The Agenda

The Agenda
Author: Ian Millhiser
Publisher:
Total Pages:
Release: 2021-03-30
Genre: Law
ISBN: 9781734420760

From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States. Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right--its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Supreme Myths

Supreme Myths
Author: Eric J. Segall
Publisher: Bloomsbury Publishing USA
Total Pages: 281
Release: 2012-02-22
Genre: Political Science
ISBN:

This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." 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 Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.

The Supreme Court Compendium

The Supreme Court Compendium
Author: Lee Epstein
Publisher: CQ-Roll Call Group Books
Total Pages: 768
Release: 1996
Genre: Constitutional Law
ISBN:

"The Supreme Court Compendium: Data, Decisions, and Developments is a comprehensive collection of information on the Court and the justices -- past and present. The authors have enriched the second edition not only by adding current information to the tables now include data from the Vinson Court era drawn from the newly expanded U.S. Supreme Court Judicial Database. The second edition also features a list of Internet sites relating to the Court." -- Back cover.

First Among Equals

First Among Equals
Author: Kenneth W. Starr
Publisher: Grand Central Publishing
Total Pages: 224
Release: 2008-12-14
Genre: Law
ISBN: 0446554162

Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In First Among Equals Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, First Among Equals sheds new light on the most frequently misunderstood legal pillar of American life.

Democracy and Equality

Democracy and Equality
Author: Geoffrey R. Stone
Publisher: Oxford University Press, USA
Total Pages: 241
Release: 2020-01-06
Genre: LAW
ISBN: 019093820X

From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.

A Representative Supreme Court?

A Representative Supreme Court?
Author: Barbara Perry
Publisher: Praeger
Total Pages: 0
Release: 1991-08-30
Genre: Law
ISBN: 031327777X

