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on May 1, 2013
As an attorney, the US Supreme Court's decision in Bush vs. Gore has rankled me since it was handed down in 2000. I learned a lot of "inside baseball" by reading this well written book.

The book confirms that this was essentially the Republican justices outvoting their Democratic counterparts on a question of interpreting Florida law, which should never have gotten beyond the Florida Supreme Court. Jeffrey Toobin reports that former clerks for conservative Justices encouraged friends in the Bush campaign to take the state law case all the way to the US Supreme Court. Then the conservative Justices acted with unseemly haste by jumping into this dispute before it was anywhere near ripe for consideration at the US Supreme Court's level.

Toobin's book is based mostly on information about the Gore legal team's strategy and approach, with much less about the Bush side. Toobin's bias seeps out in his consistent criticism of the poor fight that Gore himself put up. Despite receiving more ballots in his favor, based on the fairly obvious intent of the disputed votes, Gore was finally declared the loser of an election that he probably won. It's as if Gore let down Toobin as well as that narrow majority of voters who voted for Gore.

The perspective of the intervening 13 years until now shows that our country is even more polarized than the Justices who decided this crucial election based mainly on politics. As a lawyer, I had hoped that Justices at the US Supreme Court level would rule based on the facts and law presented to them, regardless of the political affiliation of the parties making the arguments. To render a 5-4 decision based on convoluted reasoning still makes this election difficult to stomach years later.
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on August 14, 2016
I'm old enough to remember the 2000 election but, at the time, I didn't follow the aftermath too closely (I was interested, but not interested enough to immerse myself in it). However, since then I went to college, got degrees in political science and history, so this sort of thing is now in my wheelhouse. I don't say that to brag, I'm just trying to provide a little context/perspective so you know why I would be interested in reading this book. It isn't for everyone, admittedly. It's pretty involved and detail-oriented, but to tell this story properly, it needs to be.

I have to give Jeffrey Toobin a ton (seriously, like a metric ton) of credit for taking on this mammoth project. Oof. The amount of material he must have consumed to be able to write this book had to have been absolutely overwhelming. Hats off to him. I like Toobin a lot (he's a writer and a commentator who also wrote the book on OJ the docu-series was based on) and this book didn't change that opinion. He definitely did a good job making this story one you could understand (and follow). That's not to say it's an easy, breezy read, because it certainly is not. It's a complex story with lots of actors and events to keep track of. But it's a story that, from my point of view, people should know. Interestingly, some of the players are still actively part of the political process today (think Ted Cruz).

Why does Bush v. Gore matter? Partly because it had an undermining effect on the election process, considering the role of the courts as well as the complicated relationships involving some of the parties involved in this case. The Supreme Court chose to end the recount, on a somewhat shaky legal argument, and did so by a 5-4 vote. So, basically, the 2000 election was decided because of the vote of one Supreme Court justice (it's often misstated that the Supreme Court "chose" the winner, which it did not. Its decision stopped the counting of votes in FL, which resulted in Bush being declared the winner.). Because the 5 majority votes were votes of the "conservative" justices, the decision is widely viewed as political, and as an (undesirable) example of judicial activism vs. judicial conservatism. But, let's not get into the nuts and bolts of Bush v. Gore. I don't want to ruin it for you.

