Political Control of America's Courts: Examining the Facts
byHelena Silverstein, PhD, is professor and department head of government and law at Lafayette College.
20230131
ABC-CLIO
Pages | 224 |
Topics | Checks and Balances Function of;U.S. Supreme Court;Public Perceptions of Judiciary;Political Supporters;Political Campaigns;Partisan Party Politics;Constitutional Rights;Judicial Interpretation of;Judicial Elections;Federalist Society;Circuit, Probate, Appeals, etc.;Court Types--Federal, State, District,;Confirmations;Court Nominations and;Branches of Government |
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eBook
9781440878060
MLA
Silverstein, Helena. Political Control of America's Courts: Examining the Facts. ABC-CLIO, 2023. ABC-CLIO, publisher.abc-clio.com/9781440878060.
Chicago Manual of Style
Silverstein, Helena. Political Control of America's Courts: Examining the Facts. ABC-CLIO, 2023. http://publisher.abc-clio.com/9781440878060
APA
Silverstein, H. (2023). Political Control of America's Courts: Examining the Facts. Retrieved from http://publisher.abc-clio.com/9781440878060
- Description
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This work is intended to help readers understand the many ways in which politics shapes the allegedly nonpartisan judicial system in America. It reveals that political factors increasingly determine who wears the judicial robes from the Supreme Court on down.
Each title in the Contemporary Debates series examines the veracity of controversial claims or beliefs surrounding a major political/cultural issue in the United States. Each book gives readers a clear and unbiased understanding of current high-interest issues by informing them about falsehoods, half-truths, and misconceptions—and confirming the factual validity of other assertions—that have gained traction in America's cultural and political discourse.
This volume in the series provides a deeply researched and evenhanded account of the relationship between America's judicial branch—which is supposed to view law through a nonpartisan lens—and the sometimes poisonous partisanship in the nation's other two branches of government. Is political combat over judicial nominations worse than ever before? What impact is the politicization of the courts having on public faith in the legitimacy of the courts and our wider political system? Was former Supreme Court justice Sandra Day right when she asserted that "judicial independence is a bedrock principle of our court system, and we are losing it"? This work will provide insights into all these questions and more.
- Features an accessible and sensibly organized question-and-answer format
- Uses quantifiable data from authoritative sources as the foundation for examining every issue
- Provides readers with listings of relevant sources to conduct further research
- Provides valuable insights and information on judicial reform efforts
- Table of Contents
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Table of Contents
Political Control of America's Courts: Examining the Facts
Author(s): Silverstein, Helena;Contributors: Silverstein, Helena;Abstract:This work is intended to help readers understand the many ways in which politics shapes the allegedly nonpartisan judicial system in America. It reveals that political factors increasingly determine who wears the judicial robes from the Supreme Court on down.
Each title in the Contemporary Debates series examines the veracity of controversial claims or beliefs surrounding a major political/cultural issue in the United States. Each book gives readers a clear and unbiased understanding of current high-interest issues by informing them about falsehoods, half-truths, and misconceptions—and confirming the factual validity of other assertions—that have gained traction in America's cultural and political discourse.
This volume in the series provides a deeply researched and evenhanded account of the relationship between America's judicial branch—which is supposed to view law through a nonpartisan lens—and the sometimes poisonous partisanship in the nation's other two branches of government. Is political combat over judicial nominations worse than ever before? What impact is the politicization of the courts having on public faith in the legitimacy of the courts and our wider political system? Was former Supreme Court justice Sandra Day right when she asserted that "judicial independence is a bedrock principle of our court system, and we are losing it"? This work will provide insights into all these questions and more.
- Features an accessible and sensibly organized question-and-answer format
- Uses quantifiable data from authoritative sources as the foundation for examining every issue
- Provides readers with listings of relevant sources to conduct further research
- Provides valuable insights and information on judicial reform efforts
SortTitle: Political Control of America's Courts: Examining the FactsAuthor Info:Helena SilversteinauthorHelena Silverstein, PhD, is professor and department head of government and law at Lafayette College.
eISBN-13: 9781440878060Cover Image URL: ~~FreeAttachments/9781440878060.jpgPrint ISBN-13: 9781440878053Imprint: ABC-CLIOPages: 224Publication Date: 20230131Series: Contemporary Debates- Cover Cover11
- Title Page iii4
- Copyright iv5
- Contents v6
- Acknowledgments ix10
- How to Use This Book xi12
- 1. Nominations, Confirmations, and Departures of Federal Judges 114
- Q1. Are nominations and confirmations to the federal bench based on factors beyond merit? 215
- Q2. Do outside organizations influence whom the president nominates to the federal bench? 619
- Q3. Do interest groups influence the Supreme Court confirmation process? 1427
- Q4. Is it unusual for the Senate to reject a Supreme Court nominee? 2134
- Q5. Was the Senate’s refusal to take action on President Obama’s Supreme Court nomination of Merrick Garland really unprecedented? 2538
- Q6. Are Supreme Court confirmation hearings a “vapid and hollow charade”? 2942
- Q7. Is the timing of judicial retirements from the Supreme Court influenced by politics? 3548
- Q8. Did President Trump’s judicial appointments fundamentally re-make the federal judiciary for decades to come? 4154
- 2. Judicial Elections to State Courts 4760
- Q9. Have contested judicial elections become more political over recent decades? 4861
- Q10. Are nonpartisan judicial elections less political than partisan judicial elections? 5669
- Q11. Has politicization of judicial retention elections increased? 6275
- Q12. Does the growth of campaign spending by interest groups affect judicial independence? 6881
- Q13. Do politicized judicial elections threaten the legitimacy of state courts? 7487
- 3. Structures Affecting the Courts 8598
- Q14. Has Congress or the president ever sought to adjust the size of the Supreme Court for political gain? 8598
- Q15. Can Congress strip the Supreme Court and lower federal courts of their jurisdiction? 92105
- Q16. Would term limits make the Supreme Court less politicized? 101114
- Q17. Was the end of the filibuster in federal judicial confirmations a historic rule change? 108121
- Q18. Is the end of the filibuster in federal judicial confirmations likely to increase polarization on the federal courts? 115128
- 4. Decisions and Decision Making 121134
- Q19. Are Supreme Court justices influenced by public opinion? 121134
- Q20. Do judges’ political attitudes and ideologies influence their legal decisions? 128141
- Q21. Did the Supreme Court’s “switch in time that saved nine” occur in direct response to external political pressure? 137150
- Q22. Is the influence of amicus briefs on the Supreme Court growing? 141154
- Q23. Is the Supreme Court using the “shadow docket” more frequently? 148161
- 5. Public Perceptions of the Judiciary 155168
- Q24. Is public faith and confidence in the Supreme Court in decline? 155168
- Q25. Does the public believe the courts are political and partisan? 162175
- Q26. Does the public’s perception of the judiciary vary by party affiliation? 167180
- Q27. Has the judicial philosophy known as “originalism” become dominant in American jurisprudence and accepted by the public? 171184
- 6. Politicization, Partisanship, and Legitimacy 177190
- Index 199212