Answering The Call Of The Court

The U.S. Supreme Court is the quintessential example of a court that expanded its agenda into policy areas that were once reserved for legislatures. Yet scholars know very little about what causes attention to various policy areas to ebb and flow on the Supreme Court’s agenda. Vanessa A. Baird’s Answering the Call of the Court: How Justices and Litigants Set the Supreme Court Agenda represents the first scholarly attempt to connect justices’ priorities, litigants’ strategies, and aggregate policy outputs of the U.S. Supreme Court. Most previous studies on the Supreme Court’s agenda examine case selection, but Baird demonstrates that the agenda-setting process begins long before justices choose which cases they will hear. When justices signal their interest in a particular policy area, litigants respond by sponsoring well-crafted cases in those policy areas. Approximately four to five years later, the Supreme Court’s agenda in those areas expands, with cases that are comparatively more politically important and divisive than other cases the Court hears. From issues of discrimination and free expression to welfare policy, from immigration to economic regulation, strategic supporters of litigation pay attention to the goals of Supreme Court justices and bring cases they can use to achieve those goals. Since policy making in courts is iterative, multiple well-crafted cases are needed for courts to make comprehensive policy. Baird argues that judicial policy-making power depends on the actions of policy entrepreneurs or other litigants who systematically respond to the priorities and preferences of Supreme Court justices.

“Jones, a trailblazing African American judge, delivers an urgently needed perspective on American history . . . [A] passionate and informative account” (Booklist, starred review). Answering the Call is an extraordinary eyewitness account from an unsung hero of the battle for racial equality in America—a battle that, far from ending with the great victories of the civil rights era, saw some of its signal achievements in the desegregation fights of the 1970s and its most notable setbacks in the affirmative action debates that continue into the present in Ferguson, Baltimore, and beyond. Judge Nathaniel R. Jones’s groundbreaking career was forged in the 1960s: As the first African American assistant US attorney in Ohio; as assistant general counsel of the Kerner Commission; and, beginning in 1969, as general counsel of the NAACP. In that latter role, Jones coordinated attacks against Northern school segregation—a vital, divisive, and poorly understood chapter in the movement for equality—twice arguing in the pivotal US Supreme Court case Bradley v. Milliken, which addressed school desegregation in Detroit. He also led the national response to the attacks against affirmative action, spearheading and arguing many of the signal legal cases of that effort. Answering the Call is “a stunning, inside story of the contemporary struggle for civil rights . . . Essential reading for understanding where we are today—underscoring just how much work is left to be done” (Vernon E. Jordan Jr., civil rights activist). “A forthright testimony by a witness to history.” —Kirkus Reviews

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