FDL Book Salon Welcomes, Mark Tushnet, In The Balance: Law and Politics In The Roberts Court

By: Saturday October 12, 2013 1:59 pm

In his recent book In the Balance: Law and Politics on the Roberts Court, Mark Tushnet does not disagree that politics and the Supreme Court go hand in hand. There is no denying that the Justices have political views and that those political views often influence how they decide cases. Professor Tushnet carefully dissects and criticizes the now infamous “umpire” analogy that Chief Justice John Roberts used in his confirmation hearing, replacing it with what he takes as the much more realistic and intellectually honest portraits of judging offered by Elena Kagan and Sonia Sotomayor.

But where In the Balance makes its greatest contribution is in tempering the urge to dismiss the Court’s behavior as purely political.

 

The Formula for ‘Equal Opportunity’: Why Affirmative Action Isn’t Enough

By: Friday October 26, 2012 5:00 pm

Once again, affirmative action is on trial in the Supreme Court. The pending case, Fisher v. University of Texas at Austin, challenges U.T. Austin’s admissions policy, which aims to bring in more students of color by considering race among other factors. The case is driven by the misplaced racial anxieties provoked by affirmative action, but it might offer a platform for truly grappling with the nature of institutional racism and the oft-politicized, seldom-understood concept of “equal opportunity” in schools and workplaces.

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