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Few Supreme Court decisions have stirred up as much controversy,
vitriolic debate, and even violence as Roe v. Wade in 1973. Four
decades later, it remains a touchstone for the culture wars in the
United States and a pivot upon which much of our politics turns.
With that in mind, N. E. H. Hull and Peter Charles Hoffer have
taken stock of the abortion debates, controversies, and cases that
have emerged during the past decade in order to update their
best-selling book on this landmark case. As with the first two
editions, this book details the case's historical background;
highlights Roe v. Wade's core issues, essential personalities, and
key precedents; tracks the case's path through the courts;
clarifies the jurisprudence behind the Court's ruling in Roe;
assesses the impact of the presidential elections of George W. Bush
and Barack Obama along with the confirmations of Chief Justice John
Roberts, Justice Samuel Alito, Justice Sonia Sotomayor; and gauges
the case's impact on American society and subsequent challenges to
it in Webster v. Reproductive Health Services (1989), Planned
Parenthood v. Casey (1992), and Gonzales v. Carhart (2007). This
third updated edition also adds two completely new chapters
covering abortion politics and legal battles in Obama's second term
and Donald J. Trump's first term. The new material covers two
important cases in detail: Whole Woman's Health v. Hellerstedt
(2016) and June Medical Services, LLC v. Russo (2020). The cases
dealt with state laws-Texas and Louisiana, respectively-designed to
limit access to abortion by requiring doctors performing abortions
to have admission privileges at a state-authorized hospital within
thirty miles of the abortion clinic. In both cases the Court ruled
the laws unconstitutional, thus handing abortion rights' activists
key victories in the face of an increasingly conservative Court.
The new chapters also cover the confirmations of Justices Elena
Kagan, Neil Gorsuch, and Brett Kavanaugh as well as the heated
political environment surrounding the Court in the age of Trump.
Few Supreme Court decisions have stirred up as much controversy,
vitriolic debate, and even violence as Roe v. Wade in 1973. Four
decades later, it remains a touchstone for the culture wars in the
United States and a pivot upon which much of our politics turns.
With that in mind, N. E. H. Hull and Peter Charles Hoffer have
taken stock of the abortion debates, controversies, and cases that
have emerged during the past decade in order to update their
best-selling book on this landmark case. As with the first two
editions, this book details the case's historical background;
highlights Roe v. Wade's core issues, essential personalities, and
key precedents; tracks the case's path through the courts;
clarifies the jurisprudence behind the Court's ruling in Roe;
assesses the impact of the presidential elections of George W. Bush
and Barack Obama along with the confirmations of Chief Justice John
Roberts, Justice Samuel Alito, Justice Sonia Sotomayor; and gauges
the case's impact on American society and subsequent challenges to
it in Webster v. Reproductive Health Services (1989), Planned
Parenthood v. Casey (1992), and Gonzales v. Carhart (2007). This
third updated edition also adds two completely new chapters
covering abortion politics and legal battles in Obama's second term
and Donald J. Trump's first term. The new material covers two
important cases in detail: Whole Woman's Health v. Hellerstedt
(2016) and June Medical Services, LLC v. Russo (2020). The cases
dealt with state laws-Texas and Louisiana, respectively-designed to
limit access to abortion by requiring doctors performing abortions
to have admission privileges at a state-authorized hospital within
thirty miles of the abortion clinic. In both cases the Court ruled
the laws unconstitutional, thus handing abortion rights' activists
key victories in the face of an increasingly conservative Court.
The new chapters also cover the confirmations of Justices Elena
Kagan, Neil Gorsuch, and Brett Kavanaugh as well as the heated
political environment surrounding the Court in the age of Trump.
Just as the polls opened on November 5, 1872, Susan B. Anthony
arrived and filled out her "ticket" for the various candidates. But
before it could be placed in the ballot box, a poll watcher
objected, claiming her action violated the laws of New York and the
state constitution. Anthony vehemently protested that as a citizen
of the United States and the state of New York she was entitled to
vote under the Fourteenth Amendment. The poll watchers gave in and
allowed Anthony to deposit her ballots. Anthony was arrested,
charged with a federal crime, and tried in court. Primarily
represented within document collections and broader accounts of the
fight for woman suffrage, Anthony's controversial trial-as a
landmark narrative in the annals of American law-remains a
relatively neglected subject. N. E. H. Hull provides the first
book-length engagement with the legal dimensions of that narrative
and in the process illuminates the laws, politics, and
personalities at the heart of the trial and its outcome. Hull
summarises the woman suffrage movement in the post-Civil War era,
reveals its betrayal by former allies in the abolitionist movement,
and describes its fall into disarray. She then chronicles Anthony's
vote, arrest, and preliminary hearings, as well as the legal and
public relations manoeuvring in the run-up to the trial. She
captures the drama created by Anthony, her attorneys, the
politically ambitious prosecutor, and presiding judge-and Supreme
Court justice-Ward Hunt, who argued emphatically against Anthony's
interpretation of the Reconstruction Amendments as the source of
her voting rights. She then tracks further relevant developments in
the trial's aftermath-including Minor v. Happersett, another key
case for the voting rights of women-and follows the major players
through the eventual passage of the Nineteenth (or "Susan B.
