The authors analyze abortion and death penalty decisions by the Supreme Court and argue that they provide prime examples of abrupt legal change. After proposing that the strength of legal arguments has at least as much impact on Court decisions as do public opinion and justices' political beliefs, they focus on the way litigators propel certain issues onto the Court's agenda and seek to persuade the justices to affect legal change.
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Editorial Reviews
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A rich and useful account of the voting patterns in the Supreme Court . . . in two politically contentious areas.
Law and Politics Book Review
Epstein and Kobylka provide an equally perceptive treatment of Roe and its progeny.
Legal Studies Forum
A groundbreaking look at the key role played by 'friends of the court' in affecting doctrinal change at the Supreme Court.
Tony Mauro, Supreme Court correspondent for USA Today and Supreme Court columnist for Legal Times
An important contribution to our understanding of the dynamics and consequences of interest group litigation in the Supreme Court.
Gregory Caldeira, Ohio State University
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More About the Author
Lee Epstein is the Edward Mallinckrodt Distinguished University Professor of Political Science and Professor of Law at Washington University and a Fellow of the American Academy of Political and Social Science. She has authored, co-authored, or edited over seventy articles and essays and thirteen books.
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Inside This Book
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First Sentence:
Hyperbole? Perhaps. But surely, over the past half century or so, it is incontestable that the U.S. Supreme Court has spoken authoritatively on an increasing number of significant issues of public policy and, in the opinion of many, has entered decisively the political fray once largely reserved for the elected branches of government. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
unduly burdensome standard, abortion litigation, abolitionist attorneys, standardless sentencing, unitary trials, state capital cases, doctor conviction, death penalty campaign, trimester scheme, existing abortion laws, death row populations, human life amendment, death penalty litigation, guided discretion, sentencing standards, death penalty legislation, acting solicitor general, group litigation, litigation campaign, bifurcated trial, abortion advocates, capital punishment cases, amicus curiae briefs, restrictive abortion laws, abortion cases Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Planned Parenthood, North Carolina, New York Times, Fourteenth Amendment, Warren Court, First Amendment, Ninth Amendment, Ronald Reagan, Eighth Circuit, Reproductive Health Services, American Civil Liberties Union, Burger Court, National Right, Richard Nixon, Solicitor General Lee, American Ethical Union, Life Committee, New Jersey, American Medical Association, Federalist Papers, Robert Bork, South Dakota, White House, American Association of University Women New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Hyperbole? Perhaps. But surely, over the past half century or so, it is incontestable that the U.S. Supreme Court has spoken authoritatively on an increasing number of significant issues of public policy and, in the opinion of many, has entered decisively the political fray once largely reserved for the elected branches of government. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
unduly burdensome standard, abortion litigation, abolitionist attorneys, standardless sentencing, unitary trials, state capital cases, doctor conviction, death penalty campaign, trimester scheme, existing abortion laws, death row populations, human life amendment, death penalty litigation, guided discretion, sentencing standards, death penalty legislation, acting solicitor general, group litigation, litigation campaign, bifurcated trial, abortion advocates, capital punishment cases, amicus curiae briefs, restrictive abortion laws, abortion cases Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Planned Parenthood, North Carolina, New York Times, Fourteenth Amendment, Warren Court, First Amendment, Ninth Amendment, Ronald Reagan, Eighth Circuit, Reproductive Health Services, American Civil Liberties Union, Burger Court, National Right, Richard Nixon, Solicitor General Lee, American Ethical Union, Life Committee, New Jersey, American Medical Association, Federalist Papers, Robert Bork, South Dakota, White House, American Association of University Women New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 79
books:
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23
books
cite this book:
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- Abortion and the Constitution: Reversing Roe V. Wade Through the Courts by Dennis J. Horan in Back Matter (1), Back Matter (2), and Back Matter (3)
- Perspectives on Abortion by Paul Sachdev in Back Matter (1), and Back Matter (2)
- The Process of Government: A Study of Social Pressures by Arthur Fisher Bentley on page 25, and Back Matter
- Cruel and Unusual: The Supreme Court and Capital Punishment by Michael Meltsner on page 44, and Back Matter
- Money and politics in the United States: Financing elections in the 1980s by Michael J. Malbin in Back Matter (1), and Back Matter (2)
See all 79 books this book cites
- The Supreme Court and Constitutional Theory, 1953-1993 by Ronald Kahn in Back Matter (1), Back Matter (2), and Back Matter (3)
- The Chief Justiceship of Warren Burger, 1969-1986 (Chief Justiceships of the United States Supreme Court) by Earl M. Maltz on page 161, page 258, and Back Matter
- The Use of Social Science Data in Supreme Court Decisions by Rosemary J Erickson in Front Matter, page 36, and Back Matter
- Same-Sex Marriage and the Constitution by Evan Gerstmann on page 178, and Back Matter
- Constitutional Change in the United States: A Comparative Study of the Role of Constitutional Amendments, Judicial Interpretations, and Legislative and Executive Actions by John R. Vile on page 49, and Back Matter
See all 23 books citing this book
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