The Judicial Tug of War
How Lawyers, Politicians, and Ideological Incentives Shape the American Judiciary
Adam Bonica author Maya Sen author
Format:Hardback
Publisher:Cambridge University Press
Published:17th Dec '20
Currently unavailable, and unfortunately no date known when it will be back
This book, The Judicial Tug of War, offers a new perspective on the interplay between politics and the judiciary in America.
In The Judicial Tug of War, the author presents a compelling theory that explores the intricate relationship between politicians, legal elites, and the politicization of the courts. By situating this dynamic within the broader context of American politics, the book sheds light on how ideological divisions shape judicial reforms. It delves into the reasons behind the conservative critique of 'activist judges' and the liberal emphasis on qualifications over ideology, providing readers with a nuanced understanding of these opposing viewpoints.
Through a thorough analysis of the ideological makeup of the nation's courts, The Judicial Tug of War illustrates the consequences of the growing rift between politicians and legal elites. The author introduces a new framework that not only explains the current political tensions surrounding the judiciary but also offers predictions about future court compositions. By employing innovative quantitative analyses, the text reveals that when ideological divides widen, politicians are more likely to prioritize political agendas in judicial selections, leading to phenomena like judicial elections.
Ultimately, the book argues that the interplay between politics and the judiciary is inescapable. The judicial tug of war highlights the implications of this relationship, emphasizing that the selection of judges is heavily influenced by political considerations. This transformative work is essential for policymakers and lay observers alike, as it provides crucial insights into the ongoing debates about the role of courts in American governance.
'This impressive book explains how demographic and ideological trends have triggered political battles over the powers and composition of courts in the United States. With their sophisticated exploitation of massive data sets, the authors set a new standard for empirical research of the judiciary.' Eric Posner, University of Chicago
'Proceeding from an original premise about the tug of war between the legal establishment and political elites over the courts, Bonica and Sen provide compelling, evidence-based answers to some of the most pressing questions of our time: why partisan conflicts arise over the judiciary, what they mean for the development of the law, and what the future holds. Elegantly written and chock full of interesting facts, The Judicial Tug of War merits attention in academic, legal, and policy circles.' Lee Epstein, Washington University, St. Louis
'Since federal judges have life tenure, the contours and composition of America's judiciary will be the most enduring result of our fraught political moment. This fascinating book to help us navigate ideological battles over the courts - a war which will only intensify after the 2020 election- and adds the legal profession as a little-understood player to the analytical mix. If there aren't enough reasons to be wary of lawyers, Bonica and Sen provide another: in a system designed to put judges above politics and remain free of partisanship, lawyers seem to wield undue influence on who ends up wearing the robes and what decisions they make once seated.' Steven Mazie, The Economist
'… THE JUDICIAL TUG OF WAR is an important and original book that should be widely read by scholars, politicians, lawyers, judges, the media, and the public.' Matthew E. Baker, Law and Politics Book Review
'… an extraordinary accomplishment. In addition to the technical virtuosity, the data open a new window into the composition of American courts … The book is a great read, with contemporary case studies and anecdotes mixed into excellent quantitative analysis.' Deborah Beim, Political Science Quarterly
ISBN: 9781108841368
Dimensions: 234mm x 159mm x 22mm
Weight: 610g
334 pages