Pardon power : how the pardon system works -- and why - Kim Wehle; John W. Dean, author of foreward.
"The president's power to pardon federal crimes is immense, with roots in ancient notions of mercy and amnesty. However, this power, seemingly boundless under the Constitution, lacks clear constraints, inviting concerns about abuse. Recent discussions in the U.S. Supreme Court have raised alarms about the potential for presidential abuse of pardons, highlighting the need for accountability within the pardon system to uphold the foundational premise that no one is above the law."--
On being American : the jurisprudence of Ruth Bader Ginsburg - Suzanne Reynolds and Shannon Gilreath, editors.
"In her work as an appellate judge, Justice Ginsburg translated this devotion into a jurisprudence focused on 'We the People,' substantively and procedurally. Substantively, Justice Ginsburg insisted that faithfully employed, the words of the Constitution supported an expansive understanding of who was included in 'We the People,' despite the framers' narrow understanding of the phrase when it appeared in the preamble to the Constitution. Expressed also as a jurisprudence of equality and opportunity, Justice Ginsburg believed that the phrase promised equal dignity for people despite their gender, gender identity, race, or disability. Procedurally, 'We the People' shaped Justice Ginsburg's approach to the process of deciding cases, guiding every step of her judicial process-the way she read the Constitution and statutes, approached voting issues, and analyzed the demands of the separation of powers, for example. While the substantive contours of 'We the People' have received the most attention, the full sweep of her jurisprudence appears also in the process she used in analyzing all issues. Justice Ginsburg's jurisprudence of 'We the People' became the ordering principle of this book, explaining both the book's title and its topics. Instead of a general survey of Justice Ginsburg's work, the book tells the story of an advocate and a jurist committed to increasing in material ways the bundle of rights we all carry around with us as Americans. As Linda Greenhouse explained in the Foreword, the story begins with Justice Ginsburg's commitment to an America that enables people with diverse experiences to live together in civic harmony. Justice Ginsburg believed that because the American experience involved living in community, the religious expression of some of us had to yield when the expression oppressed others of us in ways endangering that harmony"--
Stench : the making of the Thomas Court and the unmaking of America - David Brock
"A blistering expose of Clarence Thomas and the conservative regime of corruption that has usurped the Supreme Court -- by a Democratic activist and former Republican political operative. Public confidence in the Supreme Court has plummeted to new lows in the last few years -- and for good reason. In the past three decades, six conservative justices have gained a supermajority through questionable means: a dubious intervention in a presidential election, perjury during Senate testimony, and a GOP Senate Leader's unethical blockade of a Supreme Court nomination. Behind this strategic dismantling of our Supreme Court is a vast, well-funded political machine--backed by the extreme right-wing Federalist Society, the notoriously secretive Catholic organization Opus Dei, and GOP megadonors operating from behind closed doors. Armed with an insider's perspective from his time within the conservative movement, David Brock reveals how the efforts to stack the court in service of extreme right-wing interests stem from a decades-long strategy to weaponize our judicial system into an extension of the Republican party itself. Stench investigates the ethics scandals that surround Clarence Thomas and his wife, the rightwing activist Ginni Thomas, culling new material from Thomas' accusers, along with original reporting and Brock's first-hand knowledge of the inner workings of the GOP. Stench is a staggering expose, one that only Brock could write--exhaustive in its research and revelatory in its access to the world of what has effectively become the Thomas Court"--
Supreme bias : gender and race in U.S. Supreme Court confirmation hearings - Paul M. Collins, Lori Ringhand, and Christina Boyd
"In Supreme Bias, Christina L. Boyd, Paul M. Collins, Jr., and Lori A. Ringhand, present for the first time a comprehensive analysis of the dynamics of race and gender at the Supreme Court confirmation hearings held before the Senate Judiciary Committee. Drawing on their deep knowledge of the confirmation hearings, as well as rich new qualitative and quantitative evidence, the authors highlight how the women and people of color who have sat before the Committee have faced a significantly different confirmation process than their white, male colleagues. Despite being among the most qualified and well-credentialed lawyers of their respective generations, female nominees and nominees of color face more skepticism of their professional competence, are subjected to stereotype-based questioning, and are more frequently interrupted and described in less positive terms by senators. In addition to revealing the disturbing extent to which race and gender bias exists even at the highest echelon of U.S. legal power, this book also provides concrete suggestions for how that bias can be reduced in the future"--
Nine black robes : inside the Supreme Court's drive to the right and its historic consequences - Joan Biskupic
With unparalleled access to key players, a CNN senior legal analyst and Supreme Court expert provides an urgent and inside look at the history-making era of the Supreme Court during the Trump and post-Trump years, including its reversal of Roe v. Wade.;"Nine Black Robes displays the inner maneuverings among the Supreme Court justices that led to the seismic reversal of Roe v. Wade and a half century of women's abortion rights. Biskupic details how rights are stripped away or, alternatively as in the case of gun owners, how rights are expanded. Today's bench--with its conservative majority--is desperately ideological. The Court has been headed rightward and ensnared by its own intrigues for years, but the Trump appointments hastened the modern transformation. With unparalleled access to key players, Biskupic shows the tactics of each justice and reveals switched votes and internal pacts that typically never make the light of day, yet will have repercussions for generations to come"--
The anti-civil rights movement : affirmative action as wedge and weapon - Michael S. Collins.
