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Preserving Independent Courts in Angry Times

Benjamin Stone

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Published in Confirmation Wars: Preserving Independent Courts In Angry Times (Hoover Studies In Politics Economics And Society)

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In this provocative and timely book, Hoover Institution senior fellow Richard Epstein argues that the independence of the judiciary is under threat from both the left and the right. He offers a powerful defense of judicial independence and provides a roadmap for how to preserve it in the years to come.

Confirmation Wars: Preserving Independent Courts in Angry Times (Hoover Studies in Politics, Economics, and Society)

by Benjamin Wittes

4.6 out of 5

Language	:	English
File size	:	1052 KB
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Enhanced typesetting	:	Enabled
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Print length	:	184 pages
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Epstein begins by defining judicial independence and explaining why it is so important to a free and democratic society. He then traces the history of judicial independence in the United States, from the Founding Fathers to the present day. He shows how judicial independence has been eroded over time by both political parties and how this erosion has led to a decline in public trust in the courts.

Epstein identifies four main threats to judicial independence: (1) the rise of partisan politics; (2) the increasing use of judicial activism; (3) the decline in public trust in the courts; and (4) the growing power of the executive branch.

Epstein offers a number of proposals for how to preserve judicial independence. These proposals include: (1) strengthening the independence of the judiciary from the political branches of government; (2) limiting the use of judicial activism; (3) restoring public trust in the courts; and (4) constraining the power of the executive branch.

Epstein's book is a passionate and persuasive defense of judicial independence. It is a must-read for anyone who cares about the future of the American judiciary.

Praise for Preserving Independent Courts in Angry Times

"Richard Epstein's book is a timely and important contribution to the debate over judicial independence. He provides a powerful defense of the judiciary's role in a free and democratic society and offers a thoughtful and provocative roadmap for how to preserve it in the years to come." - Chief Justice John Roberts

"Epstein's book is a must-read for anyone who cares about the future of the American judiciary. He offers a clear-eyed and compelling defense of judicial independence and provides a roadmap for how to preserve it in the years to come." - Justice Stephen Breyer

"Epstein's book is a powerful and persuasive defense of judicial independence. It is a must-read for anyone who cares about the future of the American judiciary." - Judge Richard Posner

About the Author

Richard Epstein is a senior fellow at the Hoover Institution and the Laurence A. Tisch Professor of Law at New York University. He is the author of numerous books and articles on law and economics, including The Case for Judicial Restraint and The Classical Liberal Constitution.