Justices, Presidents, and Senators

Justices, Presidents, and Senators
Title Justices, Presidents, and Senators PDF eBook
Author Henry Julian Abraham
Publisher Rowman & Littlefield
Pages 492
Release 2008
Genre History
ISBN 9780742558953

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Explains how United States presidents select justices for the Supreme Court, evaluates the performance of each justice, and examines the influence of politics on their selection.

Justice on the Brink

Justice on the Brink
Title Justice on the Brink PDF eBook
Author Linda Greenhouse
Publisher Random House Trade Paperbacks
Pages 353
Release 2022-10-04
Genre Political Science
ISBN 0593447948

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The gripping story of the Supreme Court’s transformation from a measured institution of law and justice into a highly politicized body dominated by a right-wing supermajority, told through the dramatic lens of its most transformative year, by the Pulitzer Prize–winning law columnist for The New York Times—with a new preface by the author “A dazzling feat . . . meaty, often scintillating and sometimes scary . . . Greenhouse is a virtuoso of SCOTUS analysis.”—The Washington Post In Justice on the Brink, legendary journalist Linda Greenhouse gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect. In a page-turning narrative, she recounts the twelve months when the court turned its back on its legacy and traditions, abandoning any effort to stay above and separate from politics. With remarkable clarity and deep institutional knowledge, Greenhouse shows the seeds being planted for the court’s eventual overturning of Roe v. Wade, expansion of access to guns, and unprecedented elevation of religious rights in American society. Both a chronicle and a requiem, Justice on the Brink depicts the struggle for the soul of the Supreme Court, and points to the future that awaits all of us.

Justice Takes a Recess

Justice Takes a Recess
Title Justice Takes a Recess PDF eBook
Author Scott E. Graves
Publisher Lexington Books
Pages 134
Release 2009
Genre Law
ISBN 9780739126615

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The Constitution allows the president to "fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." In Justice Takes a Recess, Scott E. Graves and Robert M. Howard address how presidents have used recess appointments over time and whether the independence of judicial recess appointees is compromised. They argue that these appointments can upset the separation of powers envisioned by the Framers, shifting power away from one branch of government and toward another. Examining every judicial recess appointment from 1789 to 2005, the authors discover that presidents are conditionally strategic when they unilaterally appoint federal judges during Senate recesses. Such appointments were made cautiously for most of the twentieth century, leading to a virtual moratorium for several decades, until three recent recess appointments to the courts in the face of Senate obstruction revived the controversy. These appointments suggest the beginning of a more assertive use of recess appointments in the increasingly politicized activity of staffing the federal courts. The authors argue that the recess appointment clause, as it pertains to the judiciary, is no longer necessary or desirable. The strategic use of such appointments by strong presidents to shift judicial ideology, combined with the lack of independence exhibited by judicial recess appointments, results in recess power that threatens constitutional features of the judicial branch.

Supreme Court Appointment Process

Supreme Court Appointment Process
Title Supreme Court Appointment Process PDF eBook
Author Denis S. Rutkus
Publisher DIANE Publishing
Pages 63
Release 2010-08
Genre Law
ISBN 1437931790

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Contents: (1) Pres. Selection of a Nominee: Senate Advice; Advice from Other Sources; Criteria for Selecting a Nominee; Background Invest.; Recess Appoint. to the Court; (2) Consid. by the Senate Judiciary Comm.: Background: Senators Nominated to the Court; Open Hear.; Nominee Appear. at Confirm. Hear.; Comm. Involvement in Appoint. Process; Pre-Hearing Stage; Hearings; Reporting the Nomin.; (3) Senate Debate and Confirm. Vote; Bringing Nomin. to the Floor; Evaluate Nominees; Filibusters and Motions to End Debate; Voice Votes, Roll Calls, and Vote Margins; Reconsid. of the Confirm. Vote; Nomin. That Failed to be Confirmed; Judiciary Comm. to Further Examine the Nomin.; After Senate Confirm.

Ideas with Consequences

Ideas with Consequences
Title Ideas with Consequences PDF eBook
Author Amanda Hollis-Brusky
Publisher Studies in Postwar American Po
Pages 265
Release 2015
Genre Law
ISBN 0199385521

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Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level.

The Next Justice

The Next Justice
Title The Next Justice PDF eBook
Author Christopher L. Eisgruber
Publisher Princeton University Press
Pages 255
Release 2009-06-07
Genre Law
ISBN 0691143528

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He describes a new and better manner of deliberating about who should serve on the Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates."

The Judicial Tug of War

The Judicial Tug of War
Title The Judicial Tug of War PDF eBook
Author Adam Bonica
Publisher Cambridge University Press
Pages 335
Release 2020-12-17
Genre Law
ISBN 1108841368

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Presents a novel theory explaining how and why politicians and lawyers politicise courts.