Confirming Justice—Or Injustice?: A Guide to Judging RBG's Successor
()
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.
Read more from Alan Dershowitz
Guilt by Accusation: The Challenge of Proving Innocence in the Age of #MeToo Rating: 3 out of 5 stars3/5Terror Tunnels: The Case for Israel's Just War Against Hamas Rating: 4 out of 5 stars4/5Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law Rating: 5 out of 5 stars5/5War Against the Jews: How to End Hamas Barbarism Rating: 0 out of 5 stars0 ratingsThe Constitution of the United States and The Declaration of Independence Rating: 0 out of 5 stars0 ratingsThe Mueller Report: The Final Report of the Special Counsel into Donald Trump, Russia, and Collusion Rating: 4 out of 5 stars4/5The Price of Principle: Why Integrity Is Worth the Consequences Rating: 5 out of 5 stars5/5The Case for Liberalism in an Age of Extremism: or, Why I Left the Left But Can't Join the Right Rating: 0 out of 5 stars0 ratingsCase Against the New Censorship: Protecting Free Speech from Big Tech, Progressives, and Universities Rating: 0 out of 5 stars0 ratingsThe Case for Israel Rating: 4 out of 5 stars4/5Cancel Culture: The Latest Attack on Free Speech and Due Process Rating: 3 out of 5 stars3/5Defending the Constitution: Alan Dershowitz's Senate Argument Against Impeachment Rating: 0 out of 5 stars0 ratingsThe Jewish State: The Historic Essay that Led to the Creation of the State of Israel Rating: 5 out of 5 stars5/5Blasphemy: How the Religious Right is Hijacking the Declaration of Independence Rating: 4 out of 5 stars4/5The Case for Vaccine Mandates Rating: 0 out of 5 stars0 ratingsSpeaking for Israel: A Speechwriter Battles Anti-Israel Opinions at the United Nations Rating: 2 out of 5 stars2/5The Case for Peace: How the Arab-Israeli Conflict Can be Resolved Rating: 4 out of 5 stars4/5Electile Dysfunction: A Guide for Unaroused Voters Rating: 0 out of 5 stars0 ratingsThe Case Against the Iran Deal: How Can We Now Stop Iran from Getting Nukes? Rating: 0 out of 5 stars0 ratingsThe Case for Color-Blind Equality in an Age of Identity Politics Rating: 0 out of 5 stars0 ratingsDershowitz on Killing: How the Law Decides Who Shall Live and Who Shall Die Rating: 0 out of 5 stars0 ratingsDoes State Spying Make Us Safer?: The Munk Debate on Mass Surveillance Rating: 0 out of 5 stars0 ratingsCommon Sense: and Other Writings Rating: 0 out of 5 stars0 ratingsWhat Israel Means to Me: By 80 Prominent Writers, Performers, Scholars, Politicians, and Journalists Rating: 2 out of 5 stars2/5The Case Against Israel's Enemies: Exposing Jimmy Carter and Others Who Stand in the Way of Peace Rating: 4 out of 5 stars4/5Spiritual Activism: A Jewish Guide to Leadership and Repairing the World Rating: 4 out of 5 stars4/5
Related to Confirming Justice—Or Injustice?
