The Partisan Court

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Author :
Publisher : Rowman & Littlefield
ISBN 13 : 1793611343
Total Pages : 113 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis The Partisan Court by : Ryan J. Rebe

Download or read book The Partisan Court written by Ryan J. Rebe and published by Rowman & Littlefield. This book was released on 2021-10-11 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Era of Political Partisanship on the U.S. Supreme Court challenges conventional notions of consensus-building and neutral decision-making on the U.S. Supreme Court and argues that the justices vote their partisan preferences on election law cases. By focusing specifically on election law, Rebe reveals a consistent pattern of partisanship on the Court. The findings controvert popular perceptions of non-biased decision-making and fundamental fairness. The aggregate analysis shows that the justices vote along party-lines in a majority of election law cases, and consensus-building is rare when there is a contentious electoral issue at stake. Moreover, these decisions often conflict with principles of stare decisis, originalism, or judicial restraint. The topics covered include: gerrymandering, campaign finance, voter ID laws, and mail-in voting, among others. Rebe also conducts a content analysis of the most controversial election law cases of the past twenty years, such as: Vieth v. Jubelirer, Crawford v. Marion County, Citizens United v. FEC, and Shelby County v. Holder. This book provides a thorough overview of two decades of election law cases and sheds light on the impact these decisions have had on remaking America’s electoral institutions.

The Partisan

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Author :
Publisher : Public Affairs
ISBN 13 : 1586488872
Total Pages : 370 pages
Book Rating : 4.5/5 (864 download)

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Book Synopsis The Partisan by : John A. Jenkins

Download or read book The Partisan written by John A. Jenkins and published by Public Affairs. This book was released on 2012-10-02 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Follows Rehnquist's career as a young lawyer in Arizona through his journey to Washington though the Warren and Burger courts to his twenty-year tenure as a Supreme Court Chief Justice who favored government power over individual rights.

Supremely Partisan

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Publisher : Rowman & Littlefield
ISBN 13 : 1442266376
Total Pages : 314 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis Supremely Partisan by : James D. Zirin

Download or read book Supremely Partisan written by James D. Zirin and published by Rowman & Littlefield. This book was released on 2016-09-15 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the eve of a presidential election that may determine the makeup of Supreme Court justices for decades to come, prominent attorney James D. Zirin argues that the Court has become increasingly partisan, rapidly making policy choices right and left on bases that have nothing to do with law or the Constitution. Zirin explains how we arrived at the present situation and looks at the current divide through its leading partisans, Justices Ruth Bader Ginsburg and Sonia Sotomayor on the left and Antonin Scalia and Clarence Thomas on the right. He also examines four of the Court’s most controversial recent decisions – Hobby Lobby, Obamacare, gay marriage, and capital punishment – arguing that these politicized decisions threaten to undermine public confidence in the Supreme Court.

Curbing the Court

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107188415
Total Pages : 321 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Curbing the Court by : Brandon L. Bartels

Download or read book Curbing the Court written by Brandon L. Bartels and published by Cambridge University Press. This book was released on 2020-08-20 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.

The Company They Keep

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Publisher : Oxford University Press
ISBN 13 : 0190278072
Total Pages : 240 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Company They Keep by : Neal Devins

Download or read book The Company They Keep written by Neal Devins and published by Oxford University Press. This book was released on 2019-01-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are Supreme Court justices swayed by the political environment that surrounds them? Most people think "yes," and they point to the influence of the general public and the other branches of government on the Court. It is not that simple, however. As the eminent law and politics scholars Neal Devins and Lawrence Baum show in The Company They Keep, justices today are reacting far more to subtle social forces in their own elite legal world than to pressure from the other branches of government or mass public opinion. In particular, the authors draw from social psychology research to show why Justices are apt to follow the lead of the elite social networks that they are a part of. The evidence is strong: Justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and professional elites. In an era of strong partisan polarization, elite social networks are largely bifurcated by partisan and ideological loyalties, and the Justices reflect that division. The result is a Court in which the Justices' ideological stances reflect the dominant views in the appointing president's party. Justices such as Clarence Thomas and Ruth Bader Ginsburg live largely in a milieu populated by like-minded elites. Today's partisanship on the Court also stems from the emergence of conservative legal networks such as the Federalist Society, that reinforce the conservative leanings of Republican appointees. For the Warren and Burger Courts, elite social networks were dominated by liberal elites and not divided by political party or ideology. A fascinating examination of the factors that shape decision-making, The Company They Keep will reshape our understanding of how political polarization occurs on the contemporary Supreme Court.

