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| merrick garland federalist society: The Federalist Society Michael Avery, Danielle McLaughlin, 2021-04-30 Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House. Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies. The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on • regulation of business and private property • race and gender discrimination and affirmative action • personal sexual autonomy, including abortion and gay rights • American exceptionalism and international law |
| merrick garland federalist society: Justice on the Brink Linda Greenhouse, 2021-11-09 The gripping story of the Supreme Court’s transformation from a measured institution of law and justice into a highly politicized body dominated by a right-wing supermajority, told through the dramatic lens of its most transformative year, by the Pulitzer Prize–winning law columnist for The New York Times “A dazzling feat . . . meaty, often scintillating and sometimes scary . . . Greenhouse is a virtuoso of SCOTUS analysis.”—The Washington Post In Justice on the Brink, legendary journalist Linda Greenhouse gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect. In a page-turning narrative, she recounts the twelve months when the court turned its back on its legacy and traditions, abandoning any effort to stay above and separate from politics. With remarkable clarity and deep institutional knowledge, Greenhouse shows the seeds being planted for the court’s eventual overturning of Roe v. Wade, expansion of access to guns, and unprecedented elevation of religious rights in American society. Both a chronicle and a requiem, Justice on the Brink depicts the struggle for the soul of the Supreme Court, and points to the future that awaits all of us. |
| merrick garland federalist society: Supreme Ambition Ruth Marcus, 2020-11-17 The Washington Post journalist and legal expert Ruth Marcus goes behind the scenes to document the inside story of the Brett Kavanaugh confirmation battle and the Republican plot to take over the Supreme Court—thirty years in the making—in this “impressively reported, highly insightful, and rollicking good read” (The New York Times Book Review). In the summer of 2018 the Kavanaugh drama unfolded so fast it seemed to come out of nowhere. With the power of the #MeToo movement behind her, a terrified but composed Christine Blasey Ford walked into a Senate hearing room to accuse Kavanaugh of sexual assault. This unleashed unprecedented fury from a Supreme Court nominee who accused Democrats of a “calculated and orchestrated political hit.” But behind this showdown was a much bigger one. The Washington Post journalist and legal expert Ruth Marcus documents the thirty-year mission by conservatives to win a majority on the Supreme Court and the lifelong ambition of Brett Kavanaugh to secure his place in that victory. The reporting in Supreme Ambition is full of revealing and weighty headlines, as Marcus answers the most pressing questions surrounding this historical moment: How did Kavanaugh get the nomination? Was Blasey Ford’s testimony credible? What does his confirmation mean for the future of the court? Were the Democrats outgunned from the start? On the way, she uncovers secret White House meetings, intense lobbying efforts, private confrontations on Capitol Hill, and lives forever upended on both coasts. This “extraordinarily detailed” (The Washington Post) page-turner traces how Brett Kavanaugh deftly maneuvered to become the nominee and how he quashed resistance from Republicans and from a president reluctant to reward a George W. Bush loyalist. It shows a Republican party that had concluded Kavanaugh was too big to fail, with senators and the FBI ignoring potentially devastating evidence against him. And it paints a picture of Democratic leaders unwilling to engage in the no-holds-barred partisan warfare that might have defeated the nominee. In the tradition of The Brethren and The Power Broker, Supreme Ambition is the definitive account of a pivotal moment in modern history, one that will shape the judicial system of America for generations to come. |
| merrick garland federalist society: Supreme Disorder Ilya Shapiro, 2020-09-22 NAMED ONE OF THE BEST BOOKS OF 2021: POLITICS BY THE WALL STREET JOURNAL A must-read for anyone interested in the Supreme Court.—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order. |
| merrick garland federalist society: Ideas with Consequences Amanda Hollis-Brusky, 2015 Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level. |
| merrick garland federalist society: Confirmation Bias Carl Hulse, 2020-06-16 This account of the machinations following Justice Antonin Scalia’s death, and their damaging effects, is “a gripping tale of insider Washington” (The Boston Globe). In this book, the Chief Washington Correspondent for the New York Times provides a richly detailed, news-breaking, and conversation-changing look at the unprecedented political fight to fill the Supreme Court seat made vacant by Antonin Scalia’s death—using it to explain the paralyzing and all but irreversible dysfunction across all three branches in the nation’s capital. The embodiment of American conservative jurisprudence, Scalia cast an expansive shadow over the Court for three decades. His unexpected death in February 2016 created a vacancy that precipitated a pitched political fight that would change not only the