Playing it safe : how the Supreme Court sidesteps hard cases and stunts the development of law / Lisa A. Kloppenberg.

Format:

Book

Author/Creator:

Kloppenberg, Lisa A.

Series:

Critical America.

Critical America

Language:

English

Subjects (All):

Certiorari--United States--History.

Certiorari.

Political questions and judicial power--United States--History.

Political questions and judicial power.

United States. Supreme Court--History.

United States.

Physical Description:

1 online resource (320 p.)

Edition:

1st ed.

Place of Publication:

New York : New York University Press, 2001.

Language Note:

English

Summary:

It is one of the unspoken truths of the American judicial system that courts go out of their way to avoid having to decide important and controversial issues. Even the Supreme Court from which the entire nation seeks guidance frequently engages in transparent tactics to avoid difficult, politically sensitive cases. The Court's reliance on avoidance has been inconsistent and at times politically motivated. For example, liberal New Deal Justices, responding to the activism of a conservative Court, promoted deference to Congress and the presidency to protect the Court from political pressure. Lik

Contents:

The Court avoids scrutinizing "official english" mandate

The Court grapples with Congress and standing hurdles in environmental cases

The Court uses standing to discourage redress for racial wrongs

Avoiding selected affirmative action challenges

Coming out of the constitutional closet

Avoiding gender equality

The Court's aggressive expansion of states' rights.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. 279-301) and index.

ISBN:

9780814749357

0814749356

9780814748664

081474866X

9780585434810

0585434816

OCLC:

779828457