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Sep 29, 2015 | ISBN 9780143128007 Buy
Sep 25, 2014 | ISBN 9780698176317 Buy
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Sep 29, 2015 | ISBN 9780143128007
Sep 25, 2014 | ISBN 9780698176317
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11.No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
A preeminent constitutional scholar offers a hard-hitting analysis of the Supreme Court over the last two hundred years Most Americans share the perception that the Supreme Court is objective, but Erwin Chemerinsky, one of the country’s leading constitutional lawyers, shows that this is nonsense and always has been. The Court is made up of fallible individuals who base decisions on their own biases. Today, the Roberts Court is promoting a conservative agenda under the guise of following a neutral methodology, but notorious decisions, such as Bush vs. Gore and Citizens United, are hardly recent exceptions. This devastating book details, case by case, how the Court has largely failed throughout American history at its most important tasks and at the most important times. Only someone of Chemerinsky’s stature and breadth of knowledge could take on this controversial topic. Powerfully arguing for term limits for justices and a reassessment of the institution as a whole, The Case Against the Supreme Court is a timely and important book that will be widely read and cited for decades to come.
A graduate of Harvard Law School, Erwin Chemerinsky is the founding dean and distinguished professor of law and the Raymond Pryke Professor of First Amendment Law at the University of California, Irvine School of Law, with a joint appointment in… More about Erwin Chemerinsky
Praise for Erwin Chemerinsky “A catalyst for fundamentally changing the nation’s most important and . . . least democratic institution . . . A scholar with intellectual power, passion and pluck.”―Los Angeles Review of Books“One of the shining lights of legal academia.”―The New York Times Praise for THE CONSERVATIVE ASSAULT ON THE CONSTITUTION “Our Constitution depends on the courts to keep it alive; we all depend on Erwin Chemerinsky to remind us why that is so important. This book is essential reading for anyone who cares about preserving our constitutional birthright.”–Susan N. Herman, Preseident, Amerian Civil Liberties Union
“Erwin Chemerinsky knows the Constitution as a legal scholar and the Supreme Court as a lawyer who represents clients there. It’s a rare and poweful combination that makes him uniquely qualified to write this disturbing and persuasive book about the impact of the current Supreme Court’s approach to constitutional interpretation.”–Linda Greenhouse, lecturer, Yale Law School; former New York Times Supreme Court correspondent
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