Supreme hubris : how overconfidence is destroying the court, and how we can fix it / Aaron Tang.
| Author/creator | Tang, Aaron author. |
| Format | Book |
| Publication | New Haven ; London : Yale University Press, [2023] |
| Description | viii, 316 pages : illustrations ; 23 cm |
| Subjects |
| Contents | Introduction -- Part one. The problem -- Distrust and democracy -- The partisanship trap -- Overconfidence -- The times they were a changin' -- Part two. The solution -- What we do when we don't know -- The least harm principle -- Rebuilding trust -- Backsliding -- The crossroads. |
| Abstract | "The Supreme Court, once the most respected institution in American government, is now routinely criticized for rendering decisions based on the individual justices' partisan leanings rather than on a faithful reading of the law. For legal scholar Aaron Tang, however, partisanship is not the Court's root problem. Overconfidence is. Conservative and liberal justices alike have adopted a tone of uncompromising certainty in their ability to solve society's problems with just the right lawyerly arguments. The result is a Court that lurches stridently from one case to the next, delegitimizing opposing views and undermining public confidence in itself. To restore the Court's legitimacy, Tang proposes a different approach to hard cases: a "least harm principle" under which the Court rules against the side with the greatest ability to avoid the harm it would suffer in defeat. Examining a surprising number of popular opinions where the Court has applied this approach, Tang shows how the least harm principle can provide a promising and legally grounded framework for the difficult cases that divide our nation"-- Dust jacket. |
| Bibliography note | Includes bibliographical references (pages 257-289) and index. |
| LCCN | 2022950685 |
| ISBN | 9780300264036 (hardcover : alk. paper) |
| ISBN | 0300264038 |
Availability
| Library | Location | Call Number | Status | Item Actions |
|---|---|---|---|---|
| Joyner | General Stacks | KF8748 .T354 2023 | ✔ Available | Place Hold |