The Rehnquist Choice: The Untold Story of the Nixon Appointment That Redefined the Supreme Court


John W. Dean - 2001
    He was a young, well-polished lawyer who shared many of President Richard Nixon's philosophies and faced no major objections from the Senate. But in truth, the nomination was anything but straightforward. Now, for the first time, former White House counsel John Dean tells the improbable story of Rehnquist's appointment. Dean weaves a gripping account packed with stunning new revelations: of a remarkable power play by Nixon to stack the court in his favor by forcing resignations; of Rehnquist himself, who played a role in the questionable ousting of Justice Abe Fortas; and of Nixon's failed impeachment attempt against William 0. Douglas. In his initial confirmation hearings, Rehnquist provided outrageous and unbelievable responses to questions about his controversial activities in the '50s and '60s -- yet he was confirmed with little opposition. It was only later, during his confirmation as Chief Justice, that his testimony would come under fire -- raising serious questions as to whether he had perjured himself Using newly released tapes, his own papers, and documents unearthed from the National Archives, John Dean offers readers a place in the White House inner circle, providing an unprecedented look at a government process, and a stunning expose of the man who has influenced the United States Supreme Court for the last thirty years.

Courting Justice: From NY Yankees v. Major League Baseball to Bush v. Gore, 1997-2000


David Boies - 2004
    16 pages of photos.

Justice for All: Earl Warren and the Nation He Made


Jim Newton - 2006
    Board of Education, Griswold v. Connecticut, Miranda v. Arizona. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton illuminates both the public and the private Warren. The result is a monumental biography of a complicated and principled figure that will become a seminal work of twentieth-century American history.

Supreme Discomfort: The Divided Soul of Clarence Thomas


Kevin Merida - 2007
    Supreme Discomfort: The Divided Soul of Clarence Thomas is a haunting portrait of an isolated and complex man, savagely reviled by much of the black community, not entirely comfortable in white society, internally wounded by his passage from a broken family and rural poverty in Georgia, to elite educational institutions, to the pinnacle of judicial power. His staunchly conservative positions on crime, abortion, and, especially, affirmative action have exposed him to charges of heartlessness and hypocrisy, in that he is himself the product of a broken home who manifestly benefited from racially conscious admissions policies.Supreme Discomfort is a superbly researched and reported work that features testimony from friends and foes alike who have never spoken in public about Thomas before—including a candid conversation with his fellow justice and ideological ally, Antonin Scalia. It offers a long-overdue window into a man who straddles two different worlds and is uneasy in both—and whose divided personality and conservative political philosophy will deeply influence American life for years to come.

The Dark Side of Lyndon Baines Johnson


Joachim Joesten - 1968
    Joesten carefully documents the little-known facts behind Johnson's involvement in scandals stretching back to his first stolen election in 1948, thru the Bobby Baker, Billy Sol Estes and Walter Jenkins affairs, and culminates with the assassination of John F. Kennedy. Included are LBJ's connection to mobsters, big Texas oil, political graft and corruption, blackmailing of FBI chief J. Edgar Hoover, and a disturbing number of murders committed by his henchmen for LBJ's personal gain.FROM THE BOOK:The true nature of Lyndon B. Johnson has long been hidden from the public through the frenzied efforts of highly paid P.R. wizards and artificial image-builders. William Manchester came closer than most other people to seeing through the benign public relations mask of Lyndon Johnson, but one wouldn't know it from scanning the pages of 'The Death of a President'.If there are two persons in the world who have really come to know Johnson at close quarters, outside of his own family, they are Robert and Jacqueline Kennedy. Manchester interviewed both of them at length and they told him, without mincing their words, what they thought of That Man in the White House. But when Manchester, having faithfully recorded everything the Kennedys had told him, rushed into print with his story, years ahead of schedule, they both got panicky and practically forced him to 'revise' his story out of recognition.Edward J. Epstein, the author of Inquest, somehow managed to get hold of a copy of the original, unedited manuscript of the Manchester book, then entitled 'Death of a Lancer', and revealed in the July issue 1967 of Commentary, some of its contents.In his original draft, Manchester, it seems, made some very pungent remarks about Lyndon Johnson whom he described, among other things, as a 'chameleon who constantly changes loyalties'; 'a capon' and 'a crafty schemer who has a gaunt, hunted look about him'.He also pictured Johnson as 'a full-fledged hypomaniac' and 'the crafty seducer with six nimble hands who can persuade a woman to surrender her favors in the course of a long conversation confined to obscure words. No woman, even a lady, can discern his intentions until the critical moment'.By far the most interesting aspect of this matter, however, is Epstein's contention that Manchester's original theme, which gave unity to his book, was 'the notion that Johnson, the successor, was somehow responsible for the death-of his predecessor'.Several quotations from the original draft bear out this contention. At one point, the Lancer version states, 'The shattering fact of the assassination is that a Texas murder has made a Texan President'.At another, Kenneth O'Donnell, Kennedy's appointments secretary, is quoted as exclaiming 'They did it. I always knew they'd do it. You couldn't expect anything else from them. They finally made it'.Then Manchester comments: 'He didn't specify who "they" were. It was unnecessary. They were Texans, Johnsonians'.But what is one to think of an author who allows his most important work not only to be castrated, but to be turned completely upside down by a publisher more committed to the dictates of expediency than to the search for historical truth?

