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Book contents
- Frontmatter
- Dedication
- Contents
- List of Figures
- List of Tables
- Acknowledgments
- 1 Introduction: The Tug of War Over the American Judiciary
- I The Legal Profession and the “Captured Judiciary”
- II Political Actors and the Incentive to Politicize
- III Ramifications of the Judicial Tug-of-War
- 7 The Politics of Judicial Reform
- 8 The Tug of War, Polarization, and Judicial Conflict
- 9 Conclusion: American Courts in Times of Increasing Polarization
- Bibliography
- Index
- Other Books in the Series
9 - Conclusion: American Courts in Times of Increasing Polarization
from III - Ramifications of the Judicial Tug-of-War
Published online by Cambridge University Press: 09 December 2020
- Frontmatter
- Dedication
- Contents
- List of Figures
- List of Tables
- Acknowledgments
- 1 Introduction: The Tug of War Over the American Judiciary
- I The Legal Profession and the “Captured Judiciary”
- II Political Actors and the Incentive to Politicize
- III Ramifications of the Judicial Tug-of-War
- 7 The Politics of Judicial Reform
- 8 The Tug of War, Polarization, and Judicial Conflict
- 9 Conclusion: American Courts in Times of Increasing Polarization
- Bibliography
- Index
- Other Books in the Series
Summary
We conclude the book in Chapter 9 by describing what we see as current trends in law and politics and how these might shape the courts in years to come. Indeed, year after year, the political nature of the judiciary has, if anything, become increasingly salient – particularly given the highly polarized climate of American politics. We highlight two ongoing factors that are likely to exacerbate the judicial tug of war: (1) a rightward shift in the ideologies of pertinent political elites and (2) a leftward shift in the ideologies of the elite legal establishment and law graduates. These two forces are likely to create even more conflict over judicial appointments and more attempts at judicial reform. We do not see reason only for pessimism, however. Increased ideological diversity in the judiciary, even though a result of increased ideologically based selection, can help create a more ideologically diverse judiciary than we might otherwise expect.
Keywords
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- Information
- The Judicial Tug of WarHow Lawyers, Politicians, and Ideological Incentives Shape the American Judiciary, pp. 274 - 291Publisher: Cambridge University PressPrint publication year: 2020