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David Klein - 20 Mar

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David Klein 20 Mar

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Each year, the Supreme Court of the United States announces new rulings with deep consequences for our lives. This inaugural volume in Palgraves new SCOTUS series describes, explains, and contextualizes the landmark cases of the US Supreme Court in the term ending in 2018, covering issues such as gay rights, religious liberty, public sector unions, coerced speech, digital privacy, voting rights, and the Trump travel ban. Bringing together notable scholars of the Court in one volume, the chapters in Scotus 2018 present the details of each ruling in its specific case, its meaning for constitutional debate, and its impact on public policy or partisan politics.Finally, SCOTUS 2018 offers a big-picture look at Justice Neil Gorsuchs first full term in office, the legal and political legacy of former Justice Anthony Kennedy, and the controversial nomination and confirmation of Justice Brett Kavanaugh.

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Contents
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Editors David Klein and Morgan Marietta SCOTUS 2018 Major Decisions and - photo 1
Editors
David Klein and Morgan Marietta
SCOTUS 2018 Major Decisions and Developments of the US Supreme Court
Editors David Klein Department of Political Science Eastern Michigan - photo 2
Editors
David Klein
Department of Political Science, Eastern Michigan University, Ypsilanti, MI, USA
Morgan Marietta
Department of Political Science, University of Massachusetts Lowell, Lowell, MA, USA
ISBN 978-3-030-11254-7 e-ISBN 978-3-030-11255-4
https://doi.org/10.1007/978-3-030-11255-4
Library of Congress Control Number: 2018967211
The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2019
This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

Cover design by Oscar Spigolon

This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG

The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Preface

Welcome to this new annual series on the major rulings of the Supreme Court.

Each year, the Supreme Court announces new rulings with deep consequences for our lives. The decisions this year will influence how we conduct elections, who are (or are not) our neighbors, how LGBT citizens and religious businesses interact, and how millions of public employees relate to their unions. The rulings change how some of us pay taxes and whether the government has access to the data in our cell phones. But the grounds for those decisions can be obscure. The Constitution can seem distant and difficult rather than clear and compelling. Depending on how we read and understand our laws, a claim to citizen rights or to government powers can be self-evident or utterly disputed; sometimes it is obvious from one perspective, but demonstrably wrong from another. When the Justices of the Supreme Court address these disputes, many Americans want a clear, immediate discussion of the rulings and their meaning, but it is often unavailable. This series attempts to provide that discussion as soon as possible after the major decisions of the year are announced.

Each year, this volume will discuss the Courts most important decisions and developments. Often, the rulings focus on citizen rights versus government powers under the Constitution, though sometimes the Court also settles competing understandings of the text of laws (statutory interpretation), which the volumes will also explain. When a Justice departs or a new Justice arrives, we will discuss the meaning of the change for the Courts future.

For major rulings of the Court, individual chapters by noted scholars will discuss:
  1. the details of the ruling ,

  2. what it means for legal debate , including the rights the Constitution recognizes, the principles it represents, and especially the divisions over how our laws should be read and interpreted, and

  3. when possible, the implications of the ruling for public policy or partisan politics .

Perhaps the core purpose of the Supreme Court is to identify the existence and limits of rights, those concepts asserted by the Declaration of Independence and upheld by the Constitution, which citizens and groups hold regardless of the will of the majority. The politics of rightsfree speech rights, religious rights, gay rights, gun rights, corporate rights, immigrant rights, privacy rights, and many othersare at the heart of American democracy. Many assertions of rights are recognized, while some are revolutionary. One of the core dilemmas of our system of government is when individual citizens hold a right to decide things for themselves, or when the majority is empowered to make decisions for all of us. The Supreme Court is the last resort for those who believe that their rights have been violated, as well as for those who believe that claims to rights have been expanded too far at the expense of majority rule and necessary governance.

The Supreme Court and its rulings are both principled and political. The decisions are grounded in deep (and disputed) beliefs about how the Constitution should be understood, as well as competing perceptions of the realities of contemporary society. The Courts rulings have long-term ramifications for legal doctrines as well as for the daily lives of Americans. For these reasons, the authors in this book are scholars of both the law and of American politics. They come from diverse backgrounds, with an array of academic, legal, ideological, practical, and scholarly perspectives. The rulings they explain in the following chapters speak of the long and complex history of our constitutional conflicts, but are meant to be understood and considered by ordinary citizens. In that sense, we aim to be a useful addition to the public discussion of the Constitution and the Court.

David Klein
Morgan Marietta
Ypsilanti, USA; Lowell, USA
Contents
Morgan Marietta
David Klein
Alex Keena , Michael Latner , Anthony J. McGann and Charles Anthony Smith
Richard Pacelle
Brett Curry
Stephen M. Engel
Anthony A. Peacock
Morgan Marietta
Carol Nackenoff and Gilbert Orbea
Morgan Marietta
Julie Novkov
Notes on Contributors
Brett Curry

is Professor of Political Science at Georgia Southern University. His research centers on aspects of judicial politics and decision making. His scholarship has been published in a number of journals including the Journal of Politics, Law & Society Review, Law & Social Inquiry, American Politics Research, and Justice System Journal. His coauthored book, Decision Making by the Modern Supreme Court, was published with Cambridge University Press in 2011. A second book, U.S. Attorneys, Political Control, and Career Ambition, was recently published by Oxford University Press.

Stephen M. Engel

is Professor and Chair of Politics at Bates College and an Affiliated Scholar of the American Bar Foundation. His research and teaching focus on American political development, constitutional law, and LGBTQ+ politics. He has written three books:

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