tilt of the court, but the course of American history. It would help decide a presidential election, fundamentally alter longstanding protocols of the Senate, and transform the Supreme Court—which has long held itself as a neutral arbiter above politics—into another branch of the federal government riven by partisanship. In an unheard-of development, Senate Majority Leader Mitch McConnell refused to give Democratic President Barack Obama’s nominee, Merrick Garland, a confirmation hearing. Not one Republican in the Senate would meet with him. Scalia’s seat would be held open until Donald Trump’s nominee, Neil M. Gorsuch, was confirmed in April 2017. Hulse tells the story of this battle to control the Court through exclusive interviews with McConnell, Harry Reid, Chuck Schumer, and other top officials, Trump campaign operatives, court activists, and legal scholars, as well as never-before-reported details. Confirmation Bias provides much-needed context, revisiting the judicial wars of recent decades to show how they led to our current polarization. He examines the politicization of the federal bench and the implications for public confidence in the courts, and takes us behind the scenes to explore how many long-held democratic norms and entrenched bipartisan procedures have been erased across all three branches of government. Includes a new afterword “An absorbing, if dispiriting, look at the maneuverings of inside players like McConnell and Donald McGahn, Trump’s first White House counsel, and outside advocates like Leonard Leo of the Federalist Society, who appears to have steered judicial selection as much as anyone in the White House.” —The Washington Post |
| merrick garland federalist society: Hatchet Man Elie Honig, 2022-05-03 NATIONAL BESTSELLER “Elie Honig has written much more than a compelling takedown of an unfit attorney general; he also offers a blueprint for how impartial and apolitical justice should be administered in America.”—Preet Bharara “An essential analysis for anyone committed to understanding the abuses of the Trump administration so we can ensure they never happen again.”—Joyce White Vance “Essential reading for all who cherish the rule of law in America.”—George Conway Written with all the color and pacing of a legal thriller.—Variety CNN Senior Legal Analyst Elie Honig exposes William Barr as the most corrupt attorney general in modern U.S. history, with stunning new scandals bubbling to the surface even after Barr's departure from office. In Hatchet Man, former federal prosecutor Elie Honig uncovers Barr’s unprecedented abuse of power as Attorney General and the lasting structural damage done to the Justice Department. Honig uses his own experience as a prosecutor at DOJ to show how, as America’s top law enforcement official, Barr repeatedly violated the Department’s written rules, and those vital, unwritten norms and principles that comprise the “prosecutor’s code.” Barr was corrupt from the beginning. His first act as AG was to distort the findings of Special Counsel Robert Mueller, earning a public rebuke for his dishonesty from Mueller himself and, later, from a federal judge. Then, Barr tried to manipulate the law to squash a whistleblower’s complaint about Trump’s dealings with Ukraine—the report that eventually led to Trump’s first impeachment. Barr later intervened in an unprecedented manner to undermine his own DOJ prosecutors on the cases of Michael Flynn and Roger Stone, both political allies of the President. And then Barr fired the U.S. Attorney for the Southern District of New York under false pretenses. Finally, Barr amplified baseless theories about massive mail-in ballot fraud, pouring gasoline on the dumpster fire battle over the 2020 election results and contributing to the January 6 insurrection that led to Trump’s second impeachment. In Hatchet Man, Honig proves that Barr trampled the two core virtues that have long defined the department and its mission: credibility and independence – ultimately in service of his own deeply-rooted, extremist legal and personal beliefs. Honig shows how Barr corrupted the Justice Department and explains what we must do to prevent this from ever happening again. |
| merrick garland federalist society: The Chief Joan Biskupic, 2019-03-26 An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court. |
| merrick garland federalist society: Captured Sheldon Whitehouse, 2017-02-21 A U.S. senator, leading the fight against money in politics, chronicles the long shadow corporate power has cast over our democracy In Captured, U.S. Senator and former federal prosecutor Sheldon Whitehouse offers an eye-opening take on what corporate influence looks like today from the Senate Floor, adding a first-hand perspective to Jane Mayer’s Dark Money. Americans know something is wrong in their government. Senator Whitehouse combines history, legal scholarship, and personal experiences to provide the first hands-on, comprehensive explanation of what's gone wrong, exposing multiple avenues through which our government has been infiltrated and disabled by corporate powers. Captured reveals an original oversight by the Founders, and shows how and why corporate power has exploited that vulnerability: to strike fear in elected representatives who don’t “get right” by threatening million-dollar dark money election attacks (a threat more effective and less expensive than the actual attack); to stack the judiciary—even the Supreme Court—in business-friendly ways; to capture” the administrative agencies meant to regulate corporate behavior; to undermine the civil jury, the Constitution's last bastion for ordinary citizens; and to create a corporate alternate reality on public health and safety issues like climate change. Captured shows that in this centuries-long struggle between corporate power and individual liberty, we can and must take our American government back into our own hands. |
