The Final Arbiter

The Consequences of Bush v. Gore for Law and Politics

Edited by Christopher P. Banks, David B. Cohen, and John C. Green

Subjects: Presidency, The, Political Science, Electoral Politics, Constitutional Studies, Law
Series: SUNY series in American Constitutionalism
Paperback : 9780791465363, 296 pages, June 2006
Hardcover : 9780791465356, 296 pages, September 2005

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Table of contents



1. Bushed and Gored: A Brief Review of Initial Literature
John C. Green


2. The Politics of Constitutional Choices in Light of Bush v. Gore (2000)
Christopher P. Banks

3. Bush v. Gore and the Distortion of Common Law Remedies
Tracy A. Thomas

4. Bush v. Gore and Equal Protection: A Unique Case?
Joyce A. Baugh

5. Political Equality after Bush v. Gore: A First Amendment Approach to Voting Rights
Daniel P. Tokaji

6. Bush v. Gore's Place in the Rehnquist Court's Federalism Oeuvre
Ann Althouse


7. Governing after Bush v. Gore: The Challenges of Competitive Partisanship
Charles O. Jones

8. Who Needs a Mandate? The Election 2000 Hullabaloo and the Bush Administration's Governing Agenda
Brian J. Gerber and David B. Cohen

9. Election 2000 and the Future of Electoral Administration: Gauging the Impact of Bush v. Gore on State-Level Electoral Reform
Donald Edward Greco

10. Election 2000 and Its Impact on Campaign Strategy
Andrew E. Busch

11. The Impact of Bush v. Gore and Election 2000 on the Judicial Selection Process
John Anthony Maltese

12. Testing the Limits of Democracy: Pragmatic Legitimacy and the Election of 2000
John W. Wells

13. Reliving Groundhog Day? The 2004 Presidential Election and the Legacy of Bush v. Gore
David B. Cohen and Christopher P. Banks



Combines perspectives from law and the social sciences to assess the long-term impact of the 2000 presidential election.


The resolution of the 2000 presidential election by the U.S. Supreme Court's Bush v. Gore decision generated an extraordinary outpouring of literature in a very short period of time. Now that the initial furor over the decision has subsided, The Final Arbiter presents a sober consideration of the consequences of the decision for the law, the presidency, and the legitimacy of the American political system. The contributors include well-established names in law and political science, as well as up-and-coming scholars, offering a broad understanding of Bush v. Gore's long-term impact. This book will be useful as a classroom text in both survey courses on elections and the courts and for advanced courses that consider the impact of judicial rulings on the government and political process.

At the University of Akron, Christopher P. Banks is Associate Professor of Political Science and author of Judicial Politics in the D.C. Circuit Court; David B. Cohen is Assistant Professor of Political Science and coeditor (with John W. Wells) of American National Security and Civil Liberties in an Era of Terrorism; and John C. Green is Distinguished Professor of Political Science and the editor of numerous books, including The Politics of Ideas: Intellectual Challenges Facing the American Political Parties (coedited with John Kenneth White), also published by SUNY Press.