"Collins views American society as being trapped in the so-called prisoner's dilemma. According to this classic piece of game theory, two prisoners whose interests would normally be aligned are put in a situation that compels them to betray their solidarity with each other. As Collins tells it, all of us are prisoners, and if we banded together we could create policies that would lead to a better, happier world. But those leading the Anti-Civil Rights Movement, such as Edward Blum, have repeatedly found ways to split coalitions-to pit marginalized groups against each others-whenever those coalitions have threatened the power of conservative elites to set the political and legal agenda. One of the central tools in the conservative arsenal has been affirmative action, which has had a long history of dividing the Asian American and Black American communities, going back to the anti-busing sentiment among Chinese Americans in San Francisco in the early 1970s. In 2013, the same year he helped gut the Voting Rights Act in the Shelby County v. Holder case, Blum created the Students for Fair Admissions and brought a suit against Harvard University for discriminating against Asian Americans-the latest in a long string of prisoner dilemmas designed to undermine social progress. Collins's groundbreaking work is a field guide to the personalities, funding, and dilemmas that characterize the war between the Civil Rights Movement and the Anti-Civil Rights Movement-between the forces represented, respectively, by Thurgood Marshall and the one who replaced him on the Supreme Court, Clarence Thomas. Reading this book helps readers better understand the battles that have been fought in the past, but also where the next fight might take place, and what might be necessary in order to win"--
"Ketanji Brown Jackson, the first Black woman ever appointed to the Supreme Court of the United States, chronicles her life story and her extraordinary path to becoming a jurist on America's highest court, in her inspiring, intimate memoir. In this unflinching account, Justice Jackson invites readers into her life and world, tracing her family's ascent from segregation to her confirmation as a Supreme Court Justice, within the span of one generation. Named 'Ketanji Onyika,' meaning 'Lovely One,' based on a suggestion from her aunt, a Peace Corps worker stationed in West Africa, Justice Jackson learned from her educator parents to take pride in her heritage. She describes her resolve as a young girl to honor this legacy and realize her dreams: from hearing stories of her grandparents and parents breaking barriers in the segregated South, to honing her voice in high school as an oratory champion and student body president, to graduating magna cum laude from Harvard, where she performed in musical theater and improv and participated in pivotal student organizations. Here, Justice Jackson pulls back the curtain, marrying the public record of her life with what is less known. She reveals what it takes to advance in the legal profession when most people in power don't look like you, and to reconcile a demanding career with the joys and sacrifices of marriage and motherhood. Through trials and triumphs, Justice Jackson's journey will resonate with dreamers everywhere, especially those who nourish outsized ambitions and refuse to be turned aside. This moving, openhearted tale will spread hope for a more just world, for generations to come"--
Not white enough : the long, shameful road to Japanese American internment - Lawrence Goldstone
"Not White Enough is a legal and political history of anti-Asian bigotry, beginning with the California Gold Rush and ending with the infamous Supreme Court decision that upheld the imprisonment without trial of more than 100,000 innocent Americans on the spurious grounds of national security. The book demonstrates how law and politics bled into each other for decades to enable two-tiered justice, brushing aside Constitutional guarantees of equality under law. Not White Enough examines each of the key Supreme Court decisions-Wong Kim Ark, Ozawa, and Thind, for example-as expressions of political will and not simply jurisprudence. The author chronicles the political history of racism that made Japanese internment almost inevitable, including the key role San Francisco mayors James D. Phelan and Eugene Schmitz, political boss Abe Ruef, and California attorney general Ulysses Webb played in instigating, for political convenience, some of the most egregious anti-Asian legislation"--
The transition : interpreting justice from Thurgood Marshall to Clarence Thomas - Daniel Kiel
"Every Supreme Court transition presents an opportunity for a shift in the balance of the third branch of American government, but the replacement of Thurgood Marshall with Clarence Thomas in 1991 proved particularly momentous. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. In The Transition, this most significant transition from 1953 to the present is explored through the lives and writings of the first two African American justices on Court, touching on the lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century. In their lives, Thurgood Marshall and Clarence Thomas experienced the challenge of living and learning in a world that had enslaved their relatives and that continued to subjugate members of their racial group. On the Court, their judicial writings--often in concurrences or dissents--richly illustrate the ways in which these two individuals embodied these crucial American (and African American) debates--on the balance between state and federal authority, on the government's responsibility to protect its citizens against discrimination, and on the best strategies for pursuing equality. The gap between Justices Marshall and Thomas on these questions cannot be overstated, and it reveals an extraordinary range of thought that has yet to be fully appreciated. The 1991 transition from Justice Marshall to Justice Thomas has had consequences that are still unfolding at the Court and in society. Arguing that the importance of this transition has been obscured by the relegation of these Justices to the sidelines of Supreme Court history, Daniel Kiel shows that it is their unique perspective as Black justices--the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans--that makes this succession echo across generations"--
Critical race judgments : rewritten U.S. court opinions on race and the law - Angela Onwuachi-Willig and Bennett Capers (editors)
"By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases {u2013} Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) {u2013} originally focused on race, many of the rewritten opinions {u2013} Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) {u2013} are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy."-- from publisher's website.