Related ebooks
The Constrained Court: Law, Politics, and the Decisions Justices Make Rating: 0 out of 5 stars0 ratingsOverruled: The Long War for Control of the U.S. Supreme Court Rating: 4 out of 5 stars4/5Constitutional Peril: The Life and Death Struggle for Our Constitution and Democracy Rating: 0 out of 5 stars0 ratingsSupreme Disorder: Judicial Nominations and the Politics of America's Highest Court Rating: 0 out of 5 stars0 ratingsElectile Dysfunction: A Guide for Unaroused Voters Rating: 0 out of 5 stars0 ratingsContested Ground: How to Understand the Limits of Presidential Power Rating: 0 out of 5 stars0 ratingsThe Case Against Impeaching Trump Rating: 4 out of 5 stars4/5The Fight to Vote Rating: 3 out of 5 stars3/5David's Hammer: The Case for an Activist Judiciary Rating: 0 out of 5 stars0 ratingsThe Burger Court and the Rise of the Judicial Right Rating: 5 out of 5 stars5/5The Supreme Court: 20 Cases that Changed America Rating: 0 out of 5 stars0 ratingsSaving Free Speech...from Itself Rating: 0 out of 5 stars0 ratingsConfessions of a Free Speech Lawyer: Charlottesville and the Politics of Hate Rating: 0 out of 5 stars0 ratingsObama on the Home Front: Domestic Policy Triumphs and Setbacks Rating: 0 out of 5 stars0 ratingsFlunking Democracy: Schools, Courts, and Civic Participation Rating: 0 out of 5 stars0 ratingsLevittown: Two Families, One Tycoon, and the Fight for Civil Rights in America's Legendary Suburb Rating: 4 out of 5 stars4/5Walking Through the Fire: My Fight for the Heart and Soul of America Rating: 0 out of 5 stars0 ratingsThe Case for Capital Punishment Rating: 0 out of 5 stars0 ratingsFoster Care and Best Interests of the Child: Integrating Research, Policy, and Practice Rating: 0 out of 5 stars0 ratingsWhen the Senate Worked for Us: The Invisible Role of Staffers in Countering Corporate Lobbies Rating: 5 out of 5 stars5/5Just a Journalist: On the Press, Life, and the Spaces Between Rating: 0 out of 5 stars0 ratingsThe Race to 270: The Electoral College and the Campaign Strategies of 2000 and 2004 Rating: 0 out of 5 stars0 ratingsThe Litigators - Behind the Story (A Book Companion) Rating: 0 out of 5 stars0 ratingsThe Federalist Society: How Conservatives Took the Law Back from Liberals Rating: 0 out of 5 stars0 ratingsCourts Liberalism And Rights: Gay Law And Politics In The United States and Canada Rating: 0 out of 5 stars0 ratingsFixing the U.S. Criminal Justice System Rating: 0 out of 5 stars0 ratingsAmerican Injustice: One Lawyer's Fight to Protect the Rule of Law Rating: 4 out of 5 stars4/5With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful Rating: 4 out of 5 stars4/5
Politics For You
The Great Awakening: Defeating the Globalists and Launching the Next Great Renaissance Rating: 4 out of 5 stars4/5Disloyal: A Memoir: The True Story of the Former Personal Attorney to President Donald J. Trump Rating: 4 out of 5 stars4/5Daily Stoic: A Daily Journal On Meditation, Stoicism, Wisdom and Philosophy to Improve Your Life Rating: 5 out of 5 stars5/5Son of Hamas: A Gripping Account of Terror, Betrayal, Political Intrigue, and Unthinkable Choices Rating: 4 out of 5 stars4/5Killing the SS: The Hunt for the Worst War Criminals in History Rating: 4 out of 5 stars4/5The Gulag Archipelago [Volume 1]: An Experiment in Literary Investigation Rating: 4 out of 5 stars4/5The Great Reset: And the War for the World Rating: 4 out of 5 stars4/5The Anarchist Cookbook Rating: 2 out of 5 stars2/5The Cult of Trump: A Leading Cult Expert Explains How the President Uses Mind Control Rating: 3 out of 5 stars3/5The Parasitic Mind: How Infectious Ideas Are Killing Common Sense Rating: 4 out of 5 stars4/5The Republic by Plato Rating: 4 out of 5 stars4/5A Letter to Liberals: Censorship and COVID: An Attack on Science and American Ideals Rating: 3 out of 5 stars3/5The Girl with Seven Names: A North Korean Defector’s Story Rating: 4 out of 5 stars4/5Why I’m No Longer Talking to White People About Race: The Sunday Times Bestseller Rating: 4 out of 5 stars4/5This Is How They Tell Me the World Ends: The Cyberweapons Arms Race Rating: 4 out of 5 stars4/5Blackout: How Black America Can Make Its Second Escape from the Democrat Plantation Rating: 4 out of 5 stars4/5The U.S. Constitution with The Declaration of Independence and The Articles of Confederation Rating: 5 out of 5 stars5/5Speechless: Controlling Words, Controlling Minds Rating: 4 out of 5 stars4/5The Real Anthony Fauci: Bill Gates, Big Pharma, and the Global War on Democracy and Public Health Rating: 4 out of 5 stars4/5How to Hide an Empire: A History of the Greater United States Rating: 4 out of 5 stars4/5Closing of the American Mind Rating: 4 out of 5 stars4/5Capitalism and Freedom Rating: 4 out of 5 stars4/5Ever Wonder Why?: and Other Controversial Essays Rating: 5 out of 5 stars5/5The Art of War & Other Classics of Eastern Philosophy Rating: 4 out of 5 stars4/5Freedom Is a Constant Struggle: Ferguson, Palestine, and the Foundations of a Movement Rating: 4 out of 5 stars4/5The Essential Chomsky Rating: 4 out of 5 stars4/5Fear: Trump in the White House Rating: 4 out of 5 stars4/5
Reviews for Confirming Justice—Or Injustice?
