Industrial-Sized Deals TextBTS15 Shop Women's Handbags Learn more nav_sap_plcc_6M_fly_beacon $5 Albums Fire TV Stick Subscribe & Save Find the Best Purina Pro Plan for Your Pet Shop Popular Services tmnt tmnt tmnt  Amazon Echo Starting at $99 Kindle Voyage Metal Gear Solid 5 Shop Back to School with Amazon Back to School with Amazon Outdoor Recreation Deal of the Day
In the Balance: Law and Politics on the Roberts Court and over one million other books are available for Amazon Kindle. Learn more

In the Balance: Law and Politics on the Roberts Court 1st Edition

7 customer reviews
ISBN-13: 978-0393073447
ISBN-10: 0393073440
Why is ISBN important?
ISBN
This bar-code number lets you verify that you're getting exactly the right version or edition of a book. The 13-digit and 10-digit formats both work.
Scan an ISBN with your phone
Use the Amazon App to scan ISBNs and compare prices.
Have one to sell? Sell on Amazon
Buy used
$13.99
Buy new
$19.28
More Buying Choices
35 New from $6.49 25 Used from $3.04 2 Collectible from $24.50
Free%20Two-Day%20Shipping%20for%20College%20Students%20with%20Amazon%20Student


InterDesign Brand Store Awareness Rent Textbooks
$19.28 FREE Shipping on orders over $35. In Stock. Ships from and sold by Amazon.com. Gift-wrap available.

Frequently Bought Together

In the Balance: Law and Politics on the Roberts Court + Uncertain Justice: The Roberts Court and the Constitution + Scalia: A Court of One
Price for all three: $61.96

Buy the selected items together

Editorial Reviews

From Booklist

During his confirmation hearing, Chief Justice John Roberts described his role as a neutral umpire, applying the law without bias. Associate Justice Elena Kagan, however, stated that judges have the leeway to judge. Barack Obama, in discussing his criteria for judicial selections, spoke of the 5 percent of cases where the law is vague and judges must show the necessary “heart.” Of course, within that 5 percent are the politically and emotionally charged cases that have divided both the Supreme Court and the nation. Tushnet, a law professor at Harvard, examines how the Roberts court copes with some of these cases, ranging over issues of abortion, civil rights, gay rights, and Obamacare. Although noting the occasional unpredictability of justices, he makes clear that this is a politically and ideologically divided court that operates within, rather than above, national political debate and controversy. Tushnet effectively demolishes the concept that these cases are divided “on the legal merits,” which makes clear why appointments to the court are now such a vital power of the executive branch. --Jay Freeman

About the Author

Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School and the author of A Court Divided: The Rehnquist Court and the Future of Constitutional Law. He divides his time between Washington, DC, and Cambridge, Massachusetts.

NO_CONTENT_IN_FEATURE


Best Books of the Month
Best Books of the Month
Want to know our Editors' picks for the best books of the month? Browse Best Books of the Month, featuring our favorite new books in more than a dozen categories.

Product Details

  • Hardcover: 352 pages
  • Publisher: W. W. Norton & Company; 1 edition (September 30, 2013)
  • Language: English
  • ISBN-10: 0393073440
  • ISBN-13: 978-0393073447
  • Product Dimensions: 6.5 x 1.2 x 9.6 inches
  • Shipping Weight: 1.4 pounds (View shipping rates and policies)
  • Average Customer Review: 3.7 out of 5 stars  See all reviews (7 customer reviews)
  • Amazon Best Sellers Rank: #158,903 in Books (See Top 100 in Books)

More About the Author

Discover books, learn about writers, read author blogs, and more.

Customer Reviews

Most Helpful Customer Reviews

5 of 6 people found the following review helpful By DAG on November 8, 2013
Format: Kindle Edition
This book provides a fascinating look into the workings of the Roberts Court over the past few years. Tushnet explores the legal arguments and political maneuverings behind cases involving issues such as Obamacare, gun rights, affirmative action, free speech and campaign finance. He also provides insight into the judicial appointment process and describes how conservatives have managed to develop a legal theory that has come to dominate US constitutional jurisprudence. The book is written in clear and plain language, and is highly readable.

