front cover of Judging the Supreme Court
Judging the Supreme Court
Constructions of Motives in Bush v. Gore
Clarke Rountree
Michigan State University Press, 2007

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.

[more]

front cover of National Rhetorics in the Syrian Immigration Crisis
National Rhetorics in the Syrian Immigration Crisis
Victims, Frauds, and Floods
Clarke Rountree
Michigan State University Press, 2019
The Syrian refugee crisis seriously challenged countries in the Middle East, Europe, the United States, and elsewhere in the world. It provoked reactions from humanitarian generosity to anti-immigrant warnings of the destruction of the West. It contributed to the United Kingdom’s “Brexit” from the European Union and the election of Donald Trump as president of the United States. This book is a unique study of rhetorical responses to the crisis through a comparative approach that analyzes the discourses of leading political figures in ten countries, including gateway, destination, and tertiary countries for immigration, such as Turkey, several European countries, and the United States. These national discourses constructed the crisis and its refugees so as to welcome or shun them, in turn shaping the character and identity of the receiving countries, for both domestic and international audiences, as more or less humanitarian, nationalist, Muslim-friendly, Christian, and so forth. This book is essential reading for scholars wishing to understand how European and other countries responded to this crisis, discursively constructing refugees, themselves, and an emerging world order.
[more]

logo for University of Alabama Press
Overturned
The Rhetoric of Overruling in the United States Supreme Court
Clarke Rountree
University of Alabama Press, 2025
A timely and lively summary and analysis of the Supreme Court’s justifications for overruling nearly 300 prior rulings in its history
[more]


Send via email Share on Facebook Share on Twitter