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Playing it Safe
Author: Lisa A. Kloppenberg

ISBN: 9780814747407
Format: Hardcover
Number Of Pages: 320
Published: 17 July 2001
Country of Publication: US
Dimensions (cm): 583.0 x 389.5 x 2.5
Description:


It is one of the unspoken truths of the American judicial system that courts go out of their way to avoid having to decide important and controversial issues. Even the Supreme Courtfrom which the entire nation seeks guidancefrequently engages in transparent tactics to avoid difficult, politically sensitive cases.

The Court's reliance on avoidance has been inconsistent and at times politically motivated. For example, liberal New Deal Justices, responding to the activism of a conservative Court, promoted deference to Congress and the presidency to protect the Court from political pressure. Likewise, as the Warren Court recognized new constitutional rights, conservative judges and critics praised avoidance as a foundational rule of judicial restraint. And as conservative Justices have constituted the majority on the Court in recent years, many liberals and moderates have urged avoidance, for fear of disagreeable verdicts.

By sharing the stories of litigants who struggled unsuccessfully to raise before the Supreme Court constitutional matters of the utmost importance from the 1970s-1990s, Playing it Safe argues that judges who fail to exercise their ...

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