The Final Arbiter: The Consequences of Bush v. Gore for Law and Politics

Contents

List of Figures and Tables ix Preface xi One Bushed and Gored: A Brief Review of Initial Literature 1 John C. Green Part I. Legal Consequences Two The Politics of Constitutional Choices in Light of Bush v. Gore (2000) 29 Christopher P. Banks Three Bush v. Gore and the Distortion of Common Law Remedies 71 Tracy A. Thomas Four Bush v. Gore and Equal Protection: A Unique Case? 87 Joyce A. Baugh Five Political Equality After Bush v. Gore: A First Amendment Approach to Voting Rights 107 Daniel P. Tokaji Six Bush v. Gore’s Place in the Rehnquist Court’s Federalism Oeuvre 133 Ann Althouse Contents Part II. Political Consequences Seven Governing After Bush v. Gore: The Challenges of Competitive Partisanship 153 Charles O. Jones Eight Who Needs a Mandate? The Election 2000 Hullabaloo and the Bush Administration’s Governing Agenda 171 Brian J. Gerber and David B. Cohen Nine Election 2000 and the Future of Electoral Administration: Gauging the Impact of Bush v. Gore on State-Level Electoral Reform 191 Donald Edward Greco Ten Election 2000 and Its Impact on Campaign Strategy 207 Andrew E. Busch Eleven The Impact of Bush v. Gore and Election 2000 on the Judicial Selection Process 225 John Anthony Maltese Twelve Testing the Limits of Democracy: Pragmatic Legitimacy and the Election of 2000 249 John W. Wells Thirteen Reliving Groundhog Day? The 2004 Presidential Election and the Legacy of Bush v. Gore 263 David B. Cohen and Christopher P. Banks List of Contributors 271 Index 275 THE FINAL ARBITER viii ...