Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights

Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights
Author: Erwin Chemerinsky
Publisher: Liveright Publishing
Total Pages: 344
Release: 2021-08-24
Genre: Law
ISBN: 1631496522

An unprecedented work of civil rights and legal history, Presumed Guilty reveals how the Supreme Court has enabled racist policing and sanctioned law enforcement excesses through its decisions over the last half-century. Police are nine times more likely to kill African-American men than they are other Americans—in fact, nearly one in every thousand will die at the hands, or under the knee, of an officer. As eminent constitutional scholar Erwin Chemerinsky powerfully argues, this is no accident, but the horrific result of an elaborate body of doctrines that allow the police and, crucially, the courts to presume that suspects—especially people of color—are guilty before being charged. Today in the United States, much attention is focused on the enormous problems of police violence and racism in law enforcement. Too often, though, that attention fails to place the blame where it most belongs, on the courts, and specifically, on the Supreme Court. A “smoking gun” of civil rights research, Presumed Guilty presents a groundbreaking, decades-long history of judicial failure in America, revealing how the Supreme Court has enabled racist practices, including profiling and intimidation, and legitimated gross law enforcement excesses that disproportionately affect people of color. For the greater part of its existence, Chemerinsky shows, deference to and empowerment of the police have been the modi operandi of the Supreme Court. From its conception in the late eighteenth century until the Warren Court in 1953, the Supreme Court rarely ruled against the police, and then only when police conduct was truly shocking. Animating seminal cases and justices from the Court’s history, Chemerinsky—who has himself litigated cases dealing with police misconduct for decades—shows how the Court has time and again refused to impose constitutional checks on police, all the while deliberately gutting remedies Americans might use to challenge police misconduct. Finally, in an unprecedented series of landmark rulings in the mid-1950s and 1960s, the pro-defendant Warren Court imposed significant constitutional limits on policing. Yet as Chemerinsky demonstrates, the Warren Court was but a brief historical aberration, a fleeting liberal era that ultimately concluded with Nixon’s presidency and the ascendance of conservative and “originalist” justices, whose rulings—in Terry v. Ohio (1968), City of Los Angeles v. Lyons (1983), and Whren v. United States (1996), among other cases—have sanctioned stop-and-frisks, limited suits to reform police departments, and even abetted the use of lethal chokeholds. Written with a lawyer’s knowledge and experience, Presumed Guilty definitively proves that an approach to policing that continues to exalt “Dirty Harry” can be transformed only by a robust court system committed to civil rights. In the tradition of Richard Rothstein’s The Color of Law, Presumed Guilty is a necessary intervention into the roiling national debates over racial inequality and reform, creating a history where none was before—and promising to transform our understanding of the systems that enable police brutality.

Justice on the Brink

Justice on the Brink
Author: Linda Greenhouse
Publisher: Random House Trade Paperbacks
Total Pages: 353
Release: 2022-10-04
Genre: Political Science
ISBN: 0593447948

The gripping story of the Supreme Court’s transformation from a measured institution of law and justice into a highly politicized body dominated by a right-wing supermajority, told through the dramatic lens of its most transformative year, by the Pulitzer Prize–winning law columnist for The New York Times—with a new preface by the author “A dazzling feat . . . meaty, often scintillating and sometimes scary . . . Greenhouse is a virtuoso of SCOTUS analysis.”—The Washington Post In Justice on the Brink, legendary journalist Linda Greenhouse gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect. In a page-turning narrative, she recounts the twelve months when the court turned its back on its legacy and traditions, abandoning any effort to stay above and separate from politics. With remarkable clarity and deep institutional knowledge, Greenhouse shows the seeds being planted for the court’s eventual overturning of Roe v. Wade, expansion of access to guns, and unprecedented elevation of religious rights in American society. Both a chronicle and a requiem, Justice on the Brink depicts the struggle for the soul of the Supreme Court, and points to the future that awaits all of us.

The Agenda

The Agenda
Author: Ian Millhiser
Publisher:
Total Pages:
Release: 2021-03-30
Genre: Law
ISBN: 9781734420760

From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States. Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right--its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws.