, Round One

49

(24)

A Shot across the Bow: The U.S. Supreme Court Enters the Fray

73

(24)

Gore's Last Chance: The Florida Supreme Court, Round Two

97

(26)

The Dam Breaks: Five Justices Pick a President

123

(49)

The Politics behind the Votes That Counted

172

(51)

APPENDIXES

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

207

(2)

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

209

(3)

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

212

(5)

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

217

(6)

Notes

223

(50)

Selected Bibliography

273

(8)

Table of Cases

281

(4)

Index

285

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The Votes That Counted

Summary

Author Biography

Table of Contents

Supplemental Materials