A Supreme Court Unlike Any Other - by Kevin J McMahon (Hardcover)

About the Book

"Today's Supreme Court is unlike any other in American history. This is not just because of its jurisprudence. It is because today's Court is uniquely distanced from the democratic processes that buttress its legitimacy. For example, five of the nine justices took their seats after winning confirmation with the support of senators who won far fewer votes than their colleagues in opposition, and three of these five justices were also nominated by a president who lost the popular vote. In A Supreme Court Unlike Any Other, Kevin J. McMahon explains the broad historical developments that have brought us here. Drawing on historical and contemporary data and deep knowledge of Court battles during presidencies ranging from Franklin D. Roosevelt to Ronald Reagan to Donald Trump, he offers new insight into the shifting politics of nominating and confirming justices, the changing pool of nominees considered for the Supreme Court, and the increased salience of the Court in presidential and congressional elections. A Supreme Court Unlike Any Other is an eye-opening account of today's Court within the context of US history and the broader structure of contemporary politics"--

Book Synopsis

A data-rich examination of the US Supreme Court's unprecedented detachment from the democratic processes that buttress its legitimacy.

Today's Supreme Court is unlike any other in American history. This is not just because of its jurisprudence but also because the current Court has a tenuous relationship with the democratic processes that help establish its authority. Historically, this "democracy gap" was not nearly as severe as it is today. Simply put, past Supreme Courts were constructed in a fashion far more in line with the promise of democracy--that the people decide and the majority rules.

Drawing on historical and contemporary data alongside a deep knowledge of court battles during presidencies ranging from FDR to Donald Trump, Kevin J. McMahon charts the developments that brought us here. McMahon offers insight into the altered politics of nominating and confirming justices, the shifting pool of Supreme Court hopefuls, and the increased salience of the Court in elections. A Supreme Court Unlike Any Other is an eye-opening account of today's Court within the context of US history and the broader structure of contemporary politics.

Review Quotes

"In A Supreme Court Unlike Any Other, McMahon has written one of the most powerful and rewarding works of sociolegal scholarship on the Supreme Court in recent years."

-- "Law and Society Review"

"McMahon offers a compelling argument that the membership of the Supreme Court has become increasingly distant from American citizenry in the last several decades. . . .The book's research is meticulous, its argument is persuasive, and its importance is politically imperative."-- "Choice"

"McMahon presents a well-researched, thoroughly annotated examination of the change in the U.S. Supreme Court's composition over time. . .McMahon's exemplary ability to explain the changes in party politics, ideologies, and political practices helps readers to visualize the monstrous philosophical gap between the judges and their electorate."-- "Library Journal"

"A cleareyed, depressingly convincing view of a Supreme Court that has abandoned the Republic for other masters."-- "Kirkus"

"A compelling account of how the Supreme Court lost its connection to the people and risked its democratic legitimacy. McMahon makes a major contribution with innovative measures, rich historical detail, and an original call for reform 'from the grassroots.'"--Terri Peretti author of "Partisan Supremacy: How the GOP Enlisted Courts to Rig America's Election Rules"

"Beautifully written, comprehensive, and understandable, A Supreme Court Unlike Any Other blends empirical analysis with captivating legal historical anecdotes to make sense of the increasing legitimacy crisis that faces the contemporary US Supreme Court."--Stephen Engel coauthor of "Disrupting Dignity: Rethinking Power and Progress in LGBTQ Lives"

About the Author

Kevin J. McMahon is the John R. Reitemeyer Professor of Political Science at Trinity College. He is also the author of Reconsidering Roosevelt on Race, and, most recently, Nixon's Court.