The Company They Keep

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190278064
Total Pages : 240 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Company They Keep by : Neal Devins

Download or read book The Company They Keep written by Neal Devins and published by Oxford University Press. This book was released on 2019-01-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are Supreme Court justices swayed by the political environment that surrounds them? Most people think "yes," and they point to the influence of the general public and the other branches of government on the Court. It is not that simple, however. As the eminent law and politics scholars Neal Devins and Lawrence Baum show in The Company They Keep, justices today are reacting far more to subtle social forces in their own elite legal world than to pressure from the other branches of government or mass public opinion. In particular, the authors draw from social psychology research to show why Justices are apt to follow the lead of the elite social networks that they are a part of. The evidence is strong: Justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and professional elites. In an era of strong partisan polarization, elite social networks are largely bifurcated by partisan and ideological loyalties, and the Justices reflect that division. The result is a Court in which the Justices' ideological stances reflect the dominant views in the appointing president's party. Justices such as Clarence Thomas and Ruth Bader Ginsburg live largely in a milieu populated by like-minded elites. Today's partisanship on the Court also stems from the emergence of conservative legal networks such as the Federalist Society, that reinforce the conservative leanings of Republican appointees. For the Warren and Burger Courts, elite social networks were dominated by liberal elites and not divided by political party or ideology. A fascinating examination of the factors that shape decision-making, The Company They Keep will reshape our understanding of how political polarization occurs on the contemporary Supreme Court.

Partisan Supremacy

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Author :
Publisher : University Press of Kansas
ISBN 13 : 0700630198
Total Pages : 376 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Partisan Supremacy by : Terri Jennings Peretti

Download or read book Partisan Supremacy written by Terri Jennings Peretti and published by University Press of Kansas. This book was released on 2020-11-20 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: “I have no agenda,” US Supreme Court Chief Justice John Roberts proclaimed at his Senate confirmation hearing: “My job is to call balls and strikes and not to pitch or bat.” This declaration was in keeping with the avowed independence of the judiciary. It also, when viewed through the lens of Roberts’s election law decisions, appears to be false. With a scrupulous reading of judicial decisions and a careful assessment of partisan causes and consequences, Terri Jennings Peretti tells the story of the GOP’s largely successful campaign to enlist judicial aid for its self-interested election reform agenda. Partisan Supremacy explores four contemporary election law issues—voter identification, gerrymandering, campaign finance, and the preclearance regime of the Voting Rights Act—to uncover whether Republican politicians and Republican judges have collaborated to tilt America’s election rules in the GOP’s favor. Considering cases from Shelby County v. Holder, which enfeebled the Voting Rights Act, to Crawford v. Marion County Election Board, which upheld restrictive voter identification laws, to Citizens United and McCutcheon, which loosened campaign finance restrictions, Peretti lays bare the reality of “friendly” judicial review and partisan supremacy when it comes to election law. She nonetheless finds a mixed verdict in the redistricting area that reveals the limits of partisan control over judicial decisions. Peretti’s book helpfully places the current GOP’s voter suppression campaign in historical context by acknowledging similar efforts by the postCivil War Democratic Party. While the modern Democratic Party seeks electoral advantage by expanding voting by America’s minorities and youth, arguably hewing closer to democratic principles, neither party is immune to the powerful incentive to bend election rules in its favor. In view of the evidence that Partisan Supremacy brings to light, we are left with a critical and pressing question: Can democracy survive in the face of partisan collaboration across the branches of government on critical election issues?

