In the Balance
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.
Baker & Taylor
A constitutional law expert 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 Court appointments and the struggle for intellectual dominance of the Court. (This book was previously featured in
Broadly a story about conservatism and liberalism today, it also involves the politics of appointments and the law of constitutional law. Tushnet reminds us that timing is everything--justices reflect the general views of the political parties at the historical moment when they are appointed, e.g.,Anthony Kennedy's Republican Party was not the party of George Bush. He describes the Roberts Court as pro-business contrary to what Roberts revealed at his confirmation hearing about his plan, when he used the metaphor of the umpire. Former law professor Barack Obama once said that ninety-five percent of the cases that come before the court will be disposed of by adherence to legal precedent and rules of statutory or constitutional construction, while disposition of five percent of the cases will be decided in the justice's heart; in other words, the critical ingredient is extralegal. The author describes the structure of constitutional doctrine in order to show how politics dominates law. In seven chapters, he offers the reader an account of the Roberts Court that tries to make sense of the Court's work as part of contemporary politics, and he predicts that the Court will remain balanced between politics and law until new appointees reshape it. This concise and interesting book is for academics and fans of the Supreme Court. Annotation ©2013 Book News, Inc., Portland, OR (booknews.com)
law and politics on the Roberts Court
Making the Roberts Court
The rookie and sophomore years
The court of public opinion, the Supreme Court, and gun rights
Business stooge or umpire? : business cases in the Roberts Court
The Roberts Court
Sticks and stones, lies and insults
Citizens united and campaign finance
From the critics
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