Clarence Thomas and the Lost Constitution


Myron Magnet - 2019
    He found that his predecessors on the Court were complicit in the first step of this transformation, when in the 1870s they defanged the Civil War amendments intended to give full citizenship to his fellow black Americans. In the next generation, Woodrow Wilson, dismissing the framers and their work as obsolete, set out to replace laws made by the people's representatives with rules made by highly educated, modern, supposedly nonpartisan "experts," an idea Franklin Roosevelt supersized in the New Deal agencies that he acknowledged had no constitutional warrant. Then, under Chief Justice Earl Warren in the 1950s and 1960s, the Nine set about realizing Wilson's dream of a Supreme Court sitting as a permanent constitutional convention, conjuring up laws out of smoke and mirrors and justifying them as expressions of the spirit of the age.But Thomas, who joined the Court after eight years running one of the myriad administrative agencies that the Great Society had piled on top of FDR's batch, had deep misgivings about the new governmental order. He shared the framers' vision of free, self-governing citizens forging their own fate. And from his own experience growing up in segregated Savannah, flirting with and rejecting black radicalism at college, and running an agency that supposedly advanced equality, he doubted that unelected experts and justices really did understand the moral arc of the universe better than the people themselves, or that the rules and rulings they issued made lives better rather than worse. So in the hundreds of opinions he has written in more than a quarter century on the Court--the most important of them explained in these pages in clear, non-lawyerly language--he has questioned the constitutional underpinnings of the new order and tried to restore the limited, self-governing original one, as more legitimate, more just, and more free than the one that grew up in its stead. The Court now seems set to move down the trail he blazed.A free, self-governing nation needs independent-minded, self-reliant citizens, and Thomas's biography, vividly recounted here, produced just the kind of character that the founders assumed would always mark Americans. America's future depends on the power of its culture and institutions to form ever more citizens of this stamp.

The Conviction of Richard Nixon: The Untold Story of the Frost/Nixon Interviews


James Reston Jr. - 2007
    Nixon a pardon on September 8, 1974, one month after Nixon resigned from office in disgrace. Effectively removed from the reach of prosecutors, Nixon returned to California, uncontrite and unconvicted, convinced that time would exonerate him of any wrongdoing and certain that history would remember his great accomplishments—the opening of China and the winding down of the Vietnam War—and forget his “mistake,” the “pipsqueak thing” called Watergate.In 1977, three years after his resignation, Nixon agreed to a series of interviews with television personality David Frost. Conducted over twelve days, they resulted in twenty-eight hours of taped material, which were aired on prime-time television and watched by more than 50 million people worldwide. Nixon, a skilled lawyer by training, was paid $1 million for the interviews, confident that this exposure would launch him back into public life. Instead, they sealed his fate as a political pariah.James Reston, Jr., was David Frost’s Watergate advisor for the interiews, and The Conviction of Richard Nixon is his intimate, behind-the-scenes account of his involvement. Originally written in 1977 and published now for the first time, this book helped inspire Peter Morgan’s hit play Frost/Nixon. Reston doggedly researched the voluminous Watergate record and worked closely with Frost to develop the interrogation strategy. Even at the time, Reston recognized the historical importance of the Frost/Nixon interviews; they would result either in Nixon’s de facto conviction and vindication for the American people, or in his exoneration and public rehabilitation in the hands of a lightweight. Focused, driven, and committed to exposing the truth, Reston worked tirelessly to arm Frost with the information he needed to force Nixon to admit his culpability. In The Conviction of Richard Nixon, Reston provides a fascinating, fly-on-the-wall account of his involvement in the Nixon interviews as David Frost’s Watergate adviser. Written in 1977 immediately following these celebrated television interviews and published now for the first time, The Conviction of Richard Nixon explains how a British journalist of waning consequence drove the famously wily and formidable Richard Nixon to say, in an apparent personal epiphany, “I have impeached myself.”From the Hardcover edition.

