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The Company They Keep - How Partisan Divisions Came to the Supreme Court (Hardcover)
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The Company They Keep - How Partisan Divisions Came to the Supreme Court (Hardcover)
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Are Supreme Court justices swayed by the political environment that
surrounds them? The intuitive response of most is "yes," and most
point to trends in electoral politics as well as the nature of the
relationship between the three branches of government. It is not
that simple, however. As the eminent law and politics scholars Neal
Devins and Larry Baum show in The Company They Keep, justices today
are reacting to far more subtle social drivers than pressure from
other branches of government or mass public opinion. In particular,
by making use of social psychology, they examine why Justices are
apt to follow the lead of the elite social networks that they are a
part of. That is, the justices take cues primarily from the people
who are closest to them and whose approval they care most about:
political, social, and professional elites. The result is a court
in which the justices' ideological stances reflect the dominant
views in the appointing president's party. Devins and Baum argue
that today's partisanship on the Court is also tied to the
emergence of the conservative legal network-a social network that
reinforces the conservative leanings of Republican appointees. For
earlier Courts, elite social networks were not divided by political
party or ideology, but for today's Court, elite social networks are
largely bifurcated by partisan and ideological loyalties, and the
Justices reflect that bifurcation. A fascinating examination the
factors that impact decision-making, The Company They Keep will
reshape our understanding of the contemporary Supreme Court.
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