I think every political junkie should read this book. It's fascinating, frustrating and, for some, it might even be maddening. This was truly a bizarre moment in U.S. politics, and it's odd that an event which determined the outcome of a presidential election is not more widely known/understood.
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on July 4, 2015
I know the story but there were far more details here I learned. It brought back the entire incredulousness and anger of the Supreme Court hearing the case rather forcing a real recount. Maybe Bush would still have won but the Supreme Court has NO authority to appoint a President. God, look what Bush did to our nation - disasters on every level.
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on November 22, 2016
A detailed account of all the twists and turns of the 2000 Bush-Gore election--a neat pairing with Trump-Clinton. Toobin's reporting gives us good insights into the peculiarities of our election system, whatever we may do about it. His books are usually good reading. They're for fans of politics, concise and punchy.
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on June 9, 2002
I wish that the kind of dispassionate, clear and concise reporting Toobin demonstrates in this book had been available during the Florida Fiasco. For example, it would have been nice to know that campaign spin such as "the votes have been counted and recounted" was a patent fabrication. Come to find out (to my astonishment) the vast majority of counties never did the statute-mandatory MACHINE recount.
Even if you thought you followed the story closely, and knew the facts, you must read this book slowly and carefully. There is a myriad of detail, just absorbing the chain of events and courses of action that eluded many of us at the time.
It often seems we have descended into a belligerent partisan nation, which neither engages in thoughtful discourse, nor seems the least bit interested in gathering verifiable facts and then engaging in reasonable, respectful discussion. If we were, this book would be the inspiration for a nationwide effort to ensure that voters across the nation are given every opportunity to vote in elections that are fair, balanced and provide equal access to the system for everyone. We would be engaged in discussion regarding the role the courts played, the place of the electoral college and whether reform is needed.
Unfortuntely, we won't be doing that. The winners and the losers are more interested in tearing each other apart, whatever the consequences. While we are down in the partisan trenches hating our fellow Americans for their political beliefs, those who profit from our division, the corporatrocities that control the world, the religious fanatics who want to displace them so they can control it, in fact all those with evil intent are taking away our right to decide what is best for ourselves. They are also taking our love for each other as citizens of the nation, and of the world. So a large number of the reviews here will be grounded in whether Toobin "hurt" the readers petty partisan beliefs or not, irrespective of the facts and issues.
The clarity and precision of Toobin's work should be a beacon to all those who write about history. Honesty, a thorough understanding of his subject and dispassionate view of events are his greatest gifts as a writer. He is improving with each book; would there would be no further events of this kind to inspire him to write another.
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on August 22, 2008
To understand what happened in Florida in the Gore and Bush contest for the presidency, one must read this book. For the first time, I understood the whole chad issue and was intrigued by the misuse of the judicial system in Florida during the period of challenge. While the author has some disdain for what he would see as the spinelessness of the Democratic actions, and he doesn't care for the New York Times editorializing during the recount, these biases are clear and unabashed. The telling of the story, though, reminds us how important it is to understand the difficulties of voting in this country and how flawed our democracy is, at least in that one state. With the subsequent misuse of the court system at the end of the Schiavo case in the same state, this book helps make clear why fark.com has a separate "Florida" tag for some of the world's most bizarre news.
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on March 18, 2014
Great book by a great author. Provides deep insight into both the intricacies of the laws
controlling appellate courts, the politics inside the courts, and the personalities and
quirks of our supreme court justices. Of interest to anyone concerned about the
direction taken by the supreme court and the dangers to our society and democracy
from a court dominated by unprincipled ideologues. Toobin is a masterful guide to
the law and its workings.
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on November 13, 2012
I enjoyed the book a lot. It brought back many memories of that period when we were all holding our breath to see who would win. I was rooting for Gore. Particularly for readers with a legal background, it's fascinating to find out what led to the Supreme Court arriving at their decision. It was especially interesting to read this just prior to the 2012 election as I was concerned the same thing might happen (thankfully, it didn't!).
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on March 25, 2002
Toobin offers a well-written, informative, and very entertaining account of the 36-day long post-election debacle. As a political science major and a senior at the University of California, I've chosen to write my honor's thesis on the political rituals, symbolism, and rhetoric evoke by the two camps during these 36-days. This being the case, I've had to read just about every book, important journal article, and major newspaper story concerning the events, strategies, and significance of this political fiasco. I found "Too Close To Call" to be clear, easy to read, witty, and well organized -- as one would expect from a staff writer of The New Yorker. As for those who complain that Toobin favors the political left -- he's a law school friend of Ron Klain and Jack Corrigan; was research assistant to Lawrence Tribe; and friend/Client of David Boies (p. 285) -- he probably does. However, Toobin sets out to explain how the strategies and "orientations" of both candidates contributed to their respective successes and failures, and this he does brilliantly. Further, I have yet to see an unbiased account of the 2000 post-election. The journalists, and sadly even the academics, that you expect to find on the political right, are there just as sure-idly as are those on the left. That said Toobin does a surprisingly good job of staying near the middle of the road -- where you're only suppose to find dead skunks (Baker).
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on December 31, 2011
This book is a fact-based analysis of the 2000 presidential election. It helps us understand why, as Toobin puts it at the end, the outcome was "a crime against democracy." The analysis makes the reader wonder, "What would prevent it from happening again?" Thus, since the answer is uncertain and the 2012 election is approaching, the book is still quite relevant.
--John L. Hodge, author
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