0 ratings0 reviews
Book preview
Confirming Justice—Or Injustice? - Alan Dershowitz
Also by Alan Dershowitz
Cancel Culture: The Latest Attack on Free Speech and Due Process
The Case for Liberalism in an Age of Extremism: or, Why I Left the Left But Can’t Join the Right
Defending the Constitution: Alan Dershowitz’s Senate Argument Against Impeachment
Guilt by Accusation: The Challenge of Proving Innocence in the Age of #MeToo
Defending Israel: The Story of My Relationship with My Most Challenging Client
The Mueller Report (with an Introduction by Alan Dershowitz)
The Case Against Impeaching Trump
The Case Against BDS: Why Singling Out Israel for Boycott Is Anti-Semitic and Anti-Peace
Trumped Up: How Criminalization of Political Differences Endangers Democracy
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
Taking the Stand: My Life in the Law
The Trials of Zion
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
Finding Jefferson: A Lost Letter, a Remarkable Discovery and the First Amendment in the Age of Terrorism
Blasphemy: How the Religious Right is Hijacking Our Declaration of Independence
Pre-emption: A Knife That Cuts Both Ways
What Israel Means to Me: By 80 Prominent Writers, Performers, Scholars, Politicians and Journalists
Rights From Wrongs: A Secular Theory of the Origins of Rights
America on Trial: Inside the Legal Battles That Transformed Our Nation
The Case for Peace: How the Arab-Israeli Conflict Can Be Resolved
The Case for Israel
America Declares Independence
Why Terrorism Works: Understanding the Threat, Responding to the Challenge
Shouting Fire: Civil Liberties in a Turbulent Age
Letters to a Young Lawyer
Supreme Injustice: How the High Court Hijacked Election 2000
Genesis of Justice: Ten Stories of Biblical Injustice that Led to the Ten Commandments and Modern Law
Just Revenge
Sexual McCarthyism: Clinton, Starr, and the Emerging Constitutional Crisis
The Vanishing American Jew: In Search of Jewish Identity for the Next Century
Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case
The Abuse Excuse: And Other Cop-Outs, Stories and Evasions of Responsibility
The Advocate’s Devil
Contrary to Popular Opinion
Chutzpah
Taking Liberties: A Decade of Hard Cases, Bad Laws, and Bum Raps
Reversal of Fortune: Inside the Von Bülow Case
The Best Defense
Criminal Law: Theory and Process (with Joseph Goldstein and Richard Schwartz)
Psychoanalysis, Psychiatry, and Law (with Joseph Goldstein and Jay Katz)
FullTitle.jpgThis book is dedicated to the few public figures who place principle over partisanship.
Copyright © 2020 by Alan Dershowitz
All rights reserved. No part of this book may be reproduced in any manner without the express written consent of the publisher, except in the case of brief excerpts in critical reviews or articles. All inquiries should be addressed to Skyhorse Publishing, 307 West 36th Street, 11th Floor, New York, NY 10018.
Hot Books may be purchased in bulk at special discounts for sales promotion, corporate gifts, fund-raising, or educational purposes. Special editions can also be created to specifications. For details, contact the Special Sales Department, Skyhorse Publishing, 307 West 36th Street, 11th Floor, New York, NY 10018 or info@skyhorsepublishing.com.
Hot Books® and Skyhorse Publishing® are registered trademarks of Skyhorse Publishing, Inc.®, a Delaware corporation.
Visit our website at www.hotbookspress.com.
10 9 8 7 6 5 4 3 2 1
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