New Books In Political Science

Aaron Tang, "Supreme Hubris: How Overconfidence Is Destroying the Court--And How We Can Fix It" (Yale UP, 2023)

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Synopsis

The American public’s confidence in the United States Supreme Court is a historic low – in part based on a belief that the Supreme Court is increasingly behaving as a partisan, political body.  In Supreme Hubris: How Overconfidence Is Destroying the Court--And How We Can Fix It (Yale UP, 2023), legal scholar Aaron Tang argues that partisanship is not the best lens for understanding the Supreme Court. He focuses on overconfidence. According to Professor Tang, the legal arguments of both conservative and liberal justices have a tone of uncompromising certainty. As the Court “lurches stridently from one case to the next,” it delegitimizes opposing views and undermines public confidence in the Court itself. Restoring the Court’s public legitimacy requires the justices to adopt what Professor Tang calls a “least harm rule.” Examining a range of cases – from LGBTQ rights to immigration to juvenile justice – Tang demonstrates how the least harm principle can provide a promising and legally grounded framework for the