Supreme Hubris : How Overconfidence Is Destroying the Court--And How We Can Fix It.

Format:

Book

Author/Creator:

Tang, Aaron.

Language:

English

Subjects (All):

United States. Supreme Court.

United States.

Judicial opinions--United States.

Judicial opinions.

Judicial process--United States.

Judicial process.

Political questions and judicial power--United States.

Political questions and judicial power.

Physical Description:

1 online resource (327 pages)

Edition:

1st ed.

Place of Publication:

New Haven : Yale University Press, 2023.

Summary:

How to repair the dysfunction at the Supreme Court in a way that cuts across partisan ideologies The Supreme Court, once the most respected institution in American government, is now routinely criticized for rendering decisions based on the individual justices' partisan leanings rather than on a faithful reading of the law. For legal scholar Aaron Tang, however, partisanship is not the Court's root problem. Overconfidence is. Conservative and liberal justices alike have adopted a tone of uncompromising certainty in their ability to solve society's problems with just the right lawyerly arguments. The result is a Court that lurches stridently from one case to the next, delegitimizing opposing views and undermining public confidence in itself. To restore the Court's legitimacy, Tang proposes a different approach to hard cases: one in which the Court acknowledges the arguments and interests on both sides and rules in the way that will do the least harm possible. Examining a surprising number of popular opinions where the Court has applied this approach-ranging from LGBTQ rights to immigration to juvenile justice-Tang shows how the least harm principle can provide a promising and legally grounded framework for the difficult cases that divide our nation.

Contents:

Cover

Half Title

Title Page

Copyright Page

Dedication

Contents

Introduction

PART ONE: THE PROBLEM

1 Distrust and Democracy

2 The Partisanship Trap

3 Overconfidence

4 The Times They Were a Changin'

PART TWO: THE SOLUTION

5 What We Do When We Don't Know

6 The Least Harm Principle

7 Rebuilding Trust

8 Backsliding

9 The Crossroads

Notes

Acknowledgments

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Other Format:

Print version: Tang, Aaron Supreme Hubris

ISBN:

0-300-27470-X

OCLC:

1393203899