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Full Description
On the eve of a presidential election that may determine the makeup of Supreme Court justices for decades to come, prominent attorney James D. Zirin argues that the Court has become increasingly partisan, rapidly making policy choices right and left on bases that have nothing to do with law or the Constitution. Zirin explains how we arrived at the present situation and looks at the current divide through its leading partisans, Justices Ruth Bader Ginsburg and Sonia Sotomayor on the left and Antonin Scalia and Clarence Thomas on the right. He also examines four of the Court's most controversial recent decisions - Hobby Lobby, Obamacare, gay marriage, and capital punishment - arguing that these politicized decisions threaten to undermine public confidence in the Supreme Court.
Contents
Foreword
Introduction
1 What the Supreme Court Is Supposed (and Not Supposed)
to Do
2 Identity Politics and the Partisan Court
3 Religion and the Partisan Court
4 Two of the Eighty-Nine WASP Male Justices: Marshall and
Holmes
John Marshall—Elaborating the Rule of Law
Oliver Wendell Holmes—Elaborating the Rules for Free
Speech
Campaign Finance and Deregulation—Speech Unknown
to Marshall and Holmes
5 The Catholic Seat
6 The Jewish Seat: Tradition, Tradition!
7And Goldberg Begat Fortas: End of the Jewish Seat
8The Supreme Court Tackles the Middle East: Is Jerusalem
Part of Israel?
9 The Female Seat and Ruth Bader Ginsburg
10The Black Seat: Finding The "Best Qualified"
Thomas and Natural Law
Thomas and the Voting Rights Act
Thomas and Affirmative Action
11 Antonin Scalia (1936-2016): "More Catholic Than the Pope"
12 Sonia Sotomayor: The Wise Latina Woman and Identity
Politics
13 Hobby Lobby: Religious Freedom v. Reproductive Rights
14 The Obamacare Cases: The Chief Rides to the Rescue
15 Gay Marriage: "The Times They Are A-Changin'"
16 Capital Punishment: Death Is Different
Conclusion
Acknowledgments
Index
About the Author
