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One Case at a Time : Judicial Minimalism on the Supreme Court
One Case at a Time Judicial Minimalism on the Supreme Court Author:Cass R. Sunstein One of America's preeminent constitutional scholars, Cass R. Sunstein mounts a defense of the most striking characteristic of the current Supreme Court: its inclination to decide one case at a time. Examining various controversies, he shows how and why the Court has avoided broad rulings on issues such as abortion, affirmative action, the "right... more » to die," pornography and free speech, and homosexuality and sex discrimination—and how, in doing so, it has fostered rather than foreclosed public debate on these difficult topics. An authoritative guide to the Supreme Court, the book offers a new understanding of the American Constitution and of the relationship between democracy and constitutionalism, and between rights and self-government. "Respectful of the political branches, mindful of the role of the Supreme Court in the whole of American government, this admirable book makes a judicious case for a philosophy of judging as a humble, difficult, essential art." —Lincoln Caplan, New York Times Book Review "[Sunstein] achieves what has so far been elusive, a genuine theory of judicial minimalism, which many judges strive for but often have difficulty describing or justifying." —Economist« less