Synopses & Reviews
When the Supreme Court upheld the Affordable Care Act, some saw the decision as a textbook example of neutral judicial decision making, noting that a Republican Chief Justice joined the Courtand#8217;s Democratic appointees to uphold most provisions of the ACA. Others characterized the decision as the latest example of partisan justice and cited the actions of a bloc of the Courtand#8217;s Republican appointees, who voted to strike down the statute in its entirety. Still others argued that the ACAand#8217;s fate ultimately hinged not on the Court but on the outcome of the 2012 election. These interpretations reflect larger stories about judicial politics that have emerged in polarized America. Are judges neutral legal umpires, unaccountable partisan activists, or political actors whose decisions conform toand#151;rather than challengeand#151;the democratic will?
Drawing on a sweeping survey of litigation on abortion, affirmative action, gay rights, and gun rights across the Clinton, Bush, and Obama eras, Thomas M. Keck argues that, while each of these stories captures part of the significance of judicial politics in polarized times, each is also misleading. Despite judgesand#8217; claims, actual legal decisions are not the politically neutral products of disembodied legal texts. But neither are judges and#147;tyrants in robes,and#8221; undermining democratic values by imposing their own preferences. Just as often, judges and the public seem to be pushing in the same direction. As for the argument that the courts are powerless institutions, Keck shows that their decisions have profound political effects. And, while advocates on both the left and right engage constantly in litigation to achieve their ends, neither side has consistently won. Ultimately, Keck argues, judges respond not simply as umpires, activists, or political actors, but in light of distinctive judicial values and practices.
Review
and#8220;This is a robust, measured, and ultimately very persuasive book that places judicial review in the United States in context, insistingand#8212;and providing compelling evidence to supportand#8212;the conclusion that judicial review is neither savior nor threat. It is, instead, a vital and still-important cog in our government machinery. Judicial Politics in Polarized Times could not be more timely, and I have no doubt that it will not only be a starting point for conversations about whether or not judicial review has a place in the American political system but actually help us move forward from that debate.and#8221;
Review
"Keck explores litigation surrounding some of today's most contentious issuesand#8212;gay rights, abortion, affirmative action, and gun rights. In doing so, he demonstrates that judicial decisions on these topics are part ofand#8212;rather than antithetical toand#8212;democratic politics. Courts, Keck shows, are rarely imposing minority viewpoints on unwilling citizens and their elected representatives. Instead, courts are simply part of a broader system of push-and-pull, in which policy develops at multiple levels of government, across branches, and through a variety of mechanisms. Keck reorients our analysis to yield a more texturedand#8212;and ultimately more realisticand#8212;picture of the role of courts and litigation today."
Review
"A data-rich study of the complex and fascinating interplay between court decisions and movements for and against policy change in four politically polarized areas. The result is a provocative challenge to long-held and deeply cherished arguments for and against judicial review."
Review
andquot;Drawing on a sweeping survey of litigation on abortion, affirmative action, gay rights, and gun rights across the Clinton, Bush, and Obama eras, Keck argues that, despite judgesandrsquo; claims, actual legal decisions are not the politically neutral products of disembodied legal texts. But neither are judges and#39;tyrants in robes,and#39; undermining democratic values by imposing their own preferences. Ultimately, Keck concludes, judges respond not simply as umpires, activists, or
political actors, but in light of distinctive judicial values and practices.andquot;
About the Author
Thomas M. Keck is the Michael O. Sawyer Chair of Constitutional Law and Politics at Syracuse University's Maxwell School of Citizenship and Public Affairs. He is the author of The Most Activist Supreme Court in History, also published by the University of Chicago Press.
Table of Contents
Preface
Introduction Three Stories about Courts
Part I Rights on the Left, and Rights on the Right
One Rights on the Left
Two Rights on the Right
Part II Courts, Democracy, and Policy Change
Three Are Judges Umpires?
Four Are Judges Tyrants?
Five Are Judges Sideshows?
Conclusion Judicial Politics in Polarized Times
Appendix A Coding Procedures for Polarization Analysis
Notes
References
Index
Online at http://press.uchicago.edu /sites/keck /
Appendix B Judicial Decisions Coded for Polarization Analysis
Appendix C Congressional Votes Coded for Polarization Analysis