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Using interviews with solicitors general and their staffs and analyzing Supreme Court cases, Pacelle looks at three hotly contested policy areas-race, gender, and reproductive rights-to see how the office balances the goals of the president, Congress, and the Supreme Court.
Law --- Reproductive rights --- Birth control --- Sex discrimination --- Race discrimination --- Civil rights --- Political questions and judicial power --- Reproductive freedom --- Sexual rights --- Abortion --- Contraception --- Human reproduction --- Involuntary sterilization --- Law and politics --- Discrimination, Sexual --- Gender discrimination --- Sexual discrimination --- Discrimination --- Sexism --- Gender mainstreaming --- Political aspects. --- Law and legislation --- United States. --- Solicitor General (U.S.) --- U.S. Solicitor General
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Judicial review --- Political questions and judicial power --- History
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Concern for the appropriate role of the Supreme Court as a policy maker has been one of the most enduring questions of American politics. Richard Pacelle traces the historical ebb and flow of the Court's role in the critical issues of American politics: slavery, free speech, religion, abortion, and affirmative action.
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"There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953-2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past"--
Judicial process --- Political questions and judicial power --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- Decision making. --- Social Sciences --- Political Science
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