Tushnet (2005) takes an insightful look into the current Supreme Court and what it means for the future in his work entitled A Court Divided. Much has been discussed about the Court, particularly since the 2000 election ended up being referred to the judicial branch of government. Constitutional law has always been fascinating subject, as it broaches the areas of guaranteed legal protections. Landmark decisions change the course of history and determine which rights the people have and have not.
             The book addresses the obvious problems. First, the author identifies the division between liberal and conservative judges. These two divisions have played a huge role not only in the court systems, but in the political arena as well. Because the president is able to appoint judges, many people believe that he will appoint someone like himself. A Republican president will appoint a conservative and a Democrat will appoint a liberal. Although this is largely the case, all too often surprises emerge. It should really not be a surprise at all that judges have their own minds and are not stereotypical. Brilliant men seldom have one mindset, even though they may lean one way or another. Still, the idea that the president may appoint chief justices does suggest that, like a game of chess, the future of Constitutional law is to some extent contingent on who is president. Depending upon the makeup of the court at the time, one appointment can change a great deal and shift the court either to the right or to the left.
             The author does admit that the court is divided by party or ideology, but he does contest the argument that a particular type of judge will always go a particular way. Rather, he looks at each individually and notes each of their distinct prejudices. The idea that the conservatives and liberals are at odds is not necessarily true and instead the author vies for a theory that shows divisions in certain subject areas. It is not neces...