Barbara Perry's A representative Supreme Court? focuses on the appointment of 15 of the 105 Justices (8 Catholics, 5 Jews, one black and one woman) to serve on the Supreme Court between 1789 and 1990: Roger Taney, Edward White, Joseph McKenna, Pierce Butler, Louis Brandeis, Benjamin Cardozo, Felix Frankfurter, Frank Murphy, William Brennan, Arthur Goldberg, Abe Fortas, Thurgood Marshall, Sandra Day O'Connor, Antonin Scalia, and Anthony Kennedy. After an opening chapter laying out the conceptual framework that underlies Perry's investigation of the representative nature of the Supreme Court, the book presents a detailed examination of the circumstances surrounding the nomination and confirmation of each justice. Perry's analysis of the historical record shows that race and gender were important considerations in the appointments of Marshall and O'Connor. The evidence on religion as a factor in the appointment process is mixed. For some nominees their religion played no consequential role in the deliberations of the president who chose them. For others, religion was an important if not the primary reason for their selection to the high court. Often unrecognized, Perry identifies concern with these representational criteria of religion, race, and gender as a distinctively 20th century phenomenon. While Perry's suggestion that representation narrowly defined is relevant to court nominations, her more persuasive argument deals with the relevance of court nominations to presidential politics. She draws a link between the political coming of age of Catholics, Jews, blacks and women and the degree to which presidents have considered these representational characteristics of potential nominees. Representation is seen as a political reward. In some cases, the reward is paid for past support. In other situations, the reward is offered in anticipation of or to secure future support. Having answered the question of whether representative factors such as religion, race and gender played a role in the selection of Supreme Court Justices, Perry ventures further to address the issue of whether such factors SHOULD play a role. In confronting this normative question she finds herself skating on thin ice. The book turns on a specific definition of representation. Perry's definition warrants discussion for it both refines and limits her thesis. Following Pitkin and Mosher, Perry concentrates on "descriptive" or "passive" representation which is "concerned with who the representative is or what he or she is like rather than what he or she does" (10). Indeed Perry argues forcefully in Chapter 6 that the court should be representative in this sense. But what is the value of descriptive representation? Descriptive representation may assist the court in establishing legitimacy of its decisions. Yet was it important to have a black representative on the court to get blacks to accept decision Brown v. Board of Education? Did having a Catholic member of the court make Roe v. Wade more acceptable to Catholics? Will having three Catholics on the court help legitimate the overturning of Roe v. Wade? Did having a man pen the Roe decision make it more palatable to men and will having a woman vote to overturn Roe make women more willing to accept such a decision? What other possible effects of minority group representation exist? Perhaps these individuals are role models for current or future generations. Consider the words of Whitney M. Young, Jr. on the appointment of Thurgood Marshall to the Supreme Court: Page 127 follows: This is an event of tremendous significance for Negro citizens. It is an example of the heights which are open to kids in the ghetto....His appointment is proof that, whatever the obstacles, Negroes can fight their way to the top. (101) Yet no evidence is presented to suggest that Black Americans have found Thurgood Marshall to be a role model. Similarly, there is no evidence that Catholic, Jewish, or female Americans have drawn on the models presented by the likes of William Brennan, Abe Fortas and Sandra Day O'Connor. Combined with the assertion that descriptive representation has not led to substantive representation, it is hard to see the point of an emphasis of descriptive representation on the High Court at all. In many ways, the principal findings here (despite the author's claims) are not about descriptive representation but about the extent of interest representation on the Supreme Court. For those who worry about the policy agendas of Supreme Court justices, Perry's work implies that such worries are overblown -- at least with respect to minorities advancing positions that might be attributed to the groups they represent. Unfortunately, Perry's work predates the Thomas nomination of 1992. It would add to the single case study of Thurgood Marshall in assessing the notion of a Black seat on the Court. Writing prior to the Thomas nomination, Perry anticipates his promotion: Clarence Thomas, a conservative black member of the U.S. Court of Appeals..., reportedly made the short list of four candidates when Bush was considering a replacement for Justice Brennan... (106) Perry argues that the best alternative for Bush would be "to nominate a well-qualified, moderately conservative black, whose race might blunt ideological attacks as Justice O'Connor's gender and Justice Scalia's ethnic heritage arguably did." (106) Bush may well have attempted to follow such advice in nominating Thomas to succeed Marshall. The strategy was barely successful. There are evidentiary concerns. In attempting to demonstrate the importance of these representational factors, Perry ignores systematic comparisons between the eventual nominee and the "competition", those other individuals who were considered by the president and rejected in favor of the nominee. How can readers assess if race, religion or gender played a decisive role, one that put a particular nominee "over the top" in Perry's words, if we do not know what the competition looked like? One frustrating aspect of the book is its limited focus on the Supreme Court. This is simply a bias of the reviewer. Assessment of the descriptive representation of the Supreme Court is but a small step in the examination of representation in American courts. Most descriptive representation in our nation's courts exists at lower levels of the federal courts and on the state benches. Perry concludes by reminding the reader that arguments pitting merit versus representation as criteria for Supreme Court appointments are both simplistic and often inaccurate. It is possible for a candidate to satisfy both concerns. Presidents rarely look for representative candidates that lack merit although they may often consider meritorious candidates without taking representation of group interests into account (and certainly some presidents have appeared to offer candidates satisfying neither criteria). Neither ideology nor representation necessarily detract from merit. A candidate, particularly a successful one, is likely to satisfy a variety of criteria. Ideological compatibility, merit, AND representational qualifications combine to make a nominee that will be successful. Similarly, I would not overlook the merits of this work despite the weaknesses noted. The systematic historical Page 128 follows: presentation of nomination politics will be welcome. It is a step toward further study of the role of minorities in the American courts.

The Case Against the Supreme Court

The Case Against the Supreme Court
Author: Erwin Chemerinsky
Publisher: Penguin Books
Total Pages: 402
Release: 2015-09-29
Genre: History
ISBN: 0143128000

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

Dissenting Opinions of Justice Antonin Scalia

Dissenting Opinions of Justice Antonin Scalia
Author: Antonin Scalia
Publisher: Talbot Publishing
Total Pages: 554
Release: 2018
Genre: Law
ISBN: 9781616195731

Introduction : why dissent? / Caleb Stegall -- Constitutional structure -- The judicial power -- Statutory interpretation -- The power of the police -- Speech -- Religion -- Social regulation