| merrick garland federalist society: Justice on Trial Mollie Hemingway, Carrie Severino, 2019-07-09 #1 NATIONAL BESTSELLER! Justice Anthony Kennedy slipped out of the Supreme Court building on June 27, 2018, and traveled incognito to the White House to inform President Donald Trump that he was retiring, setting in motion a political process that his successor, Brett Kavanaugh, would denounce three months later as a “national disgrace” and a “circus.” Justice on Trial, the definitive insider’s account of Kavanaugh’s appointment to the Supreme Court, is based on extraordinary access to more than one hundred key figures—including the president, justices, and senators—in that ferocious political drama. The Trump presidency opened with the appointment of Neil Gorsuch to succeed the late Antonin Scalia on the Supreme Court. But the following year, when Trump drew from the same list of candidates for his nomination of Brett Kavanaugh, the justice being replaced was the swing vote on abortion, and all hell broke loose. The judicial confirmation process, on the point of breakdown for thirty years, now proved utterly dysfunctional. Unverified accusations of sexual assault became weapons in a ruthless campaign of personal destruction, culminating in the melodramatic hearings in which Kavanaugh’s impassioned defense resuscitated a nomination that seemed beyond saving. The Supreme Court has become the arbiter of our nation’s most vexing and divisive disputes. With the stakes of each vacancy incalculably high, the incentive to destroy a nominee is nearly irresistible. The next time a nomination promises to change the balance of the Court, Hemingway and Severino warn, the confirmation fight will be even uglier than Kavanaugh’s. A good person might accept that nomination in the naïve belief that what happened to Kavanaugh won’t happen to him because he is a good person. But it can happen, it does happen, and it just happened. The question is whether America will let it happen again. |
| merrick garland federalist society: The Schoolhouse Gate Justin Driver, 2019-08-06 A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again. |
| merrick garland federalist society: Supreme Court Confirmation Hearings and Constitutional Change Paul M. Collins, Lori A. Ringhand, 2013-06-24 This book demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional change. |
| merrick garland federalist society: Antitrust Counseling and Litigation Techniques , |
| merrick garland federalist society: Hamilton and the Law Lisa A. Tucker, 2020-10-15 Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in American civics. Hamilton and the Law offers a revealing look into the legal community's response to the musical, which continues to resonate in a country still deeply divided about the reach of the law. A star-powered cast of legal minds—from two former U.S. solicitors general to leading commentators on culture and society—contribute brief and engaging magazine-style articles to this lively book. Intellectual property scholars share their thoughts on Hamilton's inventive use of other sources, while family law scholars explore domestic violence. Critical race experts consider how Hamilton furthers our understanding of law and race, while authorities on the Second Amendment discuss the language of the Constitution's most contested passage. Legal scholars moonlighting as musicians discuss how the musical lifts history and law out of dusty archives and onto the public stage. This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different. |
| merrick garland federalist society: Supreme Inequality Adam Cohen, 2021-02-23 “With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all. |
| merrick garland federalist society: 51 Imperfect Solutions Judge Jeffrey S. Sutton, 2018-05-07 When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform. |
| merrick garland federalist society: The Living Constitution David A. Strauss, 2010-05-19 Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, living Constitution effectively rendered the Constitution useless. He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century. |
| merrick garland federalist society: The Cynic Alec MacGillis, 2014-12-23 From a dogged political reporter, an investigation into the political education of Mitch McConnell and an argument that this powerful Senator embodies much of this country’s political dysfunction. Based on interviews with more than seventy-five people who have worked alongside Mitch McConnell or otherwise interacted with him over the course of his career, The Cynic is both a comprehensive biography of one of this country’s most powerful politicians and a damning diagnosis of this country's eroding political will. Tracing his rise from a pragmatic local official in Kentucky to the leader of the Republican opposition in Washington, the book tracks McConnell’s transformation from a moderate Republican who supported abortion rights and public employee unions to the embodiment of partisan obstructionism and conservative orthodoxy on Capitol Hill. Driven less by a shift in ideological conviction than by a desire to win elections and stay in power at all costs, McConnell’s transformation exemplifies the “permanent campaign” mindset that has come to dominate American government. From his first race for local office in 1977—when the ad crew working on it nicknamed McConnell “love-me-love-me” for his insecurity and desire to please—to his fraught accommodation of the Tea Party, McConnell’s political career is a story of ideological calcification and a vital mirror for understanding this country’s own political development and what is wrought when politicians serve not at the behest of country, but at the behest of party and personal aggrandizement. |
