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 a new and better manner of
deliberating about who should serve on the Court--an approach that
puts the burden on nominees to show that their judicial
philosophies and politics are acceptable to senators and citizens
alike. And he makes a new case for the virtue of judicial
moderates.
Long on partisan rancor and short on serious discussion, today's
appointments process reveals little about what kind of judge a
nominee might make. Eisgruber argues that the solution is to
investigate how nominees would answer a basic question about the
Court's role: When and why is it beneficial for judges to trump the
decisions of elected officials? Through an examination of the
politics and history of the Court, Eisgruber demonstrates that
pursuing this question would reveal far more about nominees than do
other tactics, such as investigating their views of specific
precedents or the framers' intentions.
Written with great clarity and energy, "The Next Justice"
provides a welcome exit from the uninformative political theater of
the current appointments process.
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