But not in the case of the most famous dissenter on the Supreme Court. Almost a century after his death, John Marshall Harlan’s words helped end segregation and gave us our civil rights and our modern economic freedom. But his legacy would not have been possible without the courage of Robert Harlan, a slave who John’s father raised like a son in the same household. After the Civil War, Robert emerges as a political leader. With Black people holding power in the Republican Party, it is Robert who helps John land his appointment to the Supreme Court. At first, John is awed by his fellow justices, but the country is changing. Northern whites are prepared to take away black rights to appease the South. Giant trusts are monopolizing entire industries. Against this onslaught, the Supreme Court seemed all too willing to strip away civil rights and invalidate labor protections. So as case after case comes before the court, challenging his core values, John makes a fateful decision: He breaks with his colleagues in fundamental ways, becoming the nation’s prime defender of the rights of Black people, immigrant laborers, and people in distant lands occupied by the US. Harlan’s dissents, particularly in Plessy v. Ferguson, were widely read and a source of hope for decades. Thurgood Marshall called Harlan’s Plessy dissent his “Bible”—and his legal roadmap to overturning segregation. In the end, Harlan’s words built the foundations for the legal revolutions of the New Deal and Civil Rights eras. Spanning from the Civil War to the Civil Rights movement and beyond, The Great Dissenter is a “magnificent” (Douglas Brinkley) and “thoroughly researched” (The New York Times) rendering of the American legal system’s most significant failures and most inspiring successes.

    In tracing his ancestry, the influence on both his maternal and paternal sides is evident in the values they imbued in their children – the importance of family, the value of hard work and education, an uncompromising moral code, compassion for those less fortunate and unflinching refusal to accept an unjust political regime or acknowledge its oppressive laws. As a young activist in the Pan-Africanist Congress, at the tender age of fifteen, Moseneke was arrested, detained and, in 1963, sentenced to ten years on Robben Island for participating in anti-apartheid activities. Physical incarceration, harsh conditions and inhumane treatment could not imprison the political prisoners’ minds, however, and for many the Island became a school not only in politics but an opportunity for dedicated study, formal and informal. It set the young Moseneke on a path towards a law degree that would provide the bedrock for a long and fruitful legal career and see him serve his country in the highest court. My Own Liberator charts Moseneke’s rise as one of the country’s top legal minds, who not only helped to draft the interim constitution, but for fifteen years acted as a guardian of that constitution for all South Africans, helping to make it a living document for the country and its people. “This memoir is a fascinating account of the formation of the cadres who would have the responsibility both to help liberate our country and attend to its reconstruction and development.” Thabo Mbeki

    In this timely and accessible book, Richard L. Hasen uses riveting stories illustrating four factors increasing the mistrust. Voter suppression has escalated as a Republican tool aimed to depress turnout of likely Democratic voters, fueling suspicion. Pockets of incompetence in election administration, often in large cities controlled by Democrats, have created an opening to claims of unfairness. Old-fashioned and new-fangled dirty tricks, including foreign and domestic misinformation campaigns via social media, threaten electoral integrity. Inflammatory rhetoric about “stolen” elections supercharges distrust among hardcore partisans. Taking into account how each of these threats has manifested in recent years—most notably in the 2016 and 2018 elections—Hasen offers concrete steps that need to be taken to restore trust in American elections before the democratic process is completely undermined.

    In The Dirty Dozen, two distinguished legal scholars shed light on the twelve worst cases, which allowed government to interfere in your private contractual agreements; curtail your right to criticize or support political candidates; arrest and imprison you indefinitely, without filing charges; seize your private property, without compensation, when someone uses the property for criminal activity-even if you don't know about it.

    I am furious. Because I never thought it would happen to us. Not us, the rainbow nation that defied doomsayers and suckled and nurtured a fragile democracy into life for its children. I never thought it would happen to us, this relentless decline, the flirtation with a leap over the cliff.” In a searing, honest paean to his country, renowned political journalist and commentator Justice Malala forces South Africa to come face to face with the country it has become: corrupt, crime-ridden, compromised, its institutions captured by a selfish political elite bent on enriching itself at the expense of everyone else. In this deeply personal reflection, Malala’s diagnosis is devastating: South Africa is on the brink of ruin. He does not stop there. Malala believes that we have the wherewithal to turn things around: our lauded Constitution, the wealth of talent that exists, our history of activism and a democratic trajectory can all be used to stop the rot. But he has a warning: South Africans of all walks of life need to wake up and act, or else they will soon find their country has been stolen.