| merrick garland federalist society: Our Republican Constitution Randy E. Barnett, 2016-04-19 A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena. |
| merrick garland federalist society: Scorpions Noah Feldman, 2011-01-26 A history of the careers and constitutional visions of four U.S. Supreme Court Justices appointed by Franklin Roosevelt. A tiny, ebullient Jew who started as America’s leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. Hugo Black, William O. Douglas, Felix Frankfurter, and Robert Jackson began as close allies and friends of FDR. But the quest to shape a new Constitution led them to competition and sometimes outright warfare. Scorpions tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself. Praise for Scorpions “Smart and engaging.” —New York Times Book Review “Full of high-stakes intellectual drama.” —Washington Post “A first-rate work of narrative history that succeeds in bringing the intellectual and political battles of the post-Roosevelt Court vividly to life.” —Publishers Weekly |
| merrick garland federalist society: Legal Methods Peter L. Strauss, 2008 How should students begin their legal education? Professor Peter Strauss's innovative materials build on a Columbia Law School commitment reaching back to Karl Llewellyn's Bramble Bush -- that legal education should start with orientation to the materials lawyers use and the institutions they deal with.In general, Legal Methods provides an introduction to the processes and the skills necessary in the professional use of case law and legislation, and to the development of American legal institutions. The casebook starts with materials from the first decades of American history, with relatively simple common law litigation, statutes and institutions, and with a country having to fashion its law for itself, largely through its courts. As the country industrializes, judicial styles change, statutes and their interpretation become more and more important, administrative agencies emerge. The materials largely explore the developing law on the related questions of product liability and |
| merrick garland federalist society: Enlightened Democracy Tara Ross, 2004 Opponents of the Electoral College are swift to dismiss the institution as outdated and elitist, an anachronism that should be replaced by a direct popular vote. This book, written in straightforward language, examines the institutions role in selecting Presidents across the centuries and comes to a different conclusion the Electoral College protects our republic and promotes our liberty. |
| merrick garland federalist society: The Rise of the Conservative Legal Movement Steven Michael Teles, 2008-01-01 Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading. |
| merrick garland federalist society: How Rights Went Wrong Jamal Greene, 2021 An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. |
| merrick garland federalist society: One Nation After Trump E. J. Dionne, Norman J. Ornstein, Thomas E. Mann, 2017-09-19 THE INSTANT NEW YORK TIMES AND WASHINGTON POST BESTSELLER A call to action from three of Washington's premier political scholar-journalists, One Nation After Trump offers the definitive work on the threat posed by the Trump presidency and how to counter it. American democracy was never supposed to give the nation a president like Donald Trump. We have never had a president who gave rise to such widespread alarm about his lack of commitment to the institutions of self-government, to the norms democracy requires, and to the need for basic knowledge about how government works. We have never had a president who raises profound questions about his basic competence and his psychological capacity to take on the most challenging political office in the world. Yet if Trump is both a threat to our democracy and a product of its weaknesses, the citizen activism he has inspired is the antidote. The reaction to the crisis created by Trump’s presidency can provide the foundation for an era of democratic renewal and vindicate our long experiment in self-rule. The award-winning authors of One Nation After Trump explain Trump’s rise and the danger his administration poses to our free institutions. They also offer encouragement to the millions of Americans now experiencing a new sense of citizenship and engagement and argue that our nation needs a unifying alternative to Trump’s dark and divisive brand of politics—an alternative rooted in a New Economy, a New Patriotism, a New Civil Society, and a New Democracy. One Nation After Trump is the essential book for our era, an unsparing assessment of the perils facing the United States and an inspiring roadmap for how we can reclaim the future. |