The Partisan Spirit

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Author :
Publisher : UNC Press Books
ISBN 13 : 0807839639
Total Pages : 336 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis The Partisan Spirit by : Patricia Watlington

Download or read book The Partisan Spirit written by Patricia Watlington and published by UNC Press Books. This book was released on 2018-10-25 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although historians have assumed previously that early Kentucky was a one-party area, Watlington has discovered that there were actually three active parties--the partisan," "court," and "country." From the land-grant maze following the 1779 migration, through a brief Tory movement and even James Wilkinson's intrigue for a Spanish connection, she traces the parties' development and their struggle for power in the vigorous world of postrevolutionary Kentucky politics." Originally published in 1974. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Justices on the Ballot

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Publisher : Cambridge University Press
ISBN 13 : 9781107462991
Total Pages : 0 pages
Book Rating : 4.4/5 (629 download)

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Book Synopsis Justices on the Ballot by : Herbert M. Kritzer

Download or read book Justices on the Ballot written by Herbert M. Kritzer and published by Cambridge University Press. This book was released on 2019-10-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justices on the Ballot addresses two central questions in the study of judicial elections: How have state supreme court elections changed since World War II? And, what effects have those changes had on election outcomes, state supreme court decisions, and the public's view of the courts? To answer these questions, Herbert M. Kritzer takes the broadest scope of any study to date, investigating every state supreme court election between 1946 and 2013. Through an analysis of voting returns, campaign contributions and expenditures, television advertising, and illustrative case studies, he shows that elections have become less politicized than commonly believed. Rather, the changes that have occurred reflect broader trends in American politics, as well as increased involvement of state supreme courts in hot-button issues.

My Grandfather's Son

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Publisher : HarperCollins
ISBN 13 : 0063235927
Total Pages : 308 pages
Book Rating : 4.0/5 (632 download)

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Book Synopsis My Grandfather's Son by : Clarence Thomas

Download or read book My Grandfather's Son written by Clarence Thomas and published by HarperCollins. This book was released on 2021-10-12 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provocative, inspiring, and unflinchingly honest, My Grandfather's Son is the story of one of America's most remarkable and controversial leaders, Supreme Court Justice Clarence Thomas, told in his own words. Thomas speaks out, revealing the pieces of his life he holds dear, detailing the suffering and injustices he has overcome, including the polarizing Senate hearing involving a former aide, Anita Hill, and the depression and despair it created in his own life and the lives of those closest to him. In this candid and deeply moving memoir, a quintessential American tale of hardship and grit, Clarence Thomas recounts his astonishing journey for the first time.

The Authority of the Court and the Peril of Politics

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Publisher : Harvard University Press
ISBN 13 : 0674269365
Total Pages : 113 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Authority of the Court and the Peril of Politics by : Stephen Breyer

Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

Confirmation Bias

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Publisher : HarperCollins
ISBN 13 : 006304059X
Total Pages : 374 pages
Book Rating : 4.0/5 (63 download)

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Book Synopsis Confirmation Bias by : Carl Hulse

