Supreme hubris : how overconfidence is destroying the court - and how we can fix it /
"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 t...
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| Format: | Book |
| Language: | English |
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New Haven ; London :
Yale University Press,
[2023]
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| Summary: | "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."--Dust jacket. |
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| Physical Description: | 316 pages ; illustration, chart ; 23 cm |
| Bibliography: | Includes bibliographical references (pages 257-289) and index. |
| ISBN: | 9780300264036 0300264038 |