The Company They Keep: How Partisan Divisions Came to the Supreme Court

Are Supreme Court justices swayed by the political environment that surrounds them? Most people think "yes," and they point to the influence of the general public and the other branches of government on the Court. It is not that simple, however. As the eminent law and politics scholars Neal Devins and Lawrence Baum show in The Company They Keep, justices today are reacting far more to subtle social forces in their own elite legal world than to pressure from the other branches of government or mass public opinion. In particular, the authors draw from social psychology research to show why Justices are apt to follow the lead of the elite social networks that they are a part of. The evidence is strong: Justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and professional elites. In an era of strong partisan polarization, elite social networks are largely bifurcated by partisan and ideological loyalties, and the Justices reflect that division. The result is a Court in which the Justices' ideological stances reflect the dominant views in the appointing president's party. Justices such as Clarence Thomas and Ruth Bader Ginsburg live largely in a milieu populated by like-minded elites. Today's partisanship on the Court also stems from the emergence of conservative legal networks such as the Federalist Society, that reinforce the conservative leanings of Republican appointees. For the Warren and Burger Courts, elite social networks were dominated by liberal elites and not divided by political party or ideology. A fascinating examination of the factors that shape decision-making, The Company They Keep will reshape our understanding of how political polarization occurs on the contemporary Supreme Court.

Baum, Lawrence

Devins, Neal

Rules & Procedures

Oxford University Press

The Democratic Constitution

In this fascinating debunking of judicial supremacy, Devins and Fisher argue that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights. This highly readable narrative of how the Court and elected officials work in concert with the American people to shape constitutional values is an impressive affirmation of public participation in the political process.

Fisher, Louis

Constitutional Law

Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.

Are Supreme Court justices swayed by the political environment that surrounds them? Most people think "yes," and they point to the influence of the general public and the other branches of government on the Court. It is not that simple, however.\nAs the eminent law and politics scholars Neal Devins and Lawrence Baum show in 
The Company They Keep, justices today are reacting far more to subtle social forces in their own elite legal world than to pressure from the other branches of government or mass public opinion. In particular, the authors 
draw from social psychology research to show why Justices are apt to follow the lead of the elite social networks that they are a part of. The evidence is strong: Justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and 
professional elites. In an era of strong partisan polarization, elite social networks are largely bifurcated by partisan and ideological loyalties, and the Justices reflect that division. The result is a Court in which the Justices' ideological stances reflect the dominant views in the appointing 
president's party. Justices such as Clarence Thomas and Ruth Bader Ginsburg live largely in a milieu populated by like-minded elites. Today's partisanship on the Court also stems from the emergence of conservative legal networks such as the Federalist Society, that reinforce the conservative 
leanings of Republican appointees. For the Warren and Burger Courts, elite social networks were dominated by liberal elites and not divided by political party or ideology. A fascinating examination of the factors that shape decision-making, 
The Company They Keep will reshape our understanding of 
how political polarization occurs on the contemporary Supreme Court.

Consists of 33 case studies, each with a detailed introductory essay followed by edited selections of primary source materials, including legislative debates and hearings, presidential signing statements and executive orders, correspondence between justices, Supreme Court briefs, and oral arguments. Case studies average 10 pages in length. Includes Federalism in the 1990s; Boerne v. Flores; impeachment; the item veto; and Romer v. Evans. Cases on abortion, affirmative action, War Powers, and independent counsels, moreover, have been significantly rewritten to take political and doctrinal developments into account. Current through August 2000.

Political Dynamics of Constitutional Law

Thomson Learning

This coursebook contains 32 case studies that expose students to the interchange between the courts and the elected branches. Each case study begins with a detailed introductory essay followed by edited primary source materials, including legislative debates, presidential signing statements, and correspondence between Justices. The 5th edition includes a new case study on enemy combatants as well as significant revisions to case studies on gay rights, abortion, affirmative action, and women in the military.

Political Dynamics of Constitutional Law (Coursebook)

West Academic Publishing

Consists of 33 case studies, each with a detailed introductory essay followed by edited selections of primary source materials, including legislative debates and hearings, presidential signing statements and executive orders, correspondence between justices, Supreme Court briefs, and oral arguments. Case studies average 10 pages in length. Includes Federalism in the 1990s; Boerne v. Flores; impeachment; the item veto; and Romer v. Evans. Cases on abortion, affirmative action, War Powers, and independent counsels, moreover, have been significantly rewritten to take political and doctrinal developments into account. Current through August 2000.

Political Dynamics of Constitutional Law (American Casebook Series)

West Group

Political Dynamics of Constitutional Law is a different kind of constitutional law textbook. Unlike others, this book does not focus exclusively on Supreme Court decisions. It goes beyond that, showing how the Supreme Court is not the “final word” on the meaning of the Constitution. It features 39 case studies that demonstrate conclusively that the process is far more open-ended, with no one branch occupying an exclusive and dominant position. Each case study is written in an accessible and engaging style, including a detailed introductory essay as well as excerpts of briefs, oral arguments, presidential orders and signing statements, and legislative debates and reports. All excerpts are edited to make them highly readable. The book is completely up to date, featuring case studies on Affordable Care Act, same sex marriage, Obama and Trump immigration orders, and recess appointments as well as significant revisions to case studies on federalism, separation of powers, foreign affairs, privacy, and race. If you are looking for a different approach to teaching Constitutional Law, one that will interest students of all backgrounds and at all levels, this book provides a roadmap to do it.

Political Dynamics of Constitutional Law (Higher Education Coursebook)

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Books by Devins, Neal

See the best price to sell, buy, or rent books by Devins, Neal. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The Company They Keep: How Partisan Divisions Came to the Supreme Court

The Democratic Constitution

The Democratic Constitution

The Company They Keep: How Partisan Divisions Came to the Supreme Court

Political Dynamics of Constitutional Law

Political Dynamics of Constitutional Law (Coursebook)

Political Dynamics of Constitutional Law (American Casebook Series)

Political Dynamics of Constitutional Law (Higher Education Coursebook)