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.

 

Chief Justice Roberts’ Incoherent Decision Shackles Congress, Screws Millions of Uninsured

By: Friday June 29, 2012 6:00 am

The problem with all too much of the early analysis of Thursday’s Supreme Court decision on the Affordable Care Act is that it’s framed around whether Obama/Democrats won or lost, whether the mandate survived or not, and whether the “liberals” or “conservatives” on the court came out on top.

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