This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court's decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance.
Autorentext
Adam Lamparello is a law professor and attorney who has taught at Loyola University College of Law in New Orleans, Louisiana and Mercer University School of Law in Macon, Georgia.
Cynthia Swann is a law professor and attorney who has over twenty years of practice experience in Washington, D.C., and who has taught at the Appalachian School of Law.
Inhalt
Introduction
Part 1: The Cases that Prohibited the Legislative and Executive Branches from Remedying Inequalities in the Political and Democratic Process
1. Citizens United v. FEC
2. McCutcheon v. FEC
3. Clinton v. New York
4. U.S. Term Limits v. Thornton
Part 2: The Cases in which the Court Inappropriately Deferred to the Legislative and Executive Branches
5. Chevron, Inc., v. Natural Resources Defense Council
6. Korematsu v. U.S
Part 3: The Cases that Expanded Judicial Review at the Expense of Democratic Governance
7. Griswold v. Connecticut
8. Roe v. Wade
9. Planned Parenthood of Southeastern Pennsylvania v. Casey
10. Lawrence v. Texas
11. Obergefell v. Hodges
Part 4: The Cases that Weakened Individual Rights and Promoted Inequality
12. The Slaughterhouse Cases
13. Milliken v. Bradley
14. San Antonio School District Rodriguez
15. McClesky v. Kemp
16. General Elec. Co. v. Gilbert
17. Kelo v. City of New London
Part 5: The Cases that Encroached on State Authority and Individual Autonomy
18. Lochner v. New York
19. Wickard v. Filburn
20. Important Cases that Did Not Make the List
Part 5: The Landmark cases that Strengthened Democracy, Promoted Federalism and the Rule of Law, and Preserved the Court's Institutional Legitimacy
21. Brown v. Board of Education
22. Washington v. Glucksberg
23. Austin v. Michigan Chamber of Commerce
24. United States v. Nixon
25. United States v. Lopez
26. Texas v. Johnson
27. Gideon v. Wainwright
Part 6: An Interpretive Theory that Promotes Federal, Separation of Powers, and Principled Judicial Review
28. Is Democracy a Good Thing? The Arguments - and the Practicalities
29. Foundational Principles for A Pro-Democracy and Process-Oriented Jurisprudence
30. Applying the Foundational Principles To the "Worst" Supreme Court Decisions and Arriving At Non-Ideological, Process-Oriented, and Pro-Democracy Outcomes
Concluding Thoughts