Anthony") Amendment. Hull's concise and readable guide reveals a
story of courage and despair, of sisterhood and rivalry, of high
purpose and low politics. It also underscores for all of us how
Anthony's act of civil disobedience remains essential to our
understanding of both constitutional and women's history-and why it
all matters. This book is part of the Landmark Law Cases and
American Society series.
For more than two centuries, the U.S. Supreme Court has provided a
battleground for nearly every controversial issue in our nation's
history. Now a veteran team of talented historians-including the
editors of the acclaimed Landmark Law Cases and American Society
series-have updated the most readable, astute single-volume history
of this venerated institution with a new chapter on the Roberts
Court. The Supreme Court chronicles an institution that
dramatically evolved from six men meeting in borrowed quarters to
the most closely watched tribunal in the world. Underscoring the
close connection between law and politics, the authors highlight
essential issues, cases, and decisions within the context of the
times in which the decisions were handed down. Deftly combining
doctrine and judicial biography with case law, they demonstrate how
the justices have shaped the law and how the law that the Court
makes has shaped our nation, with an emphasis on how the Court
responded-or failed to respond-to the plight of the underdog. Each
chapter covers the Court's years under a specific Chief Justice,
focusing on cases that are the most reflective of the way the Court
saw the law and the world and that had the most impact on the lives
of ordinary Americans. Throughout the authors reveal how-in times
of war, class strife, or moral revolution-the Court sometimes
voiced the conscience of the nation and sometimes seemed to lose
its moral compass. Their extensive quotes from the Court's opinions
and dissents illuminate its inner workings, as well as the
personalities and beliefs of the justices and the often-contentious
relationships among them. Fair-minded and sharply insightful, The
Supreme Court portrays an institution defined by eloquent and
pedestrian decisions and by justices ranging from brilliant and
wise to slow-witted and expedient. An epic and essential story, it
illuminates the Court's role in our lives and its place in our
history in a manner as engaging for general readers as it is
rigorous for scholars.
For more than two centuries, the U.S. Supreme Court has provided a
battleground for nearly every controversial issue in our nation's
history. Now a veteran team of talented historians-including the
editors of the acclaimed Landmark Law Cases and American Society
series-have updated the most readable, astute single-volume history
of this venerated institution with a new chapter on the Roberts
Court. The Supreme Court chronicles an institution that
dramatically evolved from six men meeting in borrowed quarters to
the most closely watched tribunal in the world. Underscoring the
close connection between law and politics, the authors highlight
essential issues, cases, and decisions within the context of the
times in which the decisions were handed down. Deftly combining
doctrine and judicial biography with case law, they demonstrate how
the justices have shaped the law and how the law that the Court
makes has shaped our nation, with an emphasis on how the Court
responded-or failed to respond-to the plight of the underdog. Each
chapter covers the Court's years under a specific Chief Justice,
focusing on cases that are the most reflective of the way the Court
saw the law and the world and that had the most impact on the lives
of ordinary Americans. Throughout the authors reveal how-in times
of war, class strife, or moral revolution-the Court sometimes
voiced the conscience of the nation and sometimes seemed to lose
its moral compass. Their extensive quotes from the Court's opinions
and dissents illuminate its inner workings, as well as the
personalities and beliefs of the justices and the often-contentious
relationships among them. Fair-minded and sharply insightful, The
Supreme Court portrays an institution defined by eloquent and
pedestrian decisions and by justices ranging from brilliant and
wise to slow-witted and expedient. An epic and essential story, it
illuminates the Court's role in our lives and its place in our
history in a manner as engaging for general readers as it is
rigorous for scholars.
American legal history is traditionally viewed as a series of
schools of thought or landmark court decisions, not as the work of
individuals. Here, N. E. H. Hull tells the pivotal story of
American jurisprudence through two of its most influential shapers:
Karl Llewellyn, father of legal realism, poet, and mercurial
romantic, and Roscoe Pound, iron-willed leader of sociological
jurisprudence. These theorists adapted the legal profession to the
changing needs of twentieth-century America.
Through meticulous archival research, Hull shows how the
intellectual battles of the day took place against a network of
private and public relationships and demonstrates how Pound's and
Llewellyn's ideas of jurisprudence sprang from a kind of
intellectual bricolage, the pragmatic assemblage of parts rather
than the development of a unified whole, that is peculiarly
American. Humorous, engaging, and provocative, "Roscoe Pound and
Karl Llewellyn" uncovers the roots of American jurisprudence in the
lives of two of its most compelling figures.
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