Re: Executive Using Courts

[Mark Graber]

There is a cottage industry on this in political science, almost as extensive 
as the legal industry on the countermajoritarian problem.  Keith Whittington's 
book on the Political Foundations of Judicial Supremacy is easily the best 
overview.  Terri Peretti's In Defense of a Political Court should also be read 
in this light.  Kevin McMahon has a nice book on Roosevelt and Brown that is 
very good on this.  Paul Frymer's book on African-Americans, Unions, and the 
courts is also excellent.  Other prominent voices include George Lovell, Pamela 
Brandwein, Cornell Clayton, and Mitch Pickerill.  The best comparative 
perspective is Ran Hirschl's Toward Juristocracy.

MAG

On 2/6/10 12:45 PM, "Kathleen Bergin" <kber...@stcl.edu> wrote:

> Are there obvious examples of a President pursuing a long-term domestic agenda
> through the courts because he couldn't get the votes in Congress to repeal
> problematic legislation?
> 
>  
> 
> Truman's court-based civil rights strategy comes to mind, but are there other
> obvious examples?
> 
>  
> 
>  
> 
> Kathleen A. Bergin
> 
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