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"Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the...
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President Obama made his feelings known on the 2012 Supreme Court Affordable Care Act ruling, citing "judicial activism" and "those who would overturn" the health care reform law. Some say he's gone too far. NewsHour correspondent Jeffrey Brown discusses the historical tug-of-war between the president and the Court with Georgetown Law's Louis Michael Seidman and Randy Barnett. Origina?
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In this concise, timely book, constitutional law expert Stephen M. Feldman draws on neoconservative writings to explore the rise of the neocons and their influence on the Supreme Court. Neocons burst onto the political scene in the early 1980s via their assault on pluralist democracy's ethical relativism, where no pre-existing or higher principles limit the agendas of interest groups. Instead, they advocated for a resurrection of republican democracy,...
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Franck challenges three propositions central to current debates about the supreme Court's role in American life: that the Court has the final word in interpreting the Constitution above competing views from other government branches; that it may legitimately initiate actions to correct political or social dysfunctions left uncorrected by those branches; and that constitutional decisions may be grounded in natural law or a "higher law" located beyond...
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The U.S. Supreme Court is the quintessential example of a court that expanded its agenda into policy areas that were once reserved for legislatures. Yet scholars know very little about what causes attention to various policy areas to ebb and flow on the Supreme Court's agenda. Vanessa A. Baird's Answering the Call of the Court: How Justices and Litigants Set the Supreme Court Agenda represents the first scholarly attempt to connect justices' priorities,...
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As the leading legal voice of the American conservative movement, Supreme Court Justice Antonin Scalia has challenged the assumptions and legal methodology of American liberals. In this thorough and exacting study of the development of Justice Scalia's legal principles, political scientist Richard Brisbin explores the foundation and elaboration of the justice's conservative political vision.
Scalia's jurisprudence, Brisbin contends, values order...
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'Justice vs. Law realistically, sophisticatedly, comprehensively, and engagingly addresses the trauma of the judicial process: the innate contradiction of courts of law playing a major political role in America's government. Ably and imaginatively analyzed by the two authors, it is a role that raises the fundamental question of whether the judicial quest is to be for 'equal justice under law' or 'justice at any cost.' -Henry J. Abraham.
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"In Right Wing Justice, Herman Schwartz reveals how successive Republican administrations and right wing think tanks have devised a strategy to "pack" the Supreme Court and lower courts with reactionary judges who are more identified with their ideological affiliation than their regard for the Constitution. The result?
The rights of ordinary Americans are being eroded as Supreme Court rulings on abortion, school prayer, affirmative action, worker...
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