| merrick garland federalist society: The Justice of Contradictions Richard L. Hasen, 2018-03-20 An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order |
| merrick garland federalist society: The Logic of Persecution Martin H. Redish, 2005 This book provides an exploration of the intersection between the McCarthy Era and the theory of free expression, as well as the implications of that intersection for both historical and constitutional inquiry. |
| merrick garland federalist society: Law and Legitimacy in the Supreme Court Richard H. Fallon, 2018-02-19 Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow |
| merrick garland federalist society: Revolutionary Constitutions Bruce Ackerman, 2019-05-13 A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements. |
| merrick garland federalist society: The Conservative Case for Class Actions Brian T. Fitzpatrick, 2019-11-01 Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate. |
| merrick garland federalist society: Saving Justice Robert Bork, 2013-03-05 In June 1973, Judge Robert Bork was plucked from a quiet life of academia at Yale University and planted in the tumultuous soil of constitutional crisis by a Nixon administration barreling toward collapse. From the ousting of Vice President Spiro Agnew to the discharge of the Watergate special prosecutor, an event known as the Saturday Night Massacre, Saving Justice offers a firsthand, insider account of the whirlwind of events that engulfed the administration during the last half of 1973 and the first few months of 1974. This important volume provides a revelatory look into the inner workings of the Justice Department during some of the most consequential months of the Nixon administration. |
| merrick garland federalist society: We the People Erwin Chemerinsky, 2018-11-13 This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece. --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America |
| merrick garland federalist society: Wholesale Justice Martin H. Redish, 2009 As the first comprehensive effort to view the modern class action through the lenses of American constitutional and political theory, this book contends that the procedural device needs to be substantially modified to prevent it from violating key constitutional and democratic precepts. |
| merrick garland federalist society: The Most Dangerous Branch David A. Kaplan, 2018-09-04 In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. Brett Kavanaugh—replacing Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court—Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle. |
| merrick garland federalist society: Licensed to Lie Sidney K. Powell, 2018 A gruesome suicide, a likely murder, a tragic plane crash, wrongful imprisonment, and gripping courtroom scenes draw readers into this compelling story giving them a frightening perspective on justice and who should be accountable when evidence is withheld. This is the true story of the strong-arm, illegal, and unethical tactics used by headline-grabbing federal prosecutors in their narcissistic pursuit of power. Its scope reaches from the US Department of Justice to the US Senate to the White House and is a scathing attack on prosecutors, judges, and all those who turned a blind eye to egregious injustices in the aftermath of the Enron collapse. The ramifications continue today as this corrupt cabal of former prosecutors now populates powerful political positions. |
| merrick garland federalist society: The Obama Presidency and the Politics of Change Edward Ashbee, John Dumbrell, 2016-11-09 This edited volume considers the extent to which the Obama presidency matched the promises of hope and change that were held out in the 2008 election. Contributors assess the character of “change” and, within this context, survey the extent to which there was enduring change within particular policy areas, both domestic and foreign. The authors combine empirical detail with more speculative assessment of the limits and possibilities of change amidst a very dense institutional landscape and in an era of intense political polarization. Some see significant changes, the full consequences of which may only be evident in later years. Other authors in the collection present a markedly different picture and suggest that processes of change were not only limited and partial but at times leading the US in directions far removed from the promises of 2008. The book will make an important contribution to the debates about the Obama legacy. |
| merrick garland federalist society: The Cycles of Constitutional Time J. M. Balkin, 2020 The Cycles of Constitutional Time shows where American democracy has been and projects where it is going. Jack Balkin explains why our politics seems so dysfunctional and why fights over the courts seem so bitter and unhinged. He portrays our present troubles in terms of longer, constitutional trends. In doing so, he also offers a message of hope for the future. The same trends that put us in this predicament are slowly changing. Our political system can get better if Americans mobilize to change it. |
