Judicial Politics in Polarized Times PDF ePub eBook

Books Info:

Judicial Politics in Polarized Times free pdf When the Supreme Court upheld the Affordable Care Act, some saw the decision as a textbook example of neutral judicial decision making, noting that a Republican Chief Justice joined the Court's Democratic appointees to uphold most provisions of the ACA. Others characterized the decision as the latest example of partisan justice and cited the actions of a bloc of the Court's Republican appointees, who voted to strike down the statute in its entirety. Still others argued that the ACA's fate ultimately hinged on the outcome of the 2012 election. These interpretations reflect larger stories about judicial politics that have emerged in polarized America. Are judges neutral legal umpires, unaccountable partisan activists, or political actors whose decisions conform to-rather than challenge-the democratic will? Thomas M. Keck argues that, despite judges' claims, legal decisions are not the politically neutral products of disembodied legal texts. But neither are judges "tyrants in robes," undermining democratic values by imposing their own preferences. Just as often, judges and the public seem to be pushing in the same direction. As for the argument that the courts are powerless institutions, Keck shows that their decisions have profound political effects. And, while advocates on both the left and right engage constantly in litigation to achieve their ends, neither side has consistently won. Ultimately, Keck argues, judges respond not simply as umpires, activists, or political actors, but in light of distinctive judicial values and practices.

About Thomas Moylan Keck

Thomas M. Keck is the Michael O. Sawyer Chair of Constitutional Law and Politics at Syracuse University's Maxwell School of Citizenship and Public Affairs. He is the author of The Most Activist Supreme Court in History, also published by the University of Chicago Press.

Details Book

Author : Thomas Moylan Keck
Publisher : University of Chicago Press
Data Published : 19 December 2014
ISBN : 022618238X
EAN : 9780226182384
Format Book : PDF, Epub, DOCx, TXT
Number of Pages : 352 pages
Age + : 15 years
Language : English
Rating :

Reviews Judicial Politics in Polarized Times



17 Comments Add a comment




Related eBooks Download


  • Courts, Judges, and Politics free pdfCourts, Judges, and Politics

    This classic reader has been a best selling component of the Judicial Process/Judicial Politics/American Legal System course for years. The sixth edition has been thoroughly updated while retaining the features that made it attractive for so long: its effective structure..


  • Divergent Paths free pdfDivergent Paths

    Judges and legal scholars talk past one another. if they have any conversation at all. Academics criticize judicial decisions in theoretical terms. which leads many judges to dismiss academic discourse as divorced from reality..


  • John J. Muth, Petitioner, V. Aetna Oil Company, Johnston Drilling Company,  ... free pdfJohn J. Muth, Petitioner, V. Aetna Oil Company, Johnston Drilling Company, ...

    The Making of Modern Law: U.S. Supreme Court Records and Briefs. 1832-1978 contains the world's most comprehensive collection of records and briefs brought before the nation's highest court by leading legal practitioners - many who later became judges and associates of the court..


  • American Judicial Process free pdfAmerican Judicial Process

    This text is a general introduction to American judicial process. The authors cover the major institutions. actors. and processes that comprise the U.S. legal system. viewed from a political science perspective..


  • Constitutional Conscience free pdfConstitutional Conscience

    While many recent observers have accused American judges - especially Supreme Court justices - of being too driven by politics and ideology. others have argued that judges are justified in using their positions to advance personal views..


  • Judicial Politics in Polarized Times free pdfJudicial Politics in Polarized Times

    . When the Supreme Court upheld the Affordable Care Act, some saw the decision as a textbook example of neutral judicial decision making, noting that a Republican Chief Justice joined the Court's Demo