Supreme Hubris

Name: Supreme Hubris
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SKU: 9780300264036
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How Overconfidence Is Destroying the Court—and How We Can Fix It

By Aaron Tang

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Summary

Supreme Hubris tackles the deep dysfunction within the U.S. Supreme Court, which has fallen from its status as a respected institution to one accused of partisan decision-making. Legal scholar Aaron Tang argues that the core issue is not partisanship but the overconfidence of justices who assume they can perfectly resolve society's problems through legal reasoning. This overconfidence results in a Court that alternates between extremes, undermining opposing views and public faith in its rulings. Tang proposes the innovative least harm principle, whereby the Court should decide cases by ruling against the side best able to avoid harm from defeat, providing a promising, legally grounded way to handle contentious cases.
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Format: Hardback

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Supreme Hubris

$59⁹⁹

Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?

This book is ideal for readers interested in politics, law, and American governance, especially those seeking a fresh perspective on judicial reform and the complexities behind Supreme Court decisions. It appeals to scholars, students, and informed citizens concerned with the stability and legitimacy of legal institutions.

How to repair the dysfunction at the Supreme Court in a way that cuts across partisan ideologies

Description

How to repair the dysfunction at the Supreme Court in a way that cuts across partisan ideologies

The Supreme Court, once the most respected institution in American government, is now routinely criticised for rendering decisions based on the individual justices' partisan leanings rather than on a faithful reading of the law. For legal scholar Aaron Tang, however, partisanship is not the Court's root problem. Overconfidence is.

Conservative and liberal justices alike have adopted a tone of uncompromising certainty in their ability to solve society's problems with just the right lawyerly arguments. The result is a Court that lurches stridently from one case to the next, delegitimising opposing views and undermining public confidence in itself.

To restore the Court's legitimacy, Tang proposes a different approach to hard cases: a "least harm principle" under which the Court rules against the side with the greatest ability to avoid the harm it would suffer in defeat. Examining a surprising number of popular opinions where the Court has applied this approach, Tang shows how the least harm principle can provide a promising and legally grounded framework for the difficult cases that divide our nation.

Book Hero Magic summarised reviews for this book. While it's new and still learning, it may not be perfect - your feedback is welcome! HOW HAS THIS BEEN REVIEWED?

Praised by leading legal experts, Supreme Hubris is recognised for its insightful diagnosis of the Court's crisis and its original solution. Franita Tolson commends Tang for revealing how overconfidence has imperilled the Supreme Court and considers the book essential reading. Erwin Chemerinsky highlights the innovative approach of pursuing outcomes that minimise harm, while Eric Segall calls it a smart and original contribution to constitutional law with the development of the least harm principle.

Book Details

INFORMATION

ISBN: 9780300264036

Publisher: Yale University Press

Format: Hardback

Date Published: 10 October 2023

Country: United States

Imprint: Yale University Press

Illustration: 1 b-w illus.

Audience: Professional and scholarly

DIMENSIONS

Width: 140.0mm

Height: 216.0mm

Weight: 250g

Pages: 328

Collections

Aaron Tang Education & Reference Non-Fiction Politics & Current Affairs

About the Author

Aaron Tang is professor at the University of California, Davis, School of Law and a former law clerk to Supreme Court Justice Sonia Sotomayor. His writings have appeared in the New York Times, Washington Post, Los Angeles Times, and Slate.