The Rehnquist Choice

The Rehnquist Choice
Author: John W. Dean
Publisher: Simon and Schuster
Total Pages: 342
Release: 2002-02-01
Genre: Political Science
ISBN: 0743229797

The explosive, never-before-revealed story of how William Rehnquist became a Supreme Court Justice, told by the man responsible for his candidacy.

The Partisan

The Partisan
Author: John A. Jenkins
Publisher: Public Affairs
Total Pages: 370
Release: 2012-10-02
Genre: Biography & Autobiography
ISBN: 1586488872

Follows Rehnquist's career as a young lawyer in Arizona through his journey to Washington though the Warren and Burger courts to his twenty-year tenure as a Supreme Court Chief Justice who favored government power over individual rights.

Nixon's Court

Nixon's Court
Author: Kevin J. McMahon
Publisher: University of Chicago Press
Total Pages: 358
Release: 2011-09-19
Genre: Political Science
ISBN: 0226561216

Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.

The Most Activist Supreme Court in History

The Most Activist Supreme Court in History
Author: Thomas M. Keck
Publisher: University of Chicago Press
Total Pages: 394
Release: 2010-02-15
Genre: Political Science
ISBN: 0226428869

When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.

Supreme Court Decision-Making

Supreme Court Decision-Making
Author: Cornell W. Clayton
Publisher: University of Chicago Press
Total Pages: 368
Release: 1999
Genre: Law
ISBN: 9780226109541

What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.

Centennial Crisis

Centennial Crisis
Author: William H. Rehnquist
Publisher: Vintage
Total Pages: 290
Release: 2007-12-18
Genre: History
ISBN: 0307425215

In the annals of presidential elections, the hotly contested 1876 race between Rutherford B. Hayes and Samuel J. Tilden was in many ways as remarkable in its time as Bush versus Gore was in ours. Chief Justice William Rehnquist offers readers a colorful and peerlessly researched chronicle of the post—Civil War years, when the presidency of Ulysses S. Grant was marked by misjudgment and scandal, and Hayes, Republican governor of Ohio, vied with Tilden, a wealthy Democratic lawyer and successful corruption buster, to succeed Grant as America’s chief executive. The upshot was a very close popular vote (in favor of Tilden) that an irremediably deadlocked Congress was unable to resolve. In the pitched battle that ensued along party lines, the ultimate decision of who would be President rested with a commission that included five Supreme Court justices, as well as five congressional members from each party. With a firm understanding of the energies that motivated the era’s movers and shakers, and no shortage of insight into the processes by which epochal decisions are made, Chief Justice Rehnquist draws the reader intimately into a nineteenth-century event that offers valuable history lessons for us in the twenty-first.

The Chief

The Chief
Author: Joan Biskupic
Publisher: Basic Books
Total Pages: 415
Release: 2019-03-26
Genre: Biography & Autobiography
ISBN: 0465093280

An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.

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.

The Roberts Court

The Roberts Court
Author: Marcia Coyle
Publisher: Simon and Schuster
Total Pages: 534
Release: 2013-05-07
Genre: Political Science
ISBN: 145162753X

For years, the Supreme Court led by Chief Justice John Roberts has been at the center of a constitutional maelstrom. Here, the much-honored, expert Supreme Court reporter Marcia Coyle's examination of four landmark cases is "informative, insightful, clear and fair...Coyle reminds us that Supreme Court decisions matter. A lot." (Portland Oregonian). Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the US Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside analysis of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began and how they exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United case. Most dramatically, her reporting shows how dedicated conservative lawyers and groups have strategized to find cases and crafted them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat to the struggle to lay down the law of the land.

Closed Chambers

Closed Chambers
Author: Edward Lazarus
Publisher: Penguin Group
Total Pages: 596
Release: 1999
Genre: History
ISBN:

The author of "Black Hills/White Justice" offers an inside look at the most secretive institution in the American government--the Supreme Court. of photos.