Editorial Reviews
Review
“Perry's book could not have been published at a more propitious time, given George Bush's recent nomination of Clarence Thomas to fill the "black seat" on the Supreme Court left vacant by Justice Thurgood Marshall's retirement. Beginning with a history of the constitutional provisions concerning judicial selection and the practices of American presidents in this regard. Perry (Sweet Briar College) moves on to discuss the 16 cases in which a Catholic, Jewish, female, or African-American has been nominated (not including Thomas). She finds that "representativeness" was a factor in 12 cases but a primary factor in only 2 (O'Connor and Marshall). Once a group becomes assimilated into American politics and society, dependence on such factors as representativeness tends to decrease (e.g., the lack of a Jewish justice since 1969, and the "overrepresentation" of Catholics on the Court today). The appointment of Thomas to succeed Marshall would tend to verify that thesis. So long as minimal standards of merit are met, Perry believes that representativeness on the Court helps "accommodate cultural diversity" and creates a public perception that "the high bench is open to all groups in society." Only when this factor eclipses judicial merit does Perry object to its application. One might add that representativeness should not preclude qualified individuals from consideration. Extensive notes, bibliography, and appendixes. Recommended for all levels of readers.”–
Book Description
Perry offers a detailed look at the impact of religion, race, and gender on appointments to the U.S. Supreme Court, and places the factors that have influenced presidential decisions into their historical and political contexts. Analyses of the appointments of eight Catholics, five Jews, one black, and one woman reveal a history of decision-making based on the recognition of specific groups. Perry draws on numerous sources, including interviews with seven Court members, in addressing the question of whether "representative" factors should play a role in nominating justices.
A "Representative" Supreme Court?: The Impact of Race, Religion, and Gender on Appointments (Contributions in Legal Studies)
A "Representative" Supreme Court?: The Impact of Race, Religion, and Gender on Appointments (Contributions in Legal Studies),Barbara A. Perry,Greenwood Press,031327777X,Courts - Supreme Court,General,Judges,Law,Legal Reference / Law Profession,Reference,Selection and appointment,Supreme Court,U.S. Supreme Court,United States,United States.,Law / General
English Books:
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