"In this well-written and carefully documented book Professor
Gottlieb contends that the conservative direction of this court is
so strong that it is impossible for the poor and less fortunate to
receive proper consideration and, ultimately, redress."
"--New York Law Journal"
We like to think of judges and justices as making decisions
based on the facts and the law. But to what extent do jurists
decide cases in accordance with their own preexisting philosophy of
law, and what specific ideological assumptions account for their
decisions?
Stephen E. Gottlieb adopts a unique perspective on the
decision-making of Supreme Court justices, blending and
re-characterizing traditional accounts of political philosophy in a
way that plausibly explains many of the justices' voting
patterns.
A seminal study of the Rehnquist Court, Morality Imposed
illustrates how, in contrast to previous courts which took their
mandate to be a move toward a freer and/or happier society, the
current court evidences little concern for this goal, focusing
instead on thinly veiled moral judgments. Delineating a fault line
between liberal and conservative justices on the Rehnquist Court,
Gottlieb suggests that conservative justices have rejected the
basic principles that informed post-New Deal individual rights
jurisprudence and have substituted their own conceptions of moral
character for these fundamental principles.
Morality Imposed adds substantially to our understanding of the
Supreme Court, its most recent cases, and the evolution of judicial
philosophy in the U.S.
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