Tushnet's central thesis is that the outcome of politically controversial cases cannot simply be attributed to the justices' politics. This is because it is sometimes unclear whether a particular outcome will benefit the Republicans or the Democrats. His argument is that some cases are better understood as having been decided on the judges' view of the legal merits, which is in turn shaped by their judicial philosophies. While these philosophies could be described as being "conservative" or "liberal" in nature, the application of these philosophies in particular cases sometimes produces results that deviate from the corresponding partisan agenda of the day.

However, it is not entirely clear why Tushnet thinks that the Supreme Court is or will be shaped by a battle for intellectual dominance between Roberts and Kagan. He provides little support for this hypothesis - in most of the cases he cites, there is no evidence that Kagan played a leading role in pulling the votes or marshaling the arguments for the liberal camp.
Read more ›
Comment Was this review helpful to you? Yes No Sending feedback...
Thank you for your feedback. If this review is inappropriate, please let us know.
Sorry, we failed to record your vote. Please try again
2 of 3 people found the following review helpful By Ronald H. Clark VINE VOICE on February 11, 2014
Format: Hardcover Verified Purchase
A new book on the Supreme Court by Mark Tushnet is always something to look forward to reading. This volume is no exception. Tushnet, now at Harvard Law School after many years at Georgetown, is one of the most perceptive and informative students of the Court now writing. He shares some important insights in this study. One of his most interesting findings is that the Roberts' Court going forward will involve intense competition between the Chief and Justice Kagan for control of the Court. While as is to be expected Tushnet covers much of the same ground as Marcia Coyle in her recent excellent book, he does so in unique ways and from different perspectives so that his book is no rerun.

First off is an excellent discussion of the Obamacare decision and what may have motivated Roberts' surprising vote to uphold. Tushnet suggests that Roberts had not made up his mind by the time he had to vote, rather than as many argue he changed his vote for whatever reason. Many of us feel, however, his vote was an effort to avoid the Court receiving a massive "blackeye" had a bristling conservative decision terminated the statute. But all of this is thoroughly examined by Tushnet, who finds the tax rationale "plausible." A chapter is next devoted to the importance of appointments. The Roberts Court really began to take shape with the appointments of Alito and Sotomayor. And it is one of the author's persistent themes that the character of new appointments to the Court plays the major role in shaping its decisions. Given the issue of whether the Democrats will maintain control of the Senate after the 2014 midterms, this point is particularly significant.
Read more ›
Comment Was this review helpful to you? Yes No Sending feedback...
Thank you for your feedback. If this review is inappropriate, please let us know.
Sorry, we failed to record your vote. Please try again
0 of 1 people found the following review helpful By Jaime Riera Seivane on May 2, 2014
Format: Kindle Edition Verified Purchase
It is an easy reading for those non-attorney in order to understand our judicial system. Prof. Tushnet explains thoroughly the Roberts Court in those cases that detour from the Warren Court or liberal view of some justices. I strongly recommend this book now more than ever since the latest cases decided on political parties money contributions, free speech, affirmative action, and TV Broadcasting (Aereo case).
Comment Was this review helpful to you? Yes No Sending feedback...
Thank you for your feedback. If this review is inappropriate, please let us know.
Sorry, we failed to record your vote. Please try again
1 of 3 people found the following review helpful By W. P. McCrone on January 31, 2014
Format: Hardcover Verified Purchase
Mark Tushnet, a one time law clerk in the Supreme Court, is an outstanding Constitutional scholar who is able to convey fascinating insights about complicated issues in a manner that is engaging for lawyers AND non-lawyers. His writing is superb. It feels like he is in the room with the reader. Tushnet is able to connect the Roberts Supreme Court dots with depth. By the end of the book the reader has a sense of the personal "chemistry" and trajectories of the Roberts Court.
Comment Was this review helpful to you? Yes No Sending feedback...
Thank you for your feedback. If this review is inappropriate, please let us know.
Sorry, we failed to record your vote. Please try again

Set up an Amazon Giveaway

Amazon Giveaway allows you to run promotional giveaways in order to create buzz, reward your audience, and attract new followers and customers. Learn more
In the Balance: Law and Politics on the Roberts Court
This item: In the Balance: Law and Politics on the Roberts Court
Price: $19.28
Ships from and sold by Amazon.com

What Other Items Do Customers Buy After Viewing This Item?

Want to discover more products? Check out these pages to see more: simple rules for a complex world, la balance, roberts court, act of valor