Second founding : an introduction to the Fourteenth Amendment - Ilan Wurman
"The standard public debate over the Fourteenth Amendment goes something like this. Critics of the Supreme Court's interpretations of the Fourteenth Amendment over the last several decades believe that the Court has used the Amendment's provisions for "due process of law" and "equal protection of the laws" as open-ended vehicles for judicial policymaking, whether on abortion or gay marriage or a host of other issues. Indeed, it is difficult for someone sympathetic to the result in the 2015 gay marriage case Obergefell v. Hodges to read the Court's opinion and get the feeling that what the Court is doing is law. The case was decided under the rather nebulous concept "substantive due process," the idea that the Fourteenth Amendment's injunction that no person shall be deprived of life, liberty, or property without due process of law is not merely about process as its terms might suggest, but also about "substance"--Namely, that the clause protects unwritten, unenumerated fundamental rights or prohibits arbitrary and oppressive legislation"--
Redistricting : the most political activity in America - Charles S. Bullock
"This authoritative overview of election redistricting at the congressional, state legislative, and local level provides offers an overview of redistricting for students and practitioners. The updated second edition pays special attention to the significant redistricting controversies of the last decade, from the Supreme Court to state courts"--
Japanese American cases : the rule of law in time of war - Roger Daniels
"After Pearl Harbor, President Roosevelt, claiming a never documented "military necessity," ordered the removal and incarceration of 120,000 Japanese Americans during World War II solely because of their ancestry. As Roger Daniels movingly describes, almost all reluctantly obeyed their government and went peacefully to the desolate camps provided for them. Daniels, however, focuses on four Nisei, second-generation Japanese Americans, who, aided by a handful of lawyers, defied the government and their own community leaders by challenging the constitutionality of the government's orders. The 1942 convictions of three men--Min Yasui, Gordon Hirabayashi, and Fred Korematsu--who refused to go willingly were upheld by the Supreme Court in 1943 and 1944. But a woman, Mitsuye Endo, who obediently went to camp and then filed for a writ of habeas corpus, won her case. The Supreme Court subsequently ordered her release in 1944, following her two and a half years behind barbed wire. Neither the cases nor the fate of law-abiding Japanese attracted much attention during the turmoil of global warfare; in the postwar decades they were all but forgotten. Daniels traces how, four decades after the war, in an America whose attitudes about race and justice were changing, the surviving Japanese Americans achieved a measure of political and legal justice. Congress created a commission to investigate the legitimacy of the wartime incarceration. It found no military necessity, but rather that the causes were "race prejudice, war hysteria, and a failure of political leadership." In 1982 it asked Congress to apologize and award $20,000 to each survivor. A bill providing that compensation was finally passed and signed into law in 1988. There is no way to undo a Supreme Court decision, but teams of volunteer lawyers, overwhelmingly Sansei--third-generation Japanese Americans--used revelations in 1983 about the suppression of evidence by federal attorneys to persuade lower courts to overturn ^the convictions of Hirabayashi and Korematsu. Daniels traces the continuing changes in attitudes since the 1980s about the wartime cases and offers a sobering account that resonates with present-day issues of national security and individual freedom"--;"Focuses on four Supreme Court cases involving Japanese Americans who were forcibly detained and relocated to interment camps in the early months of World War II, despite the absence of any charges or trials to address the validity of their implied guilt. Daniels, one of the acclaimed authorities on this subject, reminds us that Constitution promises much but does not always deliver when the nation is in crisis"--
Gerrymandering in America : the House of Representatives, the Supreme Court, and the future of popular sovereignty - Anthony J. McGann; Charles Anthony Smith; Michael Latner; Alex Keena
Gerrymandering in America : the House of Representatives, the Supreme Court, and the future of popular sovereignty-book
Supreme Court's role in mass incarceration - William T. Pizzi
