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Merely Judgment: Ignoring, Evading, and Trumping the Supreme Court
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2010 Hardcover As New in As New dust jacket 9780813930589. Text clean and tight; Constitutionalism and Democracy; 0.9 x 8.7 x 5.9 Inches; 240 pages.
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Overview
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...