The Vote: Bush, Gore, and the Supreme Court, edited by Cass R. Sunstein and Richard A. Epstein

The Florida electoral controversy and the subsequent decisions by the Florida courts and the U.S. Supreme Court left citizens and scholars alike divided over the role of the judiciary in the electoral arena. Now, after a few months of reflection, leading constitutional scholars—Cass R. Sunstein, Richard A. Epstein, Pamela S. Karlan, Richard A. Posner, and John Yoo, among others—weigh in on the Court's actions, which seem sensible, legally legitimate, and pragmatically defensible to some and an egregious abuse of power to others. Representing the full spectrum of views and arguments, these authors offer the most timely and considered guide to the ultimate consequences and significance of the Supreme Court's actions.


Read The Vote online now!   You can get immediate online access to one of the most important books on the 2000 election controversy. Order your copy of The Vote now to read the online electronic draft edition and to participate in our online forum for reader responses. The book will be shipped to you by surface delivery.

Leading constitutional scholars render their verdicts on the 2000 election controversy

The Vote: Bush, Gore, and the Supreme Court, edited by Cass R. Sunstein and Richard A. Epstein

Now available as an online book


Table of Contents            —Read two free chapters—

Introduction: Of Law and Politics by Cass R. Sunstein

  1. "In Such Manner as the Legislature Thereof May Direct": The Outcome in Bush v Gore Defended by Richard A. Epstein

  2. Leaving the Decision to Congress by Elizabeth Garrett

  3. Political Judgments by Samuel Issacharoff

  4. The Newest Equal Protection: Regressive Doctrine on a Changeable Court by Pamela S. Karlan

  5. Two-and-a-Half Cheers for Bush v Gore by Michael W. McConnell

  6. Suspicion, or the New Prince by Frank I. Michelman

  7. Democracy and Disorder by Richard H. Pildes

  8. Bush v Gore: Prolegomenon to an Assessment by Richard A. Posner

  9. Bush v Gore: What Were They Thinking? by David A. Strauss

  10. Order without Law by Cass R. Sunstein

  11. In Defense of the Court's Legitimacy by John Yoo

Afterword: Whither Electoral Reforms in the Wake of Bush v Gore by Richard A. Epstein


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