Judging the Supreme Court: Constructions of Motives in Bush v. Gore
by Clarke Rountree
Michigan State University Press, 2007 eISBN: 978-1-60917-093-6 | Cloth: 978-0-87013-809-6 Library of Congress Classification KF5074.2.R68 2007 Dewey Decimal Classification 347.7326
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC | REQUEST ACCESSIBLE FILE
ABOUT THIS BOOK
This volume questions the motives of Supreme Court justices in a landmark case: The Supreme Court's intervention in the presidential election of 2000, and its subsequent decision in favor of George W. Bush, elicited immediate, heated, and widespread debate. Critics argued that the justices used weak legal arguments to overturn the Florida Supreme Court's ruling, ending a ballot recount and awarding the presidency to Bush. More fundamentally, they questioned the motives of conservative judges who arrived at a decision in favor of the candidate who reflected their political leanings. Judging the Supreme Court examines this controversial case and the extensive attention it has received. To fully understand the case, Clarke Rountree argues, we must understand "judicial motives." These are comprised of more than each judge's personal opinions. Judges' motives, which Rountree calls "rhetorical performances," are as influential and publicly discussed as their decisions themselves. Before they are dissected in the media, judges' motives are carefully crafted by the decision- makers themselves, their critics, and their defenders. Justices consider not only the motives of the government, of military officials, of criminals, of public speakers, and of others, they also consider, construct, construe, spin, and deconstruct the motives of dissenters (whom they want to show are "misguided"), earlier courts, lower courts, and, especially, themselves.
Every judicial opinion is essentially a portrait of motives that says, "Here's what we did and here's why we did it." Well-constructed judicial motives reinforce the idea that we live under "the rule of law," while motives articulated less successfully raise questions about the legitimacy not just of individual judicial decisions but also of our political system and its foundation on an impartial judiciary. In Bush v. Gore, Rountree concludes, the judges of the majority opinion were not motivated by judicial concerns about law and justice, but rather by their own political and personal motives.
AUTHOR BIOGRAPHY
Clarke Rountree is Professor of Communication Arts at the University of Alabama, Huntsville. Rountree was awarded the prestigious 2008- 2009 Kohrs-Campbell Prize in Rhetorical Criticism by Michigan State University Press. The Kohrs-Campbell Award is presented with a $10,000 cash prize and a plaque.
REVIEWS
2009 Kohrs-Campbell Prize in Rhetorical Criticism
— 2009 Kohrs-Campbell Prize in Rhetorical Criticism
TABLE OF CONTENTS
Contents
Introduction 000
Chapter 1. Embodying the Myth of American Law: Judicial Motives in American Jurisprudence 000
Chapter 2. The Road to Bush v. Gore 000[*1]
Chapter 3. The United States Supreme Court Decides the Election 000
Chapter 4. The Dissent¿s Reconstruction of Majority Action 000
Chapter 5. Reporters¿ Reconstruction of the Supreme Court¿s Action 000
Chapter 6. Editorials Reconstruct Bush v. Gore 000
Chapter 7. Scholars Reconstruct Bush v. Gore: The Stay Decision 000[*2]
Chapter 8. Scholars Reconstruct Bush v. Gore: Constructions of How the Court Reached Its Decision 000
Chapter 9. Scholars Reconstruct Bush v. Gore: Constructions of Why the Court Reached Its Decision 000
Chapter 10. Scholars Reconstruct Bush v. Gore: Constructions of Who Decided Bush v. Gore and Their Manner or Attitudes 000
Chapter 11. Scholars Reconstruct Bush v. Gore: Constructions of When and Where the Court Reached Its Decision and What It Was Doing
Chapter 12. Scholars Reconstruct Rehnquist¿s Concurring Opinion 000
Chapter 13. Judging the Supreme Court and Its Judges 000
Bibliography 000
Index 000
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Judging the Supreme Court: Constructions of Motives in Bush v. Gore
