Description
Book SynopsisDescribes a manner of deliberating about who should serve on the Supreme Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. This book makes a fresh case for the virtue of judicial moderates.
Trade Review"What do we want in a Supreme Court Justice, and how should we get it? Eisgruber, a former Supreme Court clerk, argues that the first step is to do away with the idea that the process can or should be entirely divorced from politics...Eisgruber's practical recommendations for fixing the confirmation process boil down to having senators stand up for themselves during hearings, unafraid to say no, but his larger point is that, in pursuit of justice, moderation is the paramount virtue."--The New Yorker "[A] concise and lucid case for a more thoughtful and workable process."--Publishers Weekly "The focus of the book...is not on jurisprudence, but on the inadequacy of senatorial confirmation hearings... Eisgruber recommends that the Senate correct the confirmation process by following the example of the executive branch. Thus, the Senate should 'rely less on hearings and more on the kinds of evidence that presidents use': writings, speeches, and, for nominees who are judges, opinions. He continues that the Senate should not rely on futile inquiries about a nominee's commitment to strict construction of statutes or finding the original intent of the founding fathers. Instead, he suggests that the Senate ask nominees about their interpretation of abstract language in the U.S. Constitution...[This] is a thinking person's book. Anyone concerned about the future of the U.S. Supreme Court, however, will find it fascinating. Elegantly written, closely reasoned, and carefully researched, the book is well worth the reader's thought and time. Whether or not you agree with Eisgruber's suggestions and conclusions, The Next Justice remains stimulating, even provocative."--Stewart Pollock, Newark Star Ledger "Eisgruber's analysis is essential reading for both lawmakers and the public."--Deirdre Sinnott, Foreword Magazine "The appointment process could gain a lot from Mr. Eisgruber's proposal...The Next Justice makes a start, in the calm before the circus of the next nomination, toward the debate we must have if we are to overcome the 'confusion'."--Daniel Sullivan, New York Sun "The Next Justice should be a required reading for all the members of the Senate Judiciary Committee, so insightful and informative is Eisgruber's analysis of this profoundly important subject. For decades the nation has been wrestling with the question of how to avoid cyclical partisan warfare over Supreme Court appointments. This book goes a long way toward defining sensible, balanced criteria for doing so."--Ronald Goldfarb, Washington Lawyer "The Next Justice contains many interesting descriptions of the Court, including its inner workings, the role of the law clerks, and the process of decision-making. Eisgruber has a great deal of respect for the Supreme Court as an institution, and he would like to have a confirmation process worthy of the Court. So would we all."--Charles S. Doskow, The Federal Lawyer "While readers may disagree with how Eisgruber defines the term 'moderate justice,' no one who has even a passing interest in the composition of the Court should find Eisgruber's book anything less than thought-provoking. In fact, it should be required reading for any college constitutional law class and for first-year law students."--E. Drew Britcher, Trial "As Australian governments venture tentatively towards greater transparency, Eisgruber's text is a useful reminder of the dangers they need to avoid. In the end, he suggests that reforms depend upon an appeal to the political process to lift its game."--Michael Kirby, Australian Law Journal "[Eisgruber's] volume is a sensible, illuminating, and sometimes insightful look at the confirmation process... For a subject that can be emotionally charged, the author has provided an account that is eminently readable and informative, one that is entirely manageable and digestible in an evening."--Donald Grier Stephenson, Jr., Journal of Supreme Court History
Table of ContentsPreface ix Chapter 1. A Broken Process in Partisan Times 1 Chapter 2: Why Judges Cannot Avoid Political Controversy 17 Chapter 3: The Incoherence of Judicial Restraint 31 Chapter 4: Politics at the Court 51 Chapter 5: Why Judges Sometimes Agree When Politicians Cannot 73 Chapter 6: Judicial Philosophies and Why They Matter 98 Chapter 7: How Presidents Have Raised the Stakes 124 Chapter 8: Should the Senate Defer to the President? 144 Chapter 9: How to Change the Hearings 164 Chapter 10: What Kinds of Justices Should We Want? 178 Chapter 11: The Path Forward 186 Notes 193 Index 225
