Today in Presidential History: Bush Wins! Edition

12.13.2000: Bush Wins! 36 days later.

Shameless self-promotion: “The Presidency and the Supreme Court After Bush v. Gore: Implications for Institutional Legitimacy and Effectiveness” by Yates and Whitford (Stanford Law & Policy Review, 2002).

In this article we assess the ramifications of the Court’s decision in Bush v. Gore for the legitimacy and effectiveness of the Presidency and the Court. In Part I, we briefly explore how the Court came to help determine the outcome of the election, and reflect on several short-term political effects of the decision. In Part II, we examine the political institutions of the Supreme Court and the presidency in light of the Bush v. Gore decision. In Part III, we briefly discuss the theoretical link between institutional legitimacy and effectiveness and examine the impact of Bush v. Gore on public perceptions of institutions’ legitimacy. In Part IV, we reconsider the potential consequences of the decision for the Court and the presidency. We conclude that while the decision may have had important short-term effects for both the Court and the President, these institutions’ long-term credibility will remain intact.