The Next Justice: Repairing the Supreme Court Appointments Process

By Christopher L. Eisgruber | Go to book overview

Index
Note: Numbers in parentheses indicate pages upon which cases cited in notes are discussed.
abortion rights: and Alito, 1–2, 159; and Bork hearings, 153; and changes in Supreme Court, 5; and equal protection clause, 20–21; in Hodgson v. Minnesota, 59; and judicial philosophy, 189–90; and moderation, 121; and O'Connor, 116, 117–18, 132; and originalism, 41, 42; and procedure, 95; and Ruth Bader Ginsburg, 158, 167; and Scalia, 112, 115; senators' questions about, 167, 172; and Stevens, 120; and Thomas, 145
Abraham, Henry, 125, 126
academic freedom, 81, 92, 96
ACLU v. National Security Agency, 209n44 (93)
Adamson v. California, 211n18 (104) admissions policies, 41–42. See also universities
affirmative action, 56–57, 181; and changes in Supreme Court, 5; conservative vs. liberal approaches to, 65– 66; and equal protection clause, 19, 20, 65; and ideology, 9; and judicial deference, 44, 47; and O'Connor, 116, 118; and Scalia, 111–12; senators' questions about, 170; and Stevens, 120; and Thomas, 134, 140, 145
African Americans, 23, 106. See also race
Agostini v. Felton, 214n70 (118)
Alito, Samuel, 4; confirmation hearings for, 1, 32, 157–58, 159, 171, 172–73, 176–77, 186; experience of, 135; and Kansas v. Marsh, 204n28; and nomination process, 134, 149; and unanimous rulings, 73–74; voting by, 5

-225-

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The Next Justice: Repairing the Supreme Court Appointments Process
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Preface ix
  • 1: A Broken Process in Partisan Times 1
  • 2: Why Judges Cannot Avoid Political Controversy 17
  • 3: The Incoherence of Judicial Restraint 31
  • 4: Politics at the Court 51
  • 5: Why Judges Sometimes Agree When Politicians Cannot 73
  • 6: Judicial Philosophies and Why They Matter 98
  • 7: How Presidents Have Raised the Stakes 124
  • 8: Should the Senate Defer to the President? 144
  • 9: How to Change the Hearings 164
  • 10: What Kinds of Justices Should We Want? 178
  • 11: The Path Forward 186
  • Notes 193
  • Index 225
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