The Next Justice

The Supreme Court appointments process is broken, and the timing couldn't be worse-for liberals or conservatives. We are likely to see the replacement of one or more justices in the very near future, and both President Obama and the Senate will need to make informed judgments about the next nominee to the Court-judgments that will be difficult to make well unless the appointments process is fixed now.

Christopher L. Eisgruber is provost and Laurance S. Rockefeller Professor of Public Affairs at Princeton University. He is the coauthor of Religious Freedom and the Constitution and the author of Constitutional Self-Government. He is a former New York University law professor and a former clerk for Supreme Court justice John Paul Stevens and U.S. Court of Appeals judge Patrick E. Higginbotham.

Preface	p. ix
A Broken Process in Partisan Times	p. 1
Why Judges Cannot Avoid Political Controversy	p. 17
The Incoherence of Judicial Restraint	p. 31
Politics at the Court	p. 51
Why Judges Sometimes Agree When Politicians Cannot	p. 73
Judicial Philosophies and Why They Matter	p. 98
How Presidents Have Raised the Stakes	p. 124
Should the Senate Defer to the President?	p. 144
How to Change the Hearings	p. 164
What Kinds of Justices Should We Want?	p. 178
The Path Forward	p. 186
Notes	p. 193
Index	p. 225
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