Seeking justices

the judging of Supreme Court nominees

Author: Michael Comiskey

Publisher: Univ Pr of Kansas

ISBN: 9780700613465

Category: Law

Page: 287

View: 5428

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In the long shadows cast by the Robert Bork and Clarence Thomas nominations, Supreme Court confirmations remain highly contentious and controversial. This is due in part to the Senate's increasing reliance upon a much lengthier, much more public, and occasionally raucous confirmation process--in an effort to curb the potential excesses of executive power created by presidents seeking greater control over the Court's ideological composition. Michael Comiskey offers the most comprehensive, systematic, and optimistic analysis of that process to date. Arguing that the process works well and therefore should not be significantly altered, Comiskey convincingly counters those critics who view highly contentious confirmation proceedings as the norm. Senators have every right and a real obligation, he contends, to scrutinize the nominees' constitutional philosophies. He further argues that the media coverage of the Senate's deliberations has worked to improve the level of such scrutiny and that recent presidents have neither exerted excessive influence on the appointment process nor created a politically extreme Court. He also examines the ongoing concern over presidential efforts to pack the court, concluding that stacking the ideological deck is unlikely. As an exception to the rule, Comiskey analyzes in depth the Thomas confirmation to explain why it was an aberration, offering the most detailed account yet of Thomas's pre-judicial professional and political activities. He argues that the Senate Judiciary Committee abdicated its responsibilities out of deference to Thomas's race. Another of the book's unique features is Comiskey's reassessment of the reputations of twentieth-century SupremeCourt justices. Based on a survey of nearly 300 scholars in constitutional law and politics, it shows that the modern confirmation process continues to fill Court vacancies with jurists as capable as those of earlier eras. We
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Judicial Politics in the United States

Author: Mark C. Miller

Publisher: Routledge

ISBN: 0429973233

Category: Political Science

Page: 448

View: 5918

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Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
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The Handy Supreme Court Answer Book

Author: David L Hudson

Publisher: Visible Ink Press

ISBN: 157859264X

Category: Law

Page: 512

View: 5305

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From the origins of the court to modern practical matters—including the federal judiciary system, the Supreme Court’s session schedule, and the argument, decision, and appeal process—this resource provides detailed answers on all aspects of the Supreme Court. Exploring the social, cultural, and political atmosphere in which judges are nominated and serve, this guide book answers questions such as When did the tradition of nine justices on the bench begin? When did the practice of hiring law clerks to assist with legal research and writing begin? and How do cases reach the Supreme Court? Details on historic decisions—including Marbury v. Madison, Brown v. Board of Education, Miranda v. Arizona, and Bush v. Gore—accompany a thorough history of all 17 Supreme Court Chief Justices.
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Attacking Judges

How Campaign Advertising Influences State Supreme Court Elections

Author: Melinda Gann Hall

Publisher: Stanford University Press

ISBN: 0804793093

Category: Law

Page: 264

View: 7260

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Nasty, below-the-belt campaigns, mudslinging, and character attacks. These tactics have become part and parcel of today's election politics in America, and judicial elections are no exception. Attacking Judges takes a close look at the effects of televised advertising, including harsh attacks, on state supreme court elections. Author Melinda Gann Hall investigates whether these divisive elections have damaging consequences for representative democracy. To do this, Hall focuses on two key aspects of those elections: the vote shares of justices seeking reelection and the propensity of state electorates to vote. In doing so, Attacking Judges explores vital dimensions of the conventional wisdom that campaign politics has deleterious consequences for judges, voters, and state judiciaries. Countering the prevailing wisdom with empirically based conclusions, Hall uncovers surprising and important insights, including new revelations on how attack ads influence public engagement with judicial elections and their relative effectiveness in various types of state elections. Attacking Judges is a testament to the power of institutions in American politics and the value of empirical political science research in helping to inform some of the most significant debates on the public agenda. This book's results smartly contest and eradicate many of the fears judicial reformers have about the damaging effects of campaign negativity in modern state supreme court elections.
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Appointing Judges in an Age of Judicial Power

Critical Perspectives from Around the World

Author: Peter H. Russell,Kate Malleson

Publisher: University of Toronto Press

ISBN: 0802093817

Category: Political Science

Page: 473

View: 2766

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The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
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Supreme Court Nominations

Presidential Nomination, the Judiciary Committee, Proper Scope of Questioning of Nominees, Senate Consideration, Cloture, and the Use of the Filibuster

Author: Denis Steven Rutkus,Elizabeth Rybicki

Publisher: TheCapitol.Net Inc

ISBN: 1587332248

Category: Law

Page: 208

View: 3413

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This volume explores the Supreme Court Justice appointment process--from Presidential announcement, Judiciary Committee investigation, confirmation hearings, vote, and report to the Senate, through Senate debate and vote on the nomination.
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Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900 - 2010

Author: R. Sam Garrett

Publisher: DIANE Publishing

ISBN: 1437934277

Category:

Page: 48

View: 7745

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Contents: (1) Recent Activity: Activity During 2010, 2009, and 2005-2006: Recent Nominations: Roberts, Miers, Alito; (2) Measuring the Pace of Supreme Court (SC) Appoint.; (3) How SC Vacancies Occur: Death of a Sitting Justice (SJ): Retirement or Resignation of a SJ; Nomination of a SJ to Another Position; Controversial, Withdrawn, and Rejected Nominations; (4) Date of Actual or Prospective Vacancy; Announcement-of-Nominee Date: Use of Medians to Summarize Intervals; The Duration of the Nomination-and-Confirmation Process: Changes Since 1981; Factors Influencing the Speed of the Process: How the Vacancy Occurs; The Senate¿s Schedule; Committee Involvement and Institutional Customs; Controversial Nominations.
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Understanding US/UK Government and Politics

A Comparative Guide

Author: Duncan Watts

Publisher: Manchester University Press

ISBN: 9780719067211

Category: LITERARY CRITICISM

Page: 333

View: 3123

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Understanding US/UK Government and Politics is a further volume in the Understanding Politics series. Clear and accessible in style, it offers invaluable insights into the similarities and differences between British and American politics. These are summarized in useful boxes at the end ofeach chapter, where there are also details of relevant websites and likely examination questions. The book begins by examining the setting against which government and politics operates in Britain and the United States, noting aspects of the history and social structure of each country beforeexploring the concept of political culture. The underlying ideas and values of British and American people are compared, and the book goes on to analyse the constitution and the protection of rights, before considering the executive, legislative and judicial branches of government in detail.
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