The Next Justice: Repairing the Supreme Court Appointments Process Christopher L. Eisgruber

ISBN: 9781400827824

Published: May 18th 2009

ebook

256 pages


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The Next Justice: Repairing the Supreme Court Appointments Process  by  Christopher L. Eisgruber

The Next Justice: Repairing the Supreme Court Appointments Process by Christopher L. Eisgruber
May 18th 2009 | ebook | PDF, EPUB, FB2, DjVu, audiobook, mp3, ZIP | 256 pages | ISBN: 9781400827824 | 9.56 Mb

The Supreme Court appointments process is broken, and the timing couldnt be worse--for liberals or conservatives. The Court is just one more solid conservative justice away from an ideological sea change--a hard-right turn on an array of issues thatMoreThe Supreme Court appointments process is broken, and the timing couldnt be worse--for liberals or conservatives.

The Court is just one more solid conservative justice away from an ideological sea change--a hard-right turn on an array of issues that affect every American, from abortion to environmental protection. But neither those who look at this prospect with pleasure nor those who view it with horror will be able to make informed judgments about the next nominee to the Court--unless the appointments process is fixed now.

In The Next Justice, Christopher Eisgruber boldly proposes a way to do just that. 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.Long on partisan rancor and short on serious discussion, todays appointments process reveals little about what kind of judge a nominee might make.

Eisgruber argues that the solution is to investigate how nominees would answer a basic question about the Courts role: When and why is it beneficial for judges to trump the decisions of elected officials? Through an examination of the politics and history of the Court, Eisgruber demonstrates that pursuing this question would reveal far more about nominees than do other tactics, such as investigating their views of specific precedents or the framers intentions.Written with great clarity and energy, The Next Justice provides a welcome exit from the uninformative political theater of the current appointments process.



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