Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue


Melvin I. Urofsky - 2015
    Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States.   Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. In Dissent and the Supreme Court, he explores the great dissents throughout the Court’s 225-year history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court’s majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis’s dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice John Harlan in Plessy v. Ferguson (1896)—that segregation on the basis of race violated the Constitution—in Brown v. Board of Education (1954).   Urofsky shows that the practice of dissent grew slowly but steadily and that in the nineteenth century dissents became more frequent. In the (in)famous case of Dred Scott v. Sanford (1857), Chief Justice Roger Taney’s opinion upheld slavery, declaring that blacks could never be citizens. The justice received intense condemnations from several of his colleagues, but it took a civil war and three constitutional amendments before the dissenting view prevailed and Dred Scott was overturned.   Urofsky looks as well at the many aspects of American constitutional life that were affected by the Earl Warren Court—free speech, race, judicial appointment, and rights of the accused—and shows how few of these decisions were unanimous, and how the dissents in the earlier cases molded the results of later decisions; how with Roe v. Wade—the Dred Scott of the modern era—dissent fashioned subsequent decisions, and how, in the Court, a dialogue that began with the dissents in Roe has shaped every decision since.   Urofsky writes of the rise of conservatism and discusses how the resulting appointments of more conservative jurists to the bench put the last of the Warren liberals—William Brennan and Thurgood Marshall—in increasingly beleaguered positions, and in the minority. He discusses the present age of incivility, in which reasoned dialogue seems less and less possible. Yet within the Marble Palace, the members of the Supreme Court continue to hear arguments, vote, and draft majority opinions, while the minority continues to “respectfully dissent.” The Framers understood that if a constitution doesn’t grow and adapt, it atrophies and dies, and if it does, so does the democratic society it has supported. Dissent—on the Court and off, Urofsky argues—has been a crucial ingredient in keeping the Constitution alive and must continue to be so.(With black-and-white illustrations throughout.)

The Challenge: Hamdan v. Rumsfeld and the Fight Over Presidential Power


Jonathan Mahler - 2008
    forces in Afghanistan. After he had confessed to being Osama bin Laden's driver, Hamdan was transferred to Guantanamo Bay, and he was soon designated by President Bush for trial before a special military tribunal. The Pentagon assigned a military defense lawyer to represent him, a boyish-looking thirtyfive-year-old graduate of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. The rules of the tribunals, America's first in more than fifty years, were stacked against him--and that is assuming that his superiors didn't expect him to throw the game altogether. Instead, Swift enlisted the help of a young constitutional law professor at Georgetown, Neal Katyal, to help him sue the Bush administration over the legality of the tribunals. In the spring of 2006, Katyal argued the case, Hamdan v. Rumsfeld, before the Supreme Court and won. Written with the full cooperation of Swift and Katyal, Hamdan v. Rumsfeld is the inside story of this seminal case, perhaps the most important decision on presidential power and the rule of law in the history of the Supreme Court, as told by a writer for The New York Times Magazine, Jonathan Mahler follows the story both of Swift's relationship with Hamdan, in particular his struggle to keep his client alive in Guantanamo, and of the unprecedented legal case itself. It is a legal thriller in the spirit of A Civil Action, set against the backdrop of the war on terror and the battle over presidential power.

Stronger: Courage, Hope, and Humor in My Life with John McCain


Cindy Mccain - 2021
    

Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey


Linda Greenhouse - 2005
    In clear and forceful prose, Becoming Justice Blackmun tells a judicial Horatio Alger story and a tale of a remarkable transformation . . . A page-turner."--The New York Times Book ReviewIn this acclaimed biography, Linda Greenhouse of The New York Times draws back the curtain on America's most private branch of government, the Supreme Court. Greenhouse was the first print reporter to have access to the extensive archives of Justice Harry A. Blackmun (1908-99), the man behind numerous landmark Supreme Court decisions, including Roe v. Wade.Through the lens of Blackmun's private and public papers, Greenhouse crafts a compelling portrait of a man who, from 1970 to 1994, ruled on such controversial issues as abortion, the death penalty, and sex discrimination yet never lost sight of the human beings behind the legal cases. Greenhouse also paints the arc of Blackmun's lifelong friendship with Chief Justice Warren E. Burger, revealing how political differences became personal, even for two of the country's most respected jurists.From America's preeminent Supreme Court reporter, this is a must-read for everyone who cares about the Court and its impact on our lives.

