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The â€œStenchâ€ of Politics: Polarization and Worldview on the Supreme Court

By (author) Joseph Russomanno, Foreword by Rodney A. Smolla

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The U.S. Supreme Court is as important as ever in the lives of Americans. Contrary to the image-enhancing claims of independence that many of its members claim, however, the Courtâ€™s current supermajority has transformed it into a powerful political institution that wages ideological war meant to return the nation to a previous period, at the same time denying rights to millions. The â€œStenchâ€ of Politics: Polarization and Worldview on the Supreme Court opens a window into the Supreme Court that helps us to understand the institution and its rulings. At the heart of this analysis is worldview, a phenomenon that every person, including Supreme Court justices, possesses. Whether someoneâ€™s worldview is â€œfixedâ€ or â€œfluidâ€ affects who they are, what they believe and what they do. In addition, interpreting the Constitution as an â€œoriginalistâ€ or â€œliving constitutionalistâ€ often dictates case outcomes. By applying these and other constructs to the Supreme Court, the book reveals how the once-revered institution has evolved into one whose majority not only has neglected its commitment to the inscription on its own building, â€œEqual Justice Under Law,â€ but is also determined to remake both the law and the nation.