    On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes”—their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the Court’s history, he suggests that the judiciary’s hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, “no influence over either the sword or the purse,” the Court earned its authority by making decisions that have, over time, increased the public’s trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity.Breyer warns that political intervention could itself further erode public trust. Without the public’s trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

    Supreme Court’s epochal decision outlawing racial segregation and the centerpiece of African-Americans’ ongoing crusade for equal justice under law.The 1954 Supreme Court ruling in the case of Brown v. Board of Education brought centuries of legal segregation in this country to an end. It was and remains, beyond question, one of the truly significant events in American history, “probably the most important American government act of any kind since the Emancipation Proclamation,” in the view of constitutional scholar Louis H. Pollak. The Brown decision climaxed a long, torturous battle for black equality in education, making hard law out of vague principles and opening the way for the broad civil rights upheavals of the 1960s and beyond.Simple Justice is the story of that battle. Richard Kluger traces the background of the epochal decision, from its remote legal and cultural roots to the complex personalities of those who brought about its realization. The result is a landmark work of popular history, graceful and fascinatingly detailed, the panoramic account of a struggle for human dignity in process since the birth of the nation.Here is the human drama, told in all its dimensions, of the many plaintiffs, men, women, and children, variously scared or defiant but always determined, who made the hard decision to proceed – bucking the white power structure in Topeka, Kansas; braving night riders in rural South Carolina; rallying fellow high school students in strictly segregated Prince Edward County, Virginia – and at a dozen other times and places showing their refusal to accept defeat.Here, too, is the extraordinary tale, told for the first time, of the black legal establishment, forced literally to invent itself before it could join the fight, then patiently assembling, in courtroom after courtroom, a body of law that would serve to free its people from thralldom to unjust laws. Heroes abound, some obscure, like Charles Houston (who built Howard Law School into a rigorous academy for black lawyers) and the Reverend J.A. DeLaine (the minister-teacher who, despite bitter opposition, organized and led the first crucial fight for educational equality in the Jim Crow South), others like Thurgood Marshall, justly famous – but all of whose passionate devotion proved intense enough to match their mission.Reading Simple Justice, we see how black Americans’ groundswell urge for fair treatment collides with the intransigence of white supremacists in a grinding legal campaign that inevitably found its way to the halls and chambers of the Supreme Court for a final showdown. Kluger searches out and analyzes what went on there during the months of hearings and deliberations, often behind closed doors, laying bare the doubts, disagreements, and often deeply held convictions of the nine Justices. He shows above all how Chief Justice Earl Warren, new to the Court but old in the ways of politics, achieved the impossible – a unanimous decision to reverse the 58-year-old false doctrine of “separate but equal” education for blacks. Impeccably researched and elegantly written, this may be the most revealing report ever published of America’s highest court at work.Based on extensive interviews and both published and unpublished documentary sources, Simple Justice has the lineaments of an epic. It will stand as the classic study of a turning point in our history.

    

    The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy.Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence.But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

    In this stunning new biography, award-winning author Wil Haygood surpasses the emotional impact of his inspiring best seller The Butler to detail the life and career of one of the most transformative legal minds of the past one hundred years. Using the framework of the dramatic, contentious five-day Senate hearing to confirm Marshall as the first African-American Supreme Court justice, Haygood creates a provocative and moving look at Marshall’s life as well as the politicians, lawyers, activists, and others who shaped—or desperately tried to stop—the civil rights movement of the twentieth century: President Lyndon Johnson; Congressman Adam Clayton Powell Jr., whose scandals almost cost Marshall the Supreme Court judgeship; Harry and Harriette Moore, the Florida NAACP workers killed by the KKK; Justice J. Waties Waring, a racist lawyer from South Carolina, who, after being appointed to the federal court, became such a champion of civil rights that he was forced to flee the South; John, Robert, and Ted Kennedy; Senator Strom Thurmond, the renowned racist from South Carolina, who had a secret black mistress and child; North Carolina senator Sam Ervin, who tried to use his Constitutional expertise to block Marshall’s appointment; Senator James Eastland of Mississippi, the head of the Senate Judiciary Committee, who stated that segregation was “the law of nature, the law of God”; Arkansas senator John McClellan, who, as a boy, after Teddy Roosevelt invited Booker T. Washington to dinner at the White House, wrote a prize-winning school essay proclaiming that Roosevelt had destroyed the integrity of the presidency; and so many others. This galvanizing book makes clear that it is impossible to overestimate Thurgood Marshall’s lasting influence on the racial politics of our nation.

