
Published online:
01 April 2010
Published in print:
06 April 2006
Online ISBN:
9780199894093
Print ISBN:
9780195306040
Contents
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A Chronology of Events Leading up to the Decision on December 12, 2000 A Chronology of Events Leading up to the Decision on December 12, 2000
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The Briefs and Oral Argument for Bush v. Gore The Briefs and Oral Argument for Bush v. Gore
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The Case for Governor Bush The Case for Governor Bush
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The Case for Vice-President Gore The Case for Vice-President Gore
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The Oral Arguments The Oral Arguments
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The Decision of December 12, 2000 The Decision of December 12, 2000
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The Nature of the Decision The Nature of the Decision
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The Limited Applicability The Limited Applicability
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The Dissents The Dissents
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Justice Stevens’s Dissent Justice Stevens’s Dissent
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Justice Souter’s Dissent Justice Souter’s Dissent
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Justice Ginsburg’s Dissent Justice Ginsburg’s Dissent
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Justice Breyer’s Dissent Justice Breyer’s Dissent
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What Was the Decision-Making Process and Rationale? What Was the Decision-Making Process and Rationale?
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The Reaction The Reaction
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The Criticisms The Criticisms
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The Court Shouldn’t Have Granted Certiorari The Court Shouldn’t Have Granted Certiorari
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The Court Should Have Recognized That Its Own Image Would Suffer If It Became Involved The Court Should Have Recognized That Its Own Image Would Suffer If It Became Involved
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The Basis for the Decision Was Wrong The Basis for the Decision Was Wrong
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The Decision Was Inconsistent with the Court’s Recent Federalism Decisions The Decision Was Inconsistent with the Court’s Recent Federalism Decisions
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Some Justices Should Have Recused Themselves Some Justices Should Have Recused Themselves
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Justice O’Connor Justice O’Connor
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Justice Thomas Justice Thomas
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Justice Scalia Justice Scalia
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Support for the Decision Support for the Decision
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The Need to Resolve the Conflict The Need to Resolve the Conflict
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The Decision by the Florida Supreme Court Exceeded Its Authority The Decision by the Florida Supreme Court Exceeded Its Authority
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Equal Representation Had Not Been Achieved Equal Representation Had Not Been Achieved
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Claims of Loss of Prestige for the Court Claims of Loss of Prestige for the Court
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The Impact of the Decision on Relationships within the Court The Impact of the Decision on Relationships within the Court
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Explaining the Decision Explaining the Decision
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The Legal Model The Legal Model
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The Attitudinal Model The Attitudinal Model
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The Motivated Reasoning Model The Motivated Reasoning Model
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The Rational Choice Model The Rational Choice Model
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Conclusions Conclusions
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Chapter
7 The Bush v. Gore Decision
Get access
Pages
157–176
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Published:April 2006
Cite
Wrightsman, Lawrence S., 'The Bush v. Gore Decision', The Psychology of the Supreme Court, American Psychology-Law Society Series (New York , 2006; online edn, Oxford Academic, 1 Apr. 2010), https://doi.org/10.1093/acprof:oso/9780195306040.003.0007, accessed 12 May 2025.
Abstract
The decision by the Supreme Court in Bush v. Gore will forever be mentioned as one of its most significant. On December 12, 2000, it curtailed the recounting of votes in Florida, meaning that George W. Bush had been elected president. This chapter begins with a chronology of events leading up to the decision. It then summarizes the opinion, describes criticisms and other reactions, and seeks to explain the outcome from the different models of decision-making described earlier in this book.
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