Invisible: The Forgotten Story of the Black Woman Lawyer Who Took Down America's Most Powerful Mobster


Stephen L. Carter - 2017
    When special prosecutor Thomas E. Dewey selected twenty lawyers to help him clean up the city’s underworld, she was the only member of his team who was not a white male.Eunice Hunton Carter, Stephen Carter’s grandmother, was raised in a world of stultifying expectations about race and gender, yet by the 1940s, her professional and political successes had made her one of the most famous black women in America. But her triumphs were shadowed by prejudice and tragedy. Greatly complicating her rise was her difficult relationship with her younger brother, Alphaeus, an avowed Communist who ― together with his friend Dashiell Hammett ― would go to prison during the McCarthy era. Yet she remained unbowed.Moving, haunting, and as fast-paced as a novel, Invisible tells the true story of a woman who often found her path blocked by the social and political expectations of her time. But Eunice Carter never accepted defeat, and thanks to her grandson’s remarkable book, her long forgotten story is once again visible.

The Conservative Assault on the Constitution


Erwin Chemerinsky - 2010
    Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American.As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion.Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people.Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect.The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.

Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices


Noah Feldman - 2010
    A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. SCORPIONS tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.

Thurgood Marshall: American Revolutionary


Juan Williams - 1998
    This New York Times Notable Book of the Year, 1998, is now in trade paper.From the bestselling author of Eyes on the Prize, here is the definitive biography of the great lawyer and Supreme Court justice.

Four Trials


John Reid Edwards - 2003
    He built a national reputation representing people whose lives had been shattered by corporate recklessness and grievous medical negligence. In landmark cases, Edwards helped people from all walks of life stand up for themselves against tremendous odds. Four Trials provides an electrifying account of four of his cases as it tells the story of the courageous and unmistakably decent people Edwards was privileged to represent in times of tragedy, great loss, and often great joy. And in a deeply moving account, Four Trials also speaks of the tragedies and joys that Senator Edwards has known in his own life -- and how today life and justice are more precious to him than ever.

Ruth Bader Ginsburg: A Life


Jane Sherron De Hart - 2018
    At the heart of her story and abiding beliefs--her Jewish background. Tikkun olam, the Hebrew injunction to "repair the world," with its profound meaning for a young girl who grew up during the Holocaust and World War II. We see the influence of her mother, Celia Amster Bader, whose intellect inspired her daughter's feminism, insisting that Ruth become independent, as she witnessed her mother coping with terminal cervical cancer (Celia died the day before Ruth, at seventeen, graduated from high school). From Ruth's days as a baton twirler at Brooklyn's James Madison High School, to Cornell University, Harvard and Columbia Law Schools (first in her class), to being a law professor at Rutgers University (one of the few women in the field and fighting pay discrimination), hiding her second pregnancy so as not to risk losing her job; founding the Women's Rights Law Reporter, writing the brief for the first case that persuaded the Supreme Court to strike down a sex-discriminatory state law, then at Columbia (the law school's first tenured female professor); becoming the director of the women's rights project of the ACLU, persuading the Supreme Court in a series of decisions to ban laws that denied women full citizenship status with men. Her years on the U.S. Court of Appeals for the District of Columbia Circuit, deciding cases the way she played golf, as she, left-handed, played with right-handed clubs--aiming left, swinging right, hitting down the middle. Her years on the Supreme Court . . . A pioneering life and legal career whose profound mark on American jurisprudence, on American society, on our American character and spirit, will reverberate deep into the twenty-first century and beyond.

The American Supreme Court (The Chicago History of American Civilization)


Robert G. McCloskey - 1960
    McCloskey's classic work on the Supreme Court's role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation's highest court. In this fourth edition, Sanford Levinson extends McCloskey's magisterial treatment to address the Court's most recent decisions, including its controversial ruling in Bush v. Gore and its expansion of sexual privacy in Lawrence v. Texas. The book's chronology of important Supreme Court decisions and itsannotated bibliographical essay have also been updated.As in previous editions, McCloskey's original text remains unchanged. He argues that the Court's strength has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. Levinson's two new chapters show how McCloskey's approach continues to illuminate recent developments, such as the Court's seeming return to its pre-1937 role as "umpire" of the federal system. It is in Bush v. Gore, however, where the implications of McCloskey's interpretation stand out most clearly.The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to its past, present, and future prospects of this institution.

Scalia Dissents: Writings of the Supreme Court's Wittiest, Most Outspoken Justice


Antonin Scalia - 2004
    Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volumethe first of its kind showcases the quotable justice's take on many of today's most contentious constitutional debates. "Scalia Dissents" contains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. "Scalia Dissents" is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time."