The Case Against the Supreme Court

The Case Against the Supreme Court
Author: Erwin Chemerinsky
Publisher: Penguin Books
Total Pages: 402
Release: 2015-09-29
Genre: History
ISBN: 0143128000

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

Supreme Court Review 2016

Supreme Court Review 2016
Author: Dennis J. Hutchinson
Publisher: University of Chicago Press
Total Pages: 474
Release: 2017-06-22
Genre: Law
ISBN: 022649084X

For more than fifty years, The Supreme Court Review has won acclaim for providing a sustained and authoritative survey of the implications of the Court’s most significant decisions. The Supreme Court Review is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. It is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.

The Age of Deference

The Age of Deference
Author: David Rudenstine
Publisher: Oxford University Press
Total Pages: 345
Release: 2016
Genre: Law
ISBN: 0199381488

The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.

Supreme Disorder

Supreme Disorder
Author: Ilya Shapiro
Publisher: Simon and Schuster
Total Pages: 250
Release: 2020-09-22
Genre: Political Science
ISBN: 1684510724

NAMED ONE OF THE BEST BOOKS OF 2021: POLITICS BY THE WALL STREET JOURNAL "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.

Imbeciles

Imbeciles
Author: Adam Cohen
Publisher: Penguin
Total Pages: 418
Release: 2016-03-01
Genre: History
ISBN: 1101980834

Longlisted for the 2016 National Book Award for Nonfiction One of America’s great miscarriages of justice, the Supreme Court’s infamous 1927 Buck v. Bell ruling made government sterilization of “undesirable” citizens the law of the land In 1927, the Supreme Court handed down a ruling so disturbing, ignorant, and cruel that it stands as one of the great injustices in American history. In Imbeciles, bestselling author Adam Cohen exposes the court’s decision to allow the sterilization of a young woman it wrongly thought to be “feebleminded” and to champion the mass eugenic sterilization of undesirable citizens for the greater good of the country. The 8–1 ruling was signed by some of the most revered figures in American law—including Chief Justice William Howard Taft, a former U.S. president; and Louis Brandeis, a progressive icon. Oliver Wendell Holmes, considered by many the greatest Supreme Court justice in history, wrote the majority opinion, including the court’s famous declaration “Three generations of imbeciles are enough.” Imbeciles is the shocking story of Buck v. Bell, a legal case that challenges our faith in American justice. A gripping courtroom drama, it pits a helpless young woman against powerful scientists, lawyers, and judges who believed that eugenic measures were necessary to save the nation from being “swamped with incompetence.” At the center was Carrie Buck, who was born into a poor family in Charlottesville, Virginia, and taken in by a foster family, until she became pregnant out of wedlock. She was then declared “feebleminded” and shipped off to the Colony for Epileptics and Feeble-Minded. Buck v. Bell unfolded against the backdrop of a nation in the thrall of eugenics, which many Americans thought would uplift the human race. Congress embraced this fervor, enacting the first laws designed to prevent immigration by Italians, Jews, and other groups charged with being genetically inferior. Cohen shows how Buck arrived at the colony at just the wrong time, when influential scientists and politicians were looking for a “test case” to determine whether Virginia’s new eugenic sterilization law could withstand a legal challenge. A cabal of powerful men lined up against her, and no one stood up for her—not even her lawyer, who, it is now clear, was in collusion with the men who wanted her sterilized. In the end, Buck’s case was heard by the Supreme Court, the institution established by the founders to ensure that justice would prevail. The court could have seen through the false claim that Buck was a threat to the gene pool, or it could have found that forced sterilization was a violation of her rights. Instead, Holmes, a scion of several prominent Boston Brahmin families, who was raised to believe in the superiority of his own bloodlines, wrote a vicious, haunting decision upholding Buck’s sterilization and imploring the nation to sterilize many more. Holmes got his wish, and before the madness ended some sixty to seventy thousand Americans were sterilized. Cohen overturns cherished myths and demolishes lauded figures in relentless pursuit of the truth. With the intellectual force of a legal brief and the passion of a front-page exposé, Imbeciles is an ardent indictment of our champions of justice and our optimistic faith in progress, as well as a triumph of American legal and social history.

US Supreme Court Opinions and their Audiences

US Supreme Court Opinions and their Audiences
Author: Ryan C. Black
Publisher: Cambridge University Press
Total Pages: 197
Release: 2016-04-06
Genre: Law
ISBN: 1107137144

An investigation of how US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences.

Supreme Ambition

Supreme Ambition
Author: Ruth Marcus
Publisher: Simon & Schuster
Total Pages: 496
Release: 2020-11-17
Genre: Political Science
ISBN: 1982123877

The Washington Post journalist and legal expert Ruth Marcus goes behind the scenes to document the inside story of the Brett Kavanaugh confirmation battle and the Republican plot to take over the Supreme Court—thirty years in the making—in this “impressively reported, highly insightful, and rollicking good read” (The New York Times Book Review). In the summer of 2018 the Kavanaugh drama unfolded so fast it seemed to come out of nowhere. With the power of the #MeToo movement behind her, a terrified but composed Christine Blasey Ford walked into a Senate hearing room to accuse Kavanaugh of sexual assault. This unleashed unprecedented fury from a Supreme Court nominee who accused Democrats of a “calculated and orchestrated political hit.” But behind this showdown was a much bigger one. The Washington Post journalist and legal expert Ruth Marcus documents the thirty-year mission by conservatives to win a majority on the Supreme Court and the lifelong ambition of Brett Kavanaugh to secure his place in that victory. The reporting in Supreme Ambition is full of revealing and weighty headlines, as Marcus answers the most pressing questions surrounding this historical moment: How did Kavanaugh get the nomination? Was Blasey Ford’s testimony credible? What does his confirmation mean for the future of the court? Were the Democrats outgunned from the start? On the way, she uncovers secret White House meetings, intense lobbying efforts, private confrontations on Capitol Hill, and lives forever upended on both coasts. This “extraordinarily detailed” (The Washington Post) page-turner traces how Brett Kavanaugh deftly maneuvered to become the nominee and how he quashed resistance from Republicans and from a president reluctant to reward a George W. Bush loyalist. It shows a Republican party that had concluded Kavanaugh was too big to fail, with senators and the FBI ignoring potentially devastating evidence against him. And it paints a picture of Democratic leaders unwilling to engage in the no-holds-barred partisan warfare that might have defeated the nominee. In the tradition of The Brethren and The Power Broker, Supreme Ambition is the definitive account of a pivotal moment in modern history, one that will shape the judicial system of America for generations to come.

The Most Dangerous Branch

The Most Dangerous Branch
Author: David A. Kaplan
Publisher: Crown
Total Pages: 489
Release: 2018-09-04
Genre: Political Science
ISBN: 1524759929

In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. Brett Kavanaugh—replacing Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court—Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.

Dissent and the Supreme Court

Dissent and the Supreme Court
Author: Melvin I. Urofsky
Publisher: Vintage
Total Pages: 545
Release: 2015-10-13
Genre: Law
ISBN: 110187063X

“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.

Business and the Roberts Court

Business and the Roberts Court
Author: Jonathan H. Adler
Publisher: Oxford University Press
Total Pages: 353
Release: 2016
Genre: Business & Economics
ISBN: 0199859345

Is the Roberts Court "pro-business"? If so, what does this mean for the law and the American people? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence, combining a series of empirical and doctrinal analyses of how the Roberts Court has treated business and business law.