    Becker's important study is an analysis of the concepts expressed in the Declaration. Here is a lucid explanation of what the Declaration really is, what views it sets forth, where those views arose, and how they have been accepted or modified by succeeding generations. A book that every American should read.

    --Jill Filipovic, The Washington Post ...Generous but also damning. --Hanna Rosin, The New York TimesFrom two New York Times reporters, a deeper look at the formative years of Supreme Court Justice Brett Kavanaugh and his confirmation.In September 2018, the F.B.I. was given only a week to investigate allegations of sexual misconduct against Brett Kavanaugh, President Trump's Supreme Court nominee. But even as Kavanaugh was sworn in to his lifetime position, many questions remained unanswered, leaving millions of Americans unsettled.During the Senate confirmation hearings that preceded the bureau's brief probe, New York Times reporters Robin Pogrebin and Kate Kelly broke critical stories about Kavanaugh's past, including the Renate Alumni yearbook story. They were inundated with tips from former classmates, friends, and associates that couldn't be fully investigated before the confirmation process closed. Now, their book fills in the blanks and explores the essential question: Who is Brett Kavanaugh?The Education of Brett Kavanaugh paints a picture of the prep-school and Ivy-League worlds that formed our newest Supreme Court Justice. By offering commentary from key players from his confirmation process who haven't yet spoken publicly and pursuing lines of inquiry that were left hanging, it will be essential reading for anyone who wants to understand our political system and Kavanaugh's unexpectedly emblematic role in it.

    She was 32 years old at the time, a former Mrs. Wisconsin (she'd entered the contest on a dare) and a mother of three who had never travelled outside the United States. What she brought to Afghanistan was a toughness and resilience which came from growing up in the projects in one of the most dangerous cities in America, a fundamental belief in everyone's right to justice - whether you live in Milwaukee, New York or Kabul - and a kick-ass approach to practising law that has made her a legend in the archaic, misogynistic and deeply conservative environment of Afghanistan. Through sheer force of personality, ingenuity and perseverance, Kimberley became the first foreign lawyer to practise in the courts of Afghanistan. Her legal work swiftly morphed into a personal mission - to bring "justness" to the defenceless and voiceless.In the space of two years, Kimberley established herself as an expert on Afghanistan's fledgling criminal justice system, steeped in the country's complex laws but equally adept at wielding religious law in the defence of her clients. Her radical approach has seen her successfully represent both Afghans and Westerners, overturning sentences for men and women who have become subject to often appalling miscarriages of justice. Kimberley's story is both the memoir of an extraordinary woman fighting in one of the most dangerous countries in the world, and a page-turning non-fiction legal thriller.

    The embodiment of American conservative thought and jurisprudence, Antonin Scalia cast an expansive shadow over the Supreme Court for three decades. His unexpected death in February 2016 created a vacancy that precipitated a pitched political fight. That battle would not only change the tilt of the court, but the course of American history. It would help decide a presidential election, fundamentally alter longstanding protocols of the United States Senate, and transform the Supreme Court—which has long held itself as a neutral arbiter above politics—into another branch of the federal government riven by partisanship. In an unprecedented move, the Republican-controlled Senate, led by majority leader, Mitch McConnell, refused to give Democratic President Barack Obama’s nominee, Merrick Garland, a confirmation hearing. Not one Republican in the Senate would meet with him. Scalia’s seat would be held open until Donald Trump’s nominee, Neil M. Gorsuch, was confirmed in April 2017.Carl Hulse has spent more than thirty years covering the machinations of the beltway. In Confirmation Bias he tells the story of this history-making battle to control the Supreme Court through exclusive interviews with McConnell, Harry Reid, Chuck Schumer, and other top officials, Trump campaign operatives, court activists, and legal scholars, as well as never-before-reported details and developments.Richly textured and deeply informative, Confirmation Bias provides much-needed context, revisiting the judicial wars of the past two decades to show how those conflicts have led to our current polarization. He examines the politicization of the federal bench and the implications for public confidence in the courts, and takes us behind the scenes to explore how many long-held democratic norms and entrenched, bipartisan procedures have been erased across all three branches of government.

    Two black lawyers, not even part of the original defense, appealed to the Supreme Court for a stay of execution, and the stay, incredibly, was granted. Frenzied with rage at the deision, locals responded by lynching Johnson, and what ensued was a breathtaking whirlwind of groundbreaking legal action whose import, Thurgood Marshall would claim, "has never been fully explained." Provocative, thorough, and gripping, Contempt of Court is a long-overdue look at events that clearly depict the peculiar and tenuous relationship between justice and the law.