The Supreme Court The Supreme Court HELENA SILVERSTEIN Student Guides to American Government and Politics Brian Lloyd Fife, Series Editor Copyright © 2021 by ABC-CLIO, LLC All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except for the inclusion of brief quotations in a review, without prior permission in writing from the publisher. Library of Congress Cataloging-in-Publication Data Names: Silverstein, Helena, author. Title: The Supreme Court / Helena Silverstein. Description: Santa Barbara, California : Greenwood, An Imprint of ABC-CLIO, LLC, [2021] | Series: Student guides to American government and politics | Includes bibliographical references and index. Identifiers: LCCN 2020026565 (print) | LCCN 2020026566 (ebook) | ISBN 9781440873003 (hardcover) | ISBN 9781440873010 (ebook) Subjects: LCSH: United States. Supreme Court—History. | United States. Supreme Court—Rules and practice. Classification: LCC KF8742 .S545 2021 (print) | LCC KF8742 (ebook) | DDC 347.73/26—dc23 LC record available at https://lccn.loc.gov/2020026565 LC ebook record available at https://lccn.loc.gov/2020026566 ISBN: 978-1-4408-7300-3 (print) 978-1-4408-7301-0 (ebook) 25 24 23 22 21 1 2 3 4 5 This book is also available as an eBook. Greenwood An Imprint of ABC-CLIO, LLC ABC-CLIO, LLC 147 Castilian Drive Santa Barbara, California 93117 www.abc-clio.com This book is printed on acid-free paper Manufactured in the United States of America For my brothers, Dubi and David Contents Preface ix Introduction xiii Chronology xxvii Chapter 1 Judicial Review 1 Chapter 2 Constitutional Interpretation 11 Chapter 3 Court Structures and Processes 30 Chapter 4 The Justices and Judicial Selection 55 Chapter 5 Influences on Supreme Court Decision Making 79 Chapter 6 The Court, the Media, and the Public 94 Chapter 7 Consequences, Impact, and Implementation 105 vii viii Contents Conclusion: The Future of the Supreme Court 121 Bibliography 133 Index 149 Preface The promise of the rule of law in the United States is symbolized in many ways. The Constitution of the United States begins with the sentiment of democracy: “We the People.” The iconic emblem of Lady Justice stands as the objective and impartial arbiter of law. She is blindfolded so as not to be biased by particulars and holds a set of scales as a representation of her dedication to the fair weighing of evidence and arguments. Nominees to the U.S. Supreme Court pledge neutrality and fairness by saying they will act like umpires tasked with impartially calling balls and strikes. And whether sitting on the bench of the highest court in the United States or in a state court, judges wear simple black robes thought to signify their uni- form obligation to adhere to the rule of law. Law’s promise is further embodied in admirable principles pronounced in the U.S. Constitution and its Bill of Rights and additional amendments, such as freedom of speech, free exercise of religion, freedom of the press, voting rights, due process provisions, and equal protection guarantees. Outlining a framework of governance designed, in part, to avoid tyranny, the Constitution separates authority among governing bodies to limit the concentration of power, while identifying liberties retained by individuals against government intrusion. Praise and respect for the rule of law and the Constitution are wide- spread, part of the prevailing narrative often used to describe the U.S. sys- tem. Law, as the narrative goes, provides order, predictability, and protection; at the same time, it ensures liberty, equality, and self-governance. Self-governing individuals are free to pursue aspirations and dreams within the constraints of rules they have adopted and given to themselves. While personal freedom and individualism are highly valued in this arrangement, no one is thought to be above the law. The stories Americans tell, however, are often idealized versions of the realities in which they live. Whether, to what extent, and through what ix