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The Next Justice: Repairing the Supreme Court Appointments Process

Christopher L. Eisgruber

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Description for The Next Justice: Repairing the Supreme Court Appointments Process Paperback. Describes a manner of deliberating about who should serve on the Supreme Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. This book makes a fresh case for the virtue of judicial moderates. Num Pages: 256 pages. BIC Classification: 1KBB; JP; L. Category: (G) General (US: Trade); (P) Professional & Vocational; (U) Tertiary Education (US: College). Dimension: 229 x 147 x 17. Weight in Grams: 328.
The Supreme Court appointments process is broken, and the timing couldn't be worse--for liberals or conservatives. The Court is just one more solid conservative justice away from an ideological sea change--a hard-right turn on an array of issues that affect every American, from abortion to environmental protection. But neither those who look at this prospect with pleasure nor those who view it with horror will be able to make informed judgments about the next nominee to the Court--unless the appointments process is fixed now. In The Next Justice, Christopher Eisgruber boldly proposes a way to do just that. He describes ... Read more

Product Details

Format

Paperback

Publication date

2009

Publisher

Princeton University Press United States

Number of pages

272

Condition

New

Number of Pages

256

Place of Publication

New Jersey, United States

ISBN

9780691143521

SKU

V9780691143521

Shipping Time

Usually ships in 7 to 11 working days

Ref

99-1

About Christopher L. Eisgruber

Christopher L. Eisgruber is provost and Laurance S. Rockefeller Professor of Public Affairs at Princeton University. He is the coauthor of "Religious Freedom and the Constitution" and the author of "Constitutional Self-Government". He is a former New York University law professor and a former clerk for Supreme Court Justice John Paul Stevens and U.S. Court of Appeals Judge Patrick E. ... Read more

Reviews for The Next Justice: Repairing the Supreme Court Appointments Process

"What do we want in a Supreme Court Justice, and how should we get it? Eisgruber, a former Supreme Court clerk, argues that the first step is to do away with the idea that the process can or should be entirely divorced from politics...Eisgruber's practical recommendations for fixing the confirmation process boil down to having senators stand up for themselves ... Read moreduring hearings, unafraid to say no, but his larger point is that, in pursuit of justice, moderation is the paramount virtue."
The New Yorker "[A] concise and lucid case for a more thoughtful and workable process."
Publishers Weekly "The focus of the book...is not on jurisprudence, but on the inadequacy of senatorial confirmation hearings... Eisgruber recommends that the Senate correct the confirmation process by following the example of the executive branch. Thus, the Senate should 'rely less on hearings and more on the kinds of evidence that presidents use': writings, speeches, and, for nominees who are judges, opinions. He continues that the Senate should not rely on futile inquiries about a nominee's commitment to strict construction of statutes or finding the original intent of the founding fathers. Instead, he suggests that the Senate ask nominees about their interpretation of abstract language in the U.S. Constitution...[This] is a thinking person's book. Anyone concerned about the future of the U.S. Supreme Court, however, will find it fascinating. Elegantly written, closely reasoned, and carefully researched, the book is well worth the reader's thought and time. Whether or not you agree with Eisgruber's suggestions and conclusions, The Next Justice remains stimulating, even provocative."
Stewart Pollock, Newark Star Ledger "Eisgruber's analysis is essential reading for both lawmakers and the public."
Deirdre Sinnott, Foreword Magazine "The appointment process could gain a lot from Mr. Eisgruber's proposal...The Next Justice makes a start, in the calm before the circus of the next nomination, toward the debate we must have if we are to overcome the 'confusion'."
Daniel Sullivan, New York Sun "The Next Justice should be a required reading for all the members of the Senate Judiciary Committee, so insightful and informative is Eisgruber's analysis of this profoundly important subject. For decades the nation has been wrestling with the question of how to avoid cyclical partisan warfare over Supreme Court appointments. This book goes a long way toward defining sensible, balanced criteria for doing so."
Ronald Goldfarb, Washington Lawyer "The Next Justice contains many interesting descriptions of the Court, including its inner workings, the role of the law clerks, and the process of decision-making. Eisgruber has a great deal of respect for the Supreme Court as an institution, and he would like to have a confirmation process worthy of the Court. So would we all."
Charles S. Doskow, The Federal Lawyer "While readers may disagree with how Eisgruber defines the term 'moderate justice,' no one who has even a passing interest in the composition of the Court should find Eisgruber's book anything less than thought-provoking. In fact, it should be required reading for any college constitutional law class and for first-year law students."
E. Drew Britcher, Trial "As Australian governments venture tentatively towards greater transparency, Eisgruber's text is a useful reminder of the dangers they need to avoid. In the end, he suggests that reforms depend upon an appeal to the political process to lift its game."
Michael Kirby, Australian Law Journal "[Eisgruber's] volume is a sensible, illuminating, and sometimes insightful look at the confirmation process... For a subject that can be emotionally charged, the author has provided an account that is eminently readable and informative, one that is entirely manageable and digestible in an evening."
Donald Grier Stephenson, Jr., Journal of Supreme Court History Show Less

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The Next Justice: Repairing the Supreme Court Appointments Process

Christopher L. Eisgruber

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