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The Company They Keep - How Partisan Divisions Came to the Supreme Court (Paperback)
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The Company They Keep - How Partisan Divisions Came to the Supreme Court (Paperback)
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Are Supreme Court justices swayed by the political environment that
surrounds them? Most people think "yes," and they point to the
influence of the general public and the other branches of
government on the Court. It is not that simple, however. As the
eminent law and politics scholars Neal Devins and Lawrence Baum
show in The Company They Keep, justices today are reacting far more
to subtle social forces in their own elite legal world than to
pressure from the other branches of government or mass public
opinion. In particular, the authors draw from social psychology
research to show why Justices are apt to follow the lead of the
elite social networks that they are a part of. The evidence is
strong: Justices take cues primarily from the people who are
closest to them and whose approval they care most about: political,
social, and professional elites. In an era of strong partisan
polarization, elite social networks are largely bifurcated by
partisan and ideological loyalties, and the Justices reflect that
division. The result is a Court in which the Justices' ideological
stances reflect the dominant views in the appointing president's
party. Justices such as Clarence Thomas and Ruth Bader Ginsburg
live largely in a milieu populated by like-minded elites. Today's
partisanship on the Court also stems from the emergence of
conservative legal networks such as the Federalist Society, that
reinforce the conservative leanings of Republican appointees. For
the Warren and Burger Courts, elite social networks were dominated
by liberal elites and not divided by political party or ideology. A
fascinating examination of the factors that shape decision-making,
The Company They Keep will reshape our understanding of how
political polarization occurs on the contemporary Supreme Court.
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