by Clarke Rountree
Michigan State University Press, 2007 eISBN: 978-1-60917-093-6 Cloth: 978-0-87013-809-6
This volume questions the motives of Supreme Court justices in a landmark case: The Supreme Court's intervention in the presidential election of 2000, and its subsequent decision in favor of George W. Bush, elicited immediate, heated, and widespread debate. Critics argued that the justices used weak legal arguments to overturn the Florida Supreme Court's ruling, ending a ballot recount and awarding the presidency to Bush. More fundamentally, they questioned the motives of conservative judges who arrived at a decision in favor of the candidate who reflected their political leanings. Judging the Supreme Court examines this controversial case and the extensive attention it has received. To fully understand the case, Clarke Rountree argues, we must understand "judicial motives." These are comprised of more than each judge's personal opinions. Judges' motives, which Rountree calls "rhetorical performances," are as influential and publicly discussed as their decisions themselves. Before they are dissected in the media, judges' motives are carefully crafted by the decision- makers themselves, their critics, and their defenders. Justices consider not only the motives of the government, of military officials, of criminals, of public speakers, and of others, they also consider, construct, construe, spin, and deconstruct the motives of dissenters (whom they want to show are "misguided"), earlier courts, lower courts, and, especially, themselves.
Every judicial opinion is essentially a portrait of motives that says, "Here's what we did and here's why we did it." Well-constructed judicial motives reinforce the idea that we live under "the rule of law," while motives articulated less successfully raise questions about the legitimacy not just of individual judicial decisions but also of our political system and its foundation on an impartial judiciary. In Bush v. Gore, Rountree concludes, the judges of the majority opinion were not motivated by judicial concerns about law and justice, but rather by their own political and personal motives.
AUTHOR BIOGRAPHY
Clarke Rountree is Professor of Communication Arts at the University of Alabama, Huntsville. Rountree was awarded the prestigious 2008- 2009 Kohrs-Campbell Prize in Rhetorical Criticism by Michigan State University Press. The Kohrs-Campbell Award is presented with a $10,000 cash prize and a plaque.
REVIEWS
2009 Kohrs-Campbell Prize in Rhetorical Criticism
— 2009 Kohrs-Campbell Prize in Rhetorical Criticism
TABLE OF CONTENTS
Contents
Introduction 000
Chapter 1. Embodying the Myth of American Law: Judicial Motives in American Jurisprudence 000
Chapter 2. The Road to Bush v. Gore 000[*1]
Chapter 3. The United States Supreme Court Decides the Election 000
Chapter 4. The Dissent¿s Reconstruction of Majority Action 000
Chapter 5. Reporters¿ Reconstruction of the Supreme Court¿s Action 000
Chapter 6. Editorials Reconstruct Bush v. Gore 000
Chapter 7. Scholars Reconstruct Bush v. Gore: The Stay Decision 000[*2]
Chapter 8. Scholars Reconstruct Bush v. Gore: Constructions of How the Court Reached Its Decision 000
Chapter 9. Scholars Reconstruct Bush v. Gore: Constructions of Why the Court Reached Its Decision 000
Chapter 10. Scholars Reconstruct Bush v. Gore: Constructions of Who Decided Bush v. Gore and Their Manner or Attitudes 000
Chapter 11. Scholars Reconstruct Bush v. Gore: Constructions of When and Where the Court Reached Its Decision and What It Was Doing
Chapter 12. Scholars Reconstruct Rehnquist¿s Concurring Opinion 000
Chapter 13. Judging the Supreme Court and Its Judges 000
Bibliography 000
Index 000
REQUEST ACCESSIBLE FILE
If you are a student who cannot use this book in printed form, BiblioVault may be able to supply you
with an electronic file for alternative access.
Please have the accessibility coordinator at your school fill out this form.
It can take 2-3 weeks for requests to be filled.
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC | REQUEST ACCESSIBLE FILE