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A Representative Supreme Court?

The Impact of Race, Religion, and Gender on Appointments

A Representative Supreme Court? cover

A Representative Supreme Court?

The Impact of Race, Religion, and Gender on Appointments

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Description

In recent decades, the U.S. Supreme Court has taken on an increased political prominence, due largely to such controversial issues as abortion, the separation of church and state, and civil rights. Because such issues could be affected by a Court member's personal beliefs and experiences, the question of how race, religion, and gender influence Supreme Court appointments is a crucial one. In this work, Barbara Perry explores the impact of these factors on the Court, placing the presidential nominations in their historical and political contexts. She examines the question of whether justices should be chosen in order to create a representative court that reflects elements in American society.

The book is based on both primary and secondary sources, including interviews with seven members of the Court. Following a detailed introduction, Perry provides a historical analysis of the appointments of eight Catholics, five Jews, one black, and one woman, revealing a link between the appointments and the political, social, electoral, and demographic contexts in which they were made. She traces the decline in importance of the religious factor, as the ascendence of religious groups in mainstream politics no longer made it necessary for presidents to maintain a representative Court position. Representative considerations, however, will continue to play a role in the selection process, and Perry argues for a reconciliation between the undeniable pull of politics and ideology and the demands for merit-based appointments. This work will add an important new perspective to studies of the Supreme Court, as well as to the study of law, political science, and American history.

Table of Contents

Foreword by David M. O'Brien
Preface
Introduction
Religion: A "Catholic Seat"?
Religion: A "Jewish Seat"?
Race: A "Black Seat"?
Gender: A "Woman's Seat"?
Conclusion: Should the Supreme Court Be "Representative"?
Appendix 1: Members of the United States Supreme Court, 1798--1991
Appendix 2: Catholic, Jewish, Black, and Female Justices of the United States Supreme Court
Bibliography
Index

Product details

Published Aug 30 1991
Format Hardback
Edition 1st
Extent 176
ISBN 9780313277771
Imprint Praeger
Dimensions 9 x 6 inches
Series Contributions in Legal Studies
Publisher Bloomsbury Publishing

About the contributors

Author

Barbara Perry

BARBARA A. PERRY is professor and chair, Departmen…

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