Overview

A data-rich examination of the US Supreme Court's unprecedented detachment from the democratic processes that buttress its legitimacy. Today's Supreme Court is unlike any other in American history. This is not just because of its jurisprudence but also because the current Court has a tenuous relationship with the democratic processes that help establish its authority. Historically, this ""democracy gap"" was not nearly as severe as it is today. Simply put, past Supreme Courts were constructed in a fashion far more in line with the promise of democracy—that the people decide and the majority rules. Drawing on historical and contemporary data alongside a deep knowledge of court battles during presidencies ranging from FDR to Donald Trump, Kevin J. McMahon charts the developments that brought us here. McMahon offers insight into the altered politics of nominating and confirming justices, the shifting pool of Supreme Court hopefuls, and the increased salience of the Court in elections. A Supreme Court Unlike Any Other is an eye-opening account of today's Court within the context of US history and the broader structure of contemporary politics.

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9780226831084

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Reviews

"“A compelling account of how the Supreme Court lost its connection to the people and risked its democratic legitimacy. McMahon makes a major contribution with innovative measures, rich historical detail, and an original call for reform ‘from the grassroots.’” -- Terri Peretti | author of ""Partisan Supremacy: How the GOP Enlisted Courts to Rig America's Election Rules"" “Beautifully written, comprehensive, and understandable, A Supreme Court Unlike Any Other blends empirical analysis with captivating legal historical anecdotes to make sense of the increasing legitimacy crisis that faces the contemporary US Supreme Court.” -- Stephen Engel | coauthor of ""Disrupting Dignity: Rethinking Power and Progress in LGBTQ Lives"""

Author Information

Kevin J. McMahon is the John R. Reitemeyer Professor of Political Science at Trinity College. He is also the author of Reconsidering Roosevelt on Race, and, most recently, Nixon's Court.

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