"The Supreme Court's Role in Mass Incarceration illuminates the role of the United States Supreme Court's criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and the rate kept climbing for the next four decades despite the fact that the crime rate declined substantially, the author posits that part of the explanation is the Court's failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, ranging from the war on drugs to harsh sentencing statutes, and more. This book gives the reader a unique position from which to counter the problem of the high rate of incarceration by showing that when a trial system becomes too complicated and expensive, it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentences if convicted. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system"--
Slanted : how an Asian American troublemaker took on the Supreme Court - Simon Tam
"When Simon Tam started an American dance rock band called The Slants, he didn't realize that he was starting an entire movement around freedom of expression and discussions on identity. The band flipped stereotypes with their bombastic live shows and community activism. But when Simon applied to register a trademark on the band's name, the government dragged him all the way to the Supreme Court of the United States. [This book] is the story of an indomitable spirit who so believes in the idea of justice that he's willing to risk everything along the way for the dignity of self-identity. Simon provides a deeply personal account that will take you from anime conventions to the Surpreme Court, all in the name of justice. The story provides a raw look at our legal system with unflinching honesty and offers timely insights on freedom of speech, how to connect with others we disagree with, and the power of music."--
Principled stand : the story of Hirabayashi v. United States - Gordon K. Hirabayashi ; James A Hirabayashi ; Lane Ryo Hirabayashi
In 1943, University of Washington student Gordon Hirabayashi defied the curfew and mass removal of Japanese Americans on the West Coast, and was subsequently convicted and imprisoned as a result. In A Principled Stand, Gordon's brother James and nephew Lane have brought together his prison diaries and voluminous wartime correspondence to tell the story of Hirabayashi v. United States, the Supreme Court case that in 1943 upheld and on appeal in 1987 vacated his conviction. For the first time, the events of the case are told in Gordon's own words. The result is a compelling and intimate story that reveals what motivated him, how he endured, and how his ideals changed and deepened as he fought discrimination and defended his beliefs. A Principled Stand adds valuable context to the body of work by legal scholars and historians on the seminal Hirabayashi case. This engaging memoir combines Gordon's accounts with family photographs and archival documents as it takes readers through the series of imprisonments and court battles Gordon endured. Details such as Gordon's profound religious faith, his roots in student movements of the day, his encounters with inmates in jail, and his daily experiences during imprisonment give texture to his storied life.
Loving v. Virginia in a post-racial world : rethinking race, sex, and marriage - Rose Cuison Villazor ; Kevin Noble Maillard
In 1967, the US Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving v. Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a more critical approach to ask how Loving has influenced the 'loving' of America. How far have we come since then and what effect did the case have on individual lives?
Justice deferred : race and the Supreme Court - Orville Vernon Burton ; Armand Derfner
"In the first comprehensive account of the Supreme Court's race-related jurisprudence, a distinguished historian and a renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. Discussing nearly 200 cases in historical context, the authors show the Court can still help fulfill the nation's promise of equality for all"--
Blackballed : the Black vote and US democracy - Darryl Pinckney
Blackballed is Darryl Pinckney's meditation on a century and a half of Black participation in U.S. electoral politics. In this combination of memoir, historical narrative, and contemporary political and social analysis, he investigates the struggle for Black voting rights from Reconstruction through the civil rights movement, leading up to the election of Barack Obama as president. Interspersed throughout the historical narrative are Pinckney's own memories of growing up during the Civil Rights Era, his unsure grasp of the events he saw on television or heard discussed, and the reactions of his parents to the social changes that were taking place at the time and later to Obama's election. He concludes with an examination of the current state of electoral politics, the place of Blacks in the Democratic coalition, and the ongoing efforts by Republicans to suppress the Black vote, with particular attention to the Supreme Court's recent decision to strike down part of the Voting Rights Act of 1965 and what it may mean for the political influence of Black voters in future elections. Blackballed also includes 'What Black Means Now, ' an essay on the history of the Black middle class, stereotypes about Blacks and crime, and contemporary debates about 'post-Blackness' and breaking free of essentialist notions of being Black.