Critical Judicial Nominations and Political Change: The Impact of Clarence Thomas

By Christopher E. Smith | Go to book overview

Preface

A major challenge facing judicial scholars is to analyze courts and law in proper relation to the American political system. The earliest scholarly traditions in law schools and in the public law subfield of political science treated law and judicial decisions as independent from politics. Law was regarded as a set of coherent rules for human behavior that advanced procedural fairness, protection of property rights, and other significant societal interests. Judges were viewed as wise decision makers who applied and extended legal principles in logical, methodical fashion. The advent of legal realism in the early twentieth century helped to sweep away the formalist facade from scholars' understanding of law, yet it took several additional decades for political scientists to fully integrate their analyses of courts into broader conceptual frameworks addressing the United States' political governing system as a whole.

Among contemporary scholars, there is broad recognition of the connections and interactions between the judicial branch and the other elements and actors of the political system. Myriad studies in recent decades have examined the role of interest groups in advancing their policy agendas through litigation, the politics of judicial selection, interbranch conflicts concerning the development and implementation of judicial policies, and other topics illustrating the inherently political nature of law and the judicial

-ix-

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Critical Judicial Nominations and Political Change: The Impact of Clarence Thomas
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Preface ix
  • 1 - Critical Judicial Nominations 1
  • Notes 14
  • 2 - Critical Judicial Nominations in American History 17
  • Notes 41
  • 3 - Justice Thomas and the Supreme Court 45
  • Notes 68
  • 4 - The Thomas Hearings as the Catalyst for Political Mobilization 73
  • Notes 116
  • 5 - Political Mobilization in the Aftermath of the Thomas Nomination Controversy 123
  • Notes 148
  • 6 - Conclusion 153
  • Notes 156
  • Select Bibliography 159
  • Index 163
  • About the Author 173
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