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Based on the description, I thought this book was a critical examination of the use of common law procedures by the US Supreme Court, which leaves people wondering what the law of the land is due to the many overlapping and often contradictory case rulings. The SCOTUS needs to operate and was intended to operate outside of the English common law MO - to determine if laws comply with the Constitution, not with previous opinions of other justices. This book advocates law-making by judges. Bad form from beginning to end.
This book presents a sophisticated and realistic study of the Supreme Court's decisionmaking process. The focus is primarily on the law of procedure as that law impacts access to the American system of justice. The author avoids the usual superficial arguments about judicial activism versus judicial restraint and instead provides a realistic appraisal of what the Court actually does. Ultimately, the book shows that the Court has systematically created procedural barriers to our system of justice by endorsing an increasingly complex body of procedural law that erects unnecessary barriers to the vindication of individual rights.