1. Introduction; Part I. The Legal Profession and the 'Captured Judiciary': 2. The 'American Aristocracy'; 3. The Bar, Self Regulation, and Judicial Capture; Part II. Political Actors and the Incentive to Politicize: 4. Politicians, their Interests, and the Judicial Tug of War; 5. Politicization in the Federal Courts; 6. Politicization in the States; Part III. Ramifications of the Judicial Tug of War: 7. Politics of Judicial Reform; 8. Polarization and Conflict; 9. Conclusion; Bibliography; Index.
Presents a novel theory explaining how and why politicians and lawyers politicise courts.
Adam Bonica is Associate Professor in the Department of Political Science at Stanford University. Maya Sen is Professor of Public Policy at Harvard University's John F. Kennedy School of Government.
'This impressive book explains how demographic and ideological
trends have triggered political battles over the powers and
composition of courts in the United States. With their
sophisticated exploitation of massive data sets, the authors set a
new standard for empirical research of the judiciary.' Eric Posner,
University of Chicago
'Proceeding from an original premise about the tug of war between
the legal establishment and political elites over the courts,
Bonica and Sen provide compelling, evidence-based answers to some
of the most pressing questions of our time: why partisan conflicts
arise over the judiciary, what they mean for the development of the
law, and what the future holds. Elegantly written and chock full of
interesting facts, The Judicial Tug of War merits attention in
academic, legal, and policy circles.' Lee Epstein, Washington
University, St. Louis
'Since federal judges have life tenure, the contours and
composition of America's judiciary will be the most enduring result
of our fraught political moment. This fascinating book to help us
navigate ideological battles over the courts - a war which will
only intensify after the 2020 election- and adds the legal
profession as a little-understood player to the analytical mix. If
there aren't enough reasons to be wary of lawyers, Bonica and Sen
provide another: in a system designed to put judges above politics
and remain free of partisanship, lawyers seem to wield undue
influence on who ends up wearing the robes and what decisions they
make once seated.' Steven Mazie, The Economist
'… THE JUDICIAL TUG OF WAR is an important and original book that
should be widely read by scholars, politicians, lawyers, judges,
the media, and the public.' Matthew E. Baker, Law and Politics Book
Review
'… an extraordinary accomplishment. In addition to the technical
virtuosity, the data open a new window into the composition of
American courts … The book is a great read, with contemporary case
studies and anecdotes mixed into excellent quantitative analysis.'
Deborah Beim, Political Science Quarterly
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