Download or read book Confirmation Bias written by Carl Hulse and published by HarperCollins. This book was released on 2020-06-16 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chief Washington Correspondent for the New York Times presents a richly detailed, news-breaking, and conversation-changing look at the unprecedented political fight to fill the Supreme Court seat made vacant by Antonin Scalia’s death—using it to explain the paralyzing and all but irreversible dysfunction across all three branches in the nation’s capital. The embodiment of American conservative thought and jurisprudence, Antonin Scalia cast an expansive shadow over the Supreme Court for three decades. His unexpected death in February 2016 created a vacancy that precipitated a pitched political fight. That battle would not only change the tilt of the court, but the course of American history. It would help decide a presidential election, fundamentally alter longstanding protocols of the United States Senate, and transform the Supreme Court—which has long held itself as a neutral arbiter above politics—into another branch of the federal government riven by partisanship. In an unprecedented move, the Republican-controlled Senate, led by majority leader, Mitch McConnell, refused to give Democratic President Barak Obama’s nominee, Merrick Garland, a confirmation hearing. Not one Republican in the Senate would meet with him. Scalia’s seat would be held open until Donald Trump’s nominee, Neil M. Gorsuch, was confirmed in April 2017. Carl Hulse has spent more than thirty years covering the machinations of the beltway. In Out of Order he tells the story of this history-making battle to control the Supreme Court through exclusive interviews with McConnell, Harry Reid, Chuck Schumer, and other top officials, Trump campaign operatives, court activists, and legal scholars, as well as never-before-reported details and developments. Richly textured and deeply informative, Out of Order provides much-needed context, revisiting the judicial wars of the past two decades to show how those conflicts have led to our current polarization. He examines the politicization of the federal bench and the implications for public confidence in the courts, and takes us behind the scenes to explore how many long-held democratic norms and entrenched, bipartisan procedures have been erased across all three branches of government.

Supreme Disorder

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Publisher : Simon and Schuster
ISBN 13 : 1684510724
Total Pages : 256 pages
Book Rating : 4.6/5 (845 download)

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Book Synopsis Supreme Disorder by : Ilya Shapiro

Download or read book Supreme Disorder written by Ilya Shapiro and published by Simon and Schuster. This book was released on 2020-09-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.

In Defense of Judicial Elections

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Author :
Publisher : Routledge
ISBN 13 : 1135852685
Total Pages : 248 pages
Book Rating : 4.1/5 (358 download)

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Book Synopsis In Defense of Judicial Elections by : Chris W. Bonneau

Download or read book In Defense of Judicial Elections written by Chris W. Bonneau and published by Routledge. This book was released on 2009-06-02 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most contentious issues in politics today is the propriety of electing judges. Ought judges be independent of democratic processes in obtaining and retaining their seats, or should they be subject to the approval of the electorate and the processes that accompany popular control? While this debate is interesting and often quite heated, it usually occurs without reference to empirical facts--or at least accurate ones. Also, empirical scholars to date have refused to take a position on the normative issues surrounding the practice. Bonneau and Hall offer a fresh new approach. Using almost two decades of data on state supreme court elections, Bonneau and Hall argue that opponents of judicial elections have made—and continue to make—erroneous empirical claims. They show that judicial elections are efficacious mechanisms that enhance the quality of democracy and create an inextricable link between citizens and the judiciary. In so doing, they pioneer the use of empirical data to shed light on these normative questions and offer a coherent defense of judicial elections. This provocative book is essential reading for anyone interested in the politics of judicial selection, law and politics, or the electoral process. Part of the Controversies in Electoral Democracy and Representation series edited by Matthew J. Streb.

The Supreme Court And Partisan Realignment

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Author :
Publisher : Westview Press
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Supreme Court And Partisan Realignment by : John B Gates

Download or read book The Supreme Court And Partisan Realignment written by John B Gates and published by Westview Press. This book was released on 1992-02-09 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Partisan Justice

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Author :
Publisher : Hill & Wang
ISBN 13 : 9780809075478
Total Pages : 134 pages
Book Rating : 4.0/5 (754 download)

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Book Synopsis Partisan Justice by : Marvin E. Frankel

Download or read book Partisan Justice written by Marvin E. Frankel and published by Hill & Wang. This book was released on 1980-01-01 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Nixon's Court

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Author :
Publisher : University of Chicago Press
ISBN 13 : 0226561216
Total Pages : 358 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Nixon's Court by : Kevin J. McMahon

Download or read book Nixon's Court written by Kevin J. McMahon and published by University of Chicago Press. This book was released on 2011-09-19 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.