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.

In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.

The first Earth Day in 1970 marked environmentalism’s coming-of-age in the United States. More than four decades later, does the green movement remain a transformative force in American life? Presenting a new account from a legal perspective, Environment in the Balance interprets a wide range of U.S. Supreme Court decisions, along with social science research and the literature of the movement, to gauge the practical and cultural impact of environmentalism and its future prospects. Jonathan Z. Cannon demonstrates that from the 1960s onward, the Court’s rulings on such legal issues as federalism, landowners’ rights, standing, and the scope of regulatory authority have reflected deep-seated cultural differences brought out by the mass movement to protect the environment. In the early years, environmentalists won some important victories, such as the Supreme Court’s 1973 decision allowing them to sue against barriers to recycling. But over time the Court has become more skeptical of their claims and more solicitous of values embodied in private property rights, technological mastery and economic growth, and limited government. Today, facing the looming threat of global warming, environmentalists struggle to break through a cultural stalemate that threatens their goals. Cannon describes the current ferment in the movement, and chronicles efforts to broaden its cultural appeal while staying connected to its historical roots, and to ideas of nature that have been the source of its distinctive energy and purpose.

Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.

“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.

Praise for the previous edition: "...concise, well-written entries...Schultz's accessible work will be of use to both undergraduates and the general public; recommended for all academic and public libraries."—Library Journal "...achieves the goal of presenting a serious overview of the Supreme Court."—Booklist "At its reasonable price this title should be found in every American library, public as well as academic. It should also be purchased by every high school library, no matter how small the school body may be."—American Reference Books Annual From the structure of the Supreme Court to its proceedings, this comprehensive encyclopedia presents the cornerstone of the American justice system. Featuring more than 600 A-to-Z entries—written by leading academics and lawyers—Encyclopedia of the Supreme Court, Second Edition offers a thorough review of critical cases, issues, biographies, and topics important to understanding the Supreme Court. Entries include: Abortion Capital punishment Citizens United v. Federal Election Commission Double jeopardy employment discrimination Federalism Masterpiece Cakeshop v. Colorado Civil Rights Commission Obergefell v. Hodges police use of force public health and the U.S. Constitution Thurgood Marshall Title IX and schools United States v. Nixon Earl Warren Wiretapping

The Supreme Court A to Z offers accessible information about the Supreme Court, including its history, traditions, organization, dynamics, and personalities. The entries in The Supreme Court A to Z are arranged alphabetically and are extensively cross-referenced to related information. This volume also has a detailed index, reference materials on Supreme Court nominations, a seat chart of the justices, the U.S. Constitution, online sources of decisions, and a bibliography to help simplify research. The fifth edition of The Supreme Court A to Z has been thoroughly updated to incorporate coverage of significant new cases and recent changes on the bench and includes more than 350 alphabetized entries. Presented in an engaging reader-friendly design, this edition includes: - Biographies of recently appointed Associate Justices Elena Kagan and Sonia Sotomayor - Updated entries on key issues and concepts, including abortion, campaigns and elections, civil rights, class action, due process, freedom of the press, retired justices, reapportionment and redistricting, school desegregation, and war powers - New entries on criminal law and media and the court, which highlights the Court's online presence - This timely resource also includes updated seat charts of the justices, online sources for finding decisions, and a selected bibliography The Supreme Court A to Z is part of CQ Press's five-volume American Government A to Z series.