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When the Democrat-appointed Justice Ruth Bader Ginsburg criticized
Republican presidential nominee Donald Trump, she triggered
concerns about judicial ethics. But the political concerns were
even more serious. The Supreme Court is supposed to be what
Alexander Hamilton called "the least dangerous" branch of
government, because it is the least political. Justices have
lifetime appointments to ensure their "complete independence" when
deciding cases and controversies. But in the Roberts Court's most
contested and important rulings, it has divided along partisan
lines for the first time in American history: Republican presidents
appointed the conservatives, Democrats appointed the liberals.
Justice Ginsburg's criticisms suggested that partisan politics
drive the Court's most profound disagreements. Well-respected
political science supports that view. Has this partisan turn made
the Court less independent and less trustworthy than the nation
requires? The term ending in 2016 included more decisions and
developments in almost fifty years for analyzing this question.
Among them were major cases about abortion rights, the death
penalty, immigration, and other wedge issues, as well as the death
of Justice Antonin G. Scalia, leaving the Court evenly divided
between conservatives and liberals. Legal journalist Lincoln Caplan
dissects the recent term, puts it in historical context, and
recommends ways to strengthen trust in the Supreme Court as the
pinnacle of the American constitutional system.
In this unprecedented look at the culture of American lawyering,
Lincoln Caplan shows us Skadden's origins in the white-shoe postwar
legal world and its rise to preeminence in the era of Drexel
Burnham Lambert - the firm's largest client in the eighties.
Skadden is revealed as a place that prizes opportunists but which
also created a $10 million program to support public-interest
lawyers. In Caplan's probing and even-handed account, the story of
Joe Flom's firm illuminates an era in America business and
society.
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