The Lawyers’ Role in Selecting the President: A Complete Legal History of the 2000 Election

This Article presents the factual and legal history of Bush v. Gore,2 9 in the detail that is warranted for a case of this magnitude and complexity. Part One sets forth the legal framework within which the case unfolded, acquainting the reader with the breadth of Florida and federal law that governed the controversy. Part Two reviews what happened- the factual and legal developments from the time Gore requested manual counts in four Florida counties through the Supreme Court's decision ending the statewide recount the Florida Supreme Court had ordered-and focuses on the attorneys' arguments at each stage. Part Three then explores how a fuller and more accu- rate presentation of the applicable law, particularly by Gore's legal team, might have brought the controversy to a different end.

With any luck, the partisan outrage will be replaced with responsible analysis, and the profession will be reminded of what trial lawyers both love and fear about their work. In litigated cases, there are usually two closely matched sides, and "justice" frequently turns on which lawyer better handles the case he or she is given.