Tushnet
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
By being conservative in interpreting law, and trying to stick as close to what the Constitution had intended as possible, one is exercising judicial restraint. Judicial restraint is about trying to maintain the integrity of the Constitution, even if it means holding on to unfavorable legislation or not acting according to conscience. It also helps to understand why they take the positions they do. At the same time, while delving into the specifics and the ins and outs of the Supreme Court, he also adds a human face. Rather than detracting from the notion that the Supreme Court is fair, one may take from this book the idea that the court is extremely fair and that, more importantly, the system works. But they are people, just like anyone, and this is something that the author accentuates. Rather, he looks at each individually and notes each of their distinct prejudices. Tushnet (2005) does present a plausible thesis. Justices are often presented as larger than life, as if they lived in the Court itself and had no other life. His easy writing style and attention to detail makes for a marvelous read for any law student or layman who wants to understand what makes the Supreme Court justices tick. Historically, during the judicial review process, restraint is admired. In conclusion, Tushnet writes an excellent review of the Court, and one that helps the reader understand the decisions that were handed down in recent years, and why they were made. Although he does not say so in so many words, the author does express the idea that the court is predictable when one has the right tools of analysis, but it is not predictable based on the ratio of conservative to liberal judges.
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Acceptance Essays