| merrick garland federalist society: The Long Game Mitch McConnell, 2019-12-03 Now in paperback with a foreword by President Donald J. Trump, Senate Majority Leader Mitch McConnell's memoir shows how one of the most successful public figures of our time has worked to advance conservative values in Washington. Under Mitch McConnell’s famously quiet and strategic leadership, Republicans in the Senate have seen win after win—from tax cuts and deregulation to major improvements for veterans, farmers, and our national defense. In 2018, President Donald Trump dubbed McConnell “the greatest leader in history”—and even his harshest critics on the Left acknowledge his skill. Now with a new foreword by President Trump and an afterword that details McConnell’s friendship with Supreme Court Justice Antonin Scalia, this paperback edition of McConnell’s memoir reveals the backdrop of his decision not to fill Scalia’s vacant seat until after the 2016 presidential election. Of this decision, New York Times chief Washington correspondent Carl Hulse wrote that “McConnell not only preserved a Supreme Court seat, he elected Donald Trump president.” The years of the McConnell-led Senate have proved that lasting change can only be won by playing the long game. Leading up to the 2020 election, when the system of government our Founding Fathers created will again be threatened by the Left, this book is necessary reading for anyone who wants to avoid repeating the mistakes of our recent past. |
| merrick garland federalist society: Appellate Practice in Federal and State Courts David M. Axelrad, 2017-09-28 From preserving issues for appeal to preparing winning motions this book covers: standards of review; standing to appeal; timely filing; how courts view the Record on Appeal; and more. |
| merrick garland federalist society: Impeachment Charles L. Black, Jr., Philip Bobbitt, 2018-02-01 Originally published at the height of the Watergate crisis, Charles Black's classic Impeachment: A Handbook has long been the premier guide to the subject of presidential impeachment. Now thoroughly updated with new chapters by Philip Bobbitt, it remains essential reading for every concerned citizen. Praise for Impeachment: To understand impeachment, read this book. It shows how the rule of law limits power, even of the most powerful, and reminds us that the impact of the law on our lives ultimately depends on the conscience of the individual American.--Bill Bradley, former United States senator The most important book ever written on presidential impeachment.--Lawfare A model of how so serious an act of state should be approached.--Wall Street Journal A citizen's guide to impeachment. . . . Elegantly written, lucid, intelligent, and comprehensive.--New York Times Book Review The finest text on the subject I have ever read.--Ben Wittes |
Guilty! Michael Merrick, Lafayette, California (arrested Oct 2010)
Oct 28, 2010 · A prosecutor said the 48-year-old Lafayette resident tested physical boundaries with other female students prior to molesting the victim in the case, a claim that Merrick's …
Darcy Restivo: Teacher made purchases with stolen debit card, …
Jul 6, 2019 · A schoolteacher has been charged with grand larceny after she allegedly made purchases with a debit card she stole at Lakeside Elementary School in Merrick, police said. …
Michael Carvajal & Gene Beasley: US Prisons Director Resigning …
Jan 7, 2022 · Michael Carvajal, a Trump administration holdover who’s been at the center of myriad crises within the federal prison system, has told Attorney General Merrick Garland he is …
Justin Russo, Long Island, New York (arrested Oct 2015)
Oct 28, 2015 · Farmingville special ed teacher charged with forcible touching, cops say A special education teacher from Farmingville has been charged with forcible touching in two separate …
lafayette | Teacher Misconduct Project: Dossiers on 24,600
Mar 6, 2015 · lafayette. These are all contents from Teacher Misconduct Project: Dossiers on 24,600+ (Allegedly) Miscreant Educators tagged lafayette.
Arrested Teachers in the News 17 October (Wednesday)
Oct 19, 2012 · Michael Merrick, Lafayette, California (arrested Oct 2010) Brett Naff, Huntsville, Alabama (arrested Oct 2012) Other sex stuff: David Palmer Harper, former music teacher at E. …
Guilty! Michael Merrick, Lafayette, California (arrested Oct 2010)
Oct 28, 2010 · A prosecutor said the 48-year-old Lafayette resident tested physical boundaries with other female students prior to molesting the victim in the case, a claim that Merrick's …
Darcy Restivo: Teacher made purchases with stolen debit card, …
Jul 6, 2019 · A schoolteacher has been charged with grand larceny after she allegedly made purchases with a debit card she stole at Lakeside Elementary School in Merrick, police said. …
Michael Carvajal & Gene Beasley: US Prisons Director Resigning …
Jan 7, 2022 · Michael Carvajal, a Trump administration holdover who’s been at the center of myriad crises within the federal prison system, has told Attorney General Merrick Garland he is …
Justin Russo, Long Island, New York (arrested Oct 2015)
Oct 28, 2015 · Farmingville special ed teacher charged with forcible touching, cops say A special education teacher from Farmingville has been charged with forcible touching in two separate …
lafayette | Teacher Misconduct Project: Dossiers on 24,600
Mar 6, 2015 · lafayette. These are all contents from Teacher Misconduct Project: Dossiers on 24,600+ (Allegedly) Miscreant Educators tagged lafayette.
Arrested Teachers in the News 17 October (Wednesday)
Oct 19, 2012 · Michael Merrick, Lafayette, California (arrested Oct 2010) Brett Naff, Huntsville, Alabama (arrested Oct 2012) Other sex stuff: David Palmer Harper, former music teacher at E. …
