In The Balance Law And Politics On The Roberts Court

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In the Balance: Law and Politics on the Roberts Court

Mark Tushnet
In the Balance Law and Politics on the Roberts Court Book PDF

Author : Mark Tushnet
Publisher : W. W. Norton & Company
Page : 352 pages
File Size : 50,6 Mb
Release : 2013-09-30
Category : Law
ISBN : 9780393241433

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In the Balance: Law and Politics on the Roberts Court by Mark Tushnet Pdf

An examination of the initial years of the Roberts Court and the intellectual battle between Roberts and Kagan for leadership. When John Roberts was appointed chief justice of the Supreme Court, he said he would act as an umpire. Instead, his Court is reshaping legal precedent through decisions unmistakably—though not always predictably—determined by politics as much as by law, on a Court almost perfectly politically divided. Harvard Law School professor and constitutional law expert Mark Tushnet clarifies the lines of conflict and what is at stake on the Supreme Court as it hangs “in the balance” between its conservatives and its liberals. Clear and deeply knowledgeable on both points of law and the Court’s key players, Tushnet offers a nuanced and surprising examination of the initial years of the Roberts Court. Covering the legal philosophies that have informed decisions on major cases such as the Affordable Care Act, the political structures behind Court appointments, and the face-off between John Roberts and Elena Kagan for intellectual dominance of the Court, In the Balance is a must-read for anyone looking for fresh insight into the Court’s impact on the everyday lives of Americans.

Uncertain Justice

Laurence Tribe,Joshua Matz
Uncertain Justice Book PDF

Author : Laurence Tribe,Joshua Matz
Publisher : Henry Holt and Company
Page : 416 pages
File Size : 53,8 Mb
Release : 2014-06-03
Category : Political Science
ISBN : 9780805099133

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Uncertain Justice by Laurence Tribe,Joshua Matz Pdf

With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.

In the Balance: Law and Politics on the Roberts Court

Mark Tushnet
In the Balance Law and Politics on the Roberts Court Book PDF

Author : Mark Tushnet
Publisher : W. W. Norton & Company
Page : 345 pages
File Size : 48,7 Mb
Release : 2013-09-30
Category : Biography & Autobiography
ISBN : 9780393073447

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In the Balance: Law and Politics on the Roberts Court by Mark Tushnet Pdf

Examines the initial years of the Roberts Court, covering the legal philosophies that have informed decisions on such major cases as the Affordable Care Act, the political structures behind appointments, and the struggle for dominance of the Court.

The Roberts Court

Marcia Coyle
The Roberts Court Book PDF

Author : Marcia Coyle
Publisher : Simon and Schuster
Page : 416 pages
File Size : 42,9 Mb
Release : 2013-05-07
Category : Political Science
ISBN : 9781451627534

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The Roberts Court by Marcia Coyle Pdf

The Roberts Court, seven years old, sits at the center of a constitutional maelstrom. Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr. Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.

Taking Back the Constitution

Mark Tushnet
Taking Back the Constitution Book PDF

Author : Mark Tushnet
Publisher : Yale University Press
Page : 320 pages
File Size : 52,7 Mb
Release : 2020-07-14
Category : Law
ISBN : 9780300252903

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Taking Back the Constitution by Mark Tushnet Pdf

How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.

The New Roberts Court, Donald Trump, and Our Failing Constitution

Stephen M. Feldman
The New Roberts Court Donald Trump and Our Failing Constitution Book PDF

Author : Stephen M. Feldman
Publisher : Springer
Page : 274 pages
File Size : 50,7 Mb
Release : 2017-07-04
Category : Political Science
ISBN : 9783319564517

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The New Roberts Court, Donald Trump, and Our Failing Constitution by Stephen M. Feldman Pdf

This book traces the evolution of the constitutional order, explaining Donald Trump’s election as a symptom of a degraded democratic-capitalist system. Beginning with the framers’ vision of a balanced system—balanced between the public and private spheres, between government power and individual rights—the constitutional order evolved over two centuries until it reached its present stage, Democracy, Inc., in which corporations and billionaires wield herculean political power. The five conservative justices of the early Roberts Court, including the late Antonin Scalia, stamped Democracy, Inc., with a constitutional imprimatur, contravening the framers’ vision while simultaneously claiming to follow the Constitution’s original meaning. The justices believed they were upholding the American way of life, but they instead placed our democratic-capitalist system in its gravest danger since World War II. With Neil Gorsuch replacing Scalia, the new Court must choose: Will it follow the early Roberts Court in approving and bolstering Democracy, Inc., or will it restore the crucial balance between the public and private spheres in our constitutional system?

