The Refusal of Supreme Court Nominees to Discuss Legal, Political, and Social Issues at Senate Confirmation Hearings: Ethical Obligation or Survival Strategy?

2020 ◽  
Author(s):  
Ray McKoski
2020 ◽  
pp. 15-58
Author(s):  
Neal Devins ◽  
Lawrence Baum

This chapter develops the argument that is summarized in chapter 1. One lesson of social psychology is that Supreme Court justices are not single-mindedly devoted to making good law or good policy. Rather, they have multiple goals that include a concern for their reputations, especially how they are regarded by the elite groups of which they are part. As a result, while the general public may have an impact on the justices, they respond primarily to fellow elites. Indeed, the Court’s decisions on most controversial social issues such as affirmative action and same-sex marriage are more consistent with the policy positions of highly educated people than the positions of the public as a whole. Starting with the 1980 election of Ronald Reagan, elites have become less homogeneous; over the past 25 years, today’s elites increasingly reflect the growing partisan divide among liberal Democrats and conservative Republicans. Nonetheless, norms within the elite legal profession such as collegiality and legally oriented decision making shape the behavior of justices, sometimes counteracting the effects of ideology.


2020 ◽  
pp. 224-242
Author(s):  
Kenneth P. Miller

More than any other policy area, social issues have polarized Texas and California and the camps they represent. These topics provide fodder for the nation’s culture wars. Many such issues are framed in the language of rights and are difficult to resolve through normal political give-and-take. After briefly discussing the range of social issues that divide the two states, the chapter narrows its focus to three: abortion, guns, and LGBT rights. Texas and California have polarized on these topics and, to the extent permitted by federal law, have translated their opposing views into sharply contrasting policies. The states’ discretion on these topics has been limited, however, by Supreme Court interpretations of federal constitutional rights. The chapter concludes by discussing the alternatives for addressing social issues that divide the nation along ideological and sectional lines, comparing the options of uniformity and pluralism.


1993 ◽  
Vol 70 (4) ◽  
pp. 939-946 ◽  
Author(s):  
Matthew D. Bunker ◽  
Sigman L. Splichal

The promise of confidentiality between a reporter and source has long been considered a vital ethical obligation of the press. The U.S. Supreme Court, in Cohen v. Cowles Media Co., has recast that promise as one which state courts may enforce under contract law. The Court's opinion, which downplayed important First Amendment considerations, may have created a dangerous new ground of liability for media organizations.


1992 ◽  
Vol 1 (1) ◽  
pp. 5-10 ◽  
Author(s):  
Daniel Callahan

When the Karen Ann Quinlan case emerged in the mid-1970s and the New Jersey Supreme Court made mention of the role that ethics committees might play in such cases, no one could have predicted at the time what the consequences of that observation might be. It took a while for momentum to build, but we are now seeing the flowering of what is an important movement in the field of bioethics: the interplay of ethics committees and broader societal issues.


2018 ◽  
Vol 52 (4) ◽  
pp. 871-901 ◽  
Author(s):  
Christina L. Boyd ◽  
Paul M. Collins ◽  
Lori A. Ringhand

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