Confirming Justice—Or Injustice?: A Guide to Judging RBG's Successor
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About this ebook
Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. He is also a fair-minded and even-handed expert on the Constitution and American government, and in this book offers his knowledge and insight to help readers understand the current circumstances surrounding the Supreme Court and the looming partisan battle for its future.
Confirming Justice—Or Injustice? is an analysis of every aspect of the possible confirmation of Judge Amy Coney Barrett to fill the vacant seat left by the death of Ruth Bader Ginsburg. It includes timely commentary on the history and process of confirming justices to the Supreme Court, notes about what might happen if the process is changed—such as by court packing or instituting age or term limits for justices—and discussion of the roles of the various people and groups who might have input on the confirmation, from the president to the senate to the judiciary committee to the Constitution itself.
In the end, Confirming Justice—Or Injustice? represents an icon in American law and politics reckoning with an increasingly politicized and polarized nomination-and-confirmation process for judges and what those shifts might mean for the country, both now and in days to come. It is essential reading for anyone interested in or concerned about Trump's nomination of Amy Coney Barrett and the process of her possible confirmation, the legacy of Ruth Bader Ginsburg, and the future and fate of the Supreme Court—and American democracy itself.
Alan Dershowitz
Professor Alan Dershowitz of Harvard Law School was described by Newsweek as “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights.” Italian newspaper Oggi called him “the best-known criminal lawyer in the world,” and The Forward named him “Israel’s single most visible defender—the Jewish state’s lead attorney in the court of public opinion.” Dershowitz is the author of 30 non-fiction works and two novels. More than a million of his books have been sold worldwide, in more than a dozen different languages. His recent titles include the bestseller The Case For Israel, Rights From Wrong, The Case For Peace, The Case For Moral Clarity: Israel, Hamas and Gaza, and his autobiography, Taking the Stand: My Life in the Law.
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Confirming Justice—Or Injustice? - Alan Dershowitz
Also by Alan Dershowitz
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The Case for Liberalism in an Age of Extremism: or, Why I Left the Left But Can’t Join the Right
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Defending Israel: The Story of My Relationship with My Most Challenging Client
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The Case Against BDS: Why Singling Out Israel for Boycott Is Anti-Semitic and Anti-Peace
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Electile Dysfunction: A Guide for Unaroused Voters
The Case Against the Iran Deal
Terror Tunnels: The Case for Israel’s Just War Against Hamas
Abraham: The World’s First (But Certainly Not Last) Jewish Lawyer
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The Case for Moral Clarity: Israel, Hamas and Gaza
The Case Against Israel’s Enemies: Exposing Jimmy Carter and Others Who Stand in the Way of Peace
Is There a Right to Remain Silent? Coercive Interrogation and the Fifth Amendment After 9/11
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Blasphemy: How the Religious Right is Hijacking Our Declaration of Independence
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FullTitle.jpgThis book is dedicated to the few public figures who place principle over partisanship.
Copyright © 2020 by Alan Dershowitz
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Library of Congress Cataloging-in-Publication Data is available on file.
ISBN: 978-1-5107-6567-2 eBook: 978-1-5107-6568-9
Cover design by Brian Peterson
Printed in the United States of America
Contents
TItle Page
Copyright
Contents
Introduction
Chapter 1: The Role of the President in Nominating a Justice: Does President Trump Have the Power to Nominate RBG’s Replacement?
Chapter 2: The Role of the Senate: Placing Principle above Partisanship in Replacing Justice Ginsburg
Chapter 3: The Role of the Sitting Justice: Should Ginsburg Have Retired While Barack Obama was President?
Chapter 4: The Role of the Vice President: Can He Cast the Deciding Vote On Whether the Senate Consents to a Supreme Court Nominee?
Chapter 5: The Role of the Constitution: What If Justice Ginsburg Were In a Coma?
Chapter 6: The Role of the Judiciary Committee: What Questions May Senators Properly Ask Judge Barrett About Her Catholic Faith?
Chapter 7: The Role of Law Enforcement: Are We Prepared for Post-Election Violence?
Appendix 1: DON’T PICK JUDGES THE WAY WE DO!
Appendix 2: The Recusal Statute
Acknowledgments
Introduction
President Trump’s nomination of Judge Amy Coney Barrett just weeks before the presidential election will create yet another confirmation battle along partisan lines. Judge Barrett is a highly qualified appellate-court judge, favored by religious conservatives and others on the right, whose rushed nomination and consideration by the Republican-controlled Senate is seen by Democrats as unfair