A Court Divided: The Rehnquist Court and the Future of Constitutional Law

Mark Tushnet
A Court Divided The Rehnquist Court and the Future of Constitutional Law Book PDF

Author : Mark Tushnet
Publisher : W. W. Norton & Company
Page : 385 pages
File Size : 40,5 Mb
Release : 2005-11-17
Category : Law
ISBN : 9780393077513

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A Court Divided: The Rehnquist Court and the Future of Constitutional Law by Mark Tushnet Pdf

"An incisive consideration of the Supremes, offering erudite yet accessible clues to legal thinking on the most important level."--Kirkus Reviews In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

Business and the Roberts Court

Jonathan H. Adler
Business and the Roberts Court Book PDF

Author : Jonathan H. Adler
Publisher : Oxford University Press
Page : 353 pages
File Size : 41,5 Mb
Release : 2016
Category : Law
ISBN : 9780199859344

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Business and the Roberts Court by Jonathan H. Adler Pdf

Is the Roberts Court 'pro-business'? If so, what does this mean for the law and the American people? 'Business and the Roberts Court' provides a critical analysis of the Court's business-related jurisprudence, combining a series of empirical and doctrinal analyses of how the Roberts Court has treated business and business law.

Law and Legitimacy in the Supreme Court

Richard H. Fallon
Law and Legitimacy in the Supreme Court Book PDF

Author : Richard H. Fallon
Publisher : Harvard University Press
Page : 237 pages
File Size : 46,5 Mb
Release : 2018-02-19
Category : Law
ISBN : 9780674975811

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Law and Legitimacy in the Supreme Court by Richard H. Fallon Pdf

Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

The Chief

Joan Biskupic
The Chief Book PDF

Author : Joan Biskupic
Publisher : Basic Books
Page : 415 pages
File Size : 47,6 Mb
Release : 2019-03-26
Category : Biography & Autobiography
ISBN : 9780465093281

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The Chief by Joan Biskupic Pdf

An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.

The Burger Court and the Rise of the Judicial Right

Michael J. Graetz,Linda Greenhouse
The Burger Court and the Rise of the Judicial Right Book PDF

Author : Michael J. Graetz,Linda Greenhouse
Publisher : Simon and Schuster
Page : 480 pages
File Size : 55,6 Mb
Release : 2017-06-06
Category : History
ISBN : 9781476732510

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The Burger Court and the Rise of the Judicial Right by Michael J. Graetz,Linda Greenhouse Pdf

The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.

The Constrained Court

Michael A. Bailey,Forrest Maltzman
The Constrained Court Book PDF

Author : Michael A. Bailey,Forrest Maltzman
Publisher : Princeton University Press
Page : 216 pages
File Size : 48,6 Mb
Release : 2011-08-22
Category : Law
ISBN : 9781400840267

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The Constrained Court by Michael A. Bailey,Forrest Maltzman Pdf

How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.

American Justice 2019

Mark Joseph Stern
American Justice 2019 Book PDF

Author : Mark Joseph Stern
Publisher : University of Pennsylvania Press
Page : 194 pages
File Size : 45,5 Mb
Release : 2019-10-04
Category : Law
ISBN : 9780812296839

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American Justice 2019 by Mark Joseph Stern Pdf

Following the retirement of Justice Anthony Kennedy and the controversial confirmation of Justice Brett Kavanaugh, the Supreme Court plunged into a contentious term that featured divisive cases involving abortion, immigration, capital punishment, and voting rights on the court's docket. In American Justice 2019, Mark Joseph Stern examines the term's most controversial opinions and highlights the consequences of Chief Justice John Roberts stepping into a new role as the court's swing vote. No longer bound by Kennedy's erratic moderation, Roberts has begun doling out victories to both Democrats and Republicans, albeit with a clear rightward tilt. Early in the term, Roberts delivered a public rebuke to Trump's attacks on the judiciary, foreshadowing his refusal to tolerate some of the president's most extreme contortions of the law. Stern tracks the chief justice's evolution from staunch conservative to part-time centrist. Along the way, he details the term's blockbusters and surprises, including an unlikely alliance between Justices Neil Gorsuch and Sonia Sotomayor on criminal justice, and an especially radical ruling on the death penalty that overturned decades of precedent. Stern's account depicts a court sharply divided over its role in American democracy, with the man at its center striving to stay above the political fray without abandoning his conservative instincts.

Managed Speech

Gregory P. Magarian
Managed Speech Book PDF

Author : Gregory P. Magarian
Publisher : Oxford University Press
Page : 304 pages
File Size : 42,7 Mb
Release : 2017-03-07
Category : Law
ISBN : 9780190466817

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Managed Speech by Gregory P. Magarian Pdf

Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.

Repugnant Laws

Keith E. Whittington
Repugnant Laws Book PDF

Author : Keith E. Whittington
Publisher : University Press of Kansas
Page : 432 pages
File Size : 54,8 Mb
Release : 2020-05-18
Category : Political Science
ISBN : 9780700630363

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Repugnant Laws by Keith E. Whittington Pdf

When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.