Merely Judgment: Ignoring, Evading, and Trumping the Supreme Court

University of Virginia Press
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Merely Judgment uses affirmative action in government contracting, legislative vetoes, flag burning, hate speech, and school prayer as windows for understanding how Supreme Court decisions send signals regarding the Court’s policy preferences to institutions and actors (such as lower courts, legislatures, executive branches, and interest groups), and then traces the responses of these same institutions and actors to Court decisions. The lower courts nearly always abide by Supreme Court precedent, but, to a surprising degree, elected branches and other institutions avoid complying with Supreme Court decisions. To explain the persistence of unconstitutional policies and legislation, Sweet isolates the ability of institutions to derail the litigation process. Merely Judgment explores the mechanisms by which litigants and their peers have escaped from the clutches of litigation and thus effectively ignored, evaded, and trumped the Supreme Court.
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About the author

Martin J. Sweet is Assistant Professor of Political Science in the Honors College of Florida Atlantic University.

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Additional Information

Publisher
University of Virginia Press
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Published on
Nov 23, 2010
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Pages
240
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ISBN
9780813930770
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Language
English
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Genres
Political Science / History & Theory
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Content Protection
This content is DRM protected.
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