In Contempt


Christopher Darden - 1996
    Simpson trial and shares the author's observations on legal strategy, racial issues, and the principal lawyers, officials, and witnesses involved in the case.

Cuban Revelations: Behind the Scenes in Havana


Marc Frank - 2013
    It takes on the challenge of describing what’s in a black box with energy and candor.”—VisitCuba.com   “The most informative, accurate, insightful, detailed account available on twenty-first century Cuba.”—HavanaTimes.org “Marc Frank is the best foreign journalist reporting from Cuba today. We now have a behind-the-scenes look at the changes large and small taking place as the Cuban revolution molts from Fidel to Raúl to the next generation.”—Julia Sweig, author of Cuba: What Everyone Needs to Know“A must-read book to grasp what has been happening in Cuba over the past ten years.”—Wayne Smith, director of the Cuba Project, Center for International Policy“Frank enriches his fascinating reportage with his unparalleled access to expressive Cubans from all walks of life.”—Richard Feinberg, University of California, San Diego“With a sharp eye for human detail and a clear understanding of what makes Cuba tick, Frank’s narrative bears eloquent, balanced, and always sensitive witness to the troubled trajectory of Cuba from the ‘dark days’ of the 1990s economic collapse through to the challenging changes under Raúl. It genuinely gets ‘inside’ the otherwise confusing system and society, and is all the more welcome for that.”--Antoni Kapcia, coeditor of The Changing Dynamic of Cuban Civil Society“Gripping and insightful. It is rare indeed to find reporting as authoritative and well sourced as this about what remains an impenetrable and opaque regime.”—Michael Reid, author of Forgotten Continent: The Battle for Latin America’s Soul  As a U.S.-born journalist who has called Havana home for almost a quarter century, Mark Frank has observed in person the best days of the revolution, the fall of the Soviet bloc, the great depression of the 1990s, the stepping aside of Fidel Castro, and the reforms now being devised by his brother. In Cuban Revelations, Frank offers a first-hand account of daily life in Cuba at the turn of the twenty-first century, the start of a new and dramatic epoch for islanders and the Cuban diaspora. Examining the effects of U.S. policy toward Cuba, Frank analyzes why Cuba has entered an extraordinary, irreversible period of change and considers what the island’s future holds. The enormous social engineering project taking place today under Raúl’s leadership is fraught with many dangers, and Cuban Revelations follows the new leader’s efforts to overcome bureaucratic resistance and the fears of a populace that stand in his way. In addition, Frank offers a colorful chronicle of his travels across the island’s many and varied provinces, sharing candid interviews with people from all walks of life. He takes the reader outside the capital to reveal how ordinary Cubans live and what they are thinking and feeling as fifty-year-old social and economic taboos are broken. He shares his honest and unbiased observations on extraordinary positive developments in social matters, like healthcare and education, as well as on the inefficiencies in the Cuban economy. Ultimately, Cuban Revelations is an objective account by a reporter who has lived with the Cubans for many years as their old world falls apart and they set about trying to build a new one.

The Unarmed Truth: My Fight to Blow the Whistle and Expose Fast and Furious


John Dodson - 2013
    In 2007, following the shooting massacre at Virginia Tech, John Dodson walked through the classrooms, heartbroken, to cover up the bodies of the victims. Then came Arizona. The American border. Ten days before Christmas, 2010, ATF agent John Dodson awoke to the news he had dreaded every day as a member of the elite team called the Group VII Strike Force: a U.S. border patrol agent named Brian Terry had been shot dead by bandits armed with guns that had been supplied to them by ATF. Was this an inevitable consequence of the Obama administration’s Project Gunrunner, set in place one year earlier ostensibly to track Mexican drug cartels? Brian Terry’s murder would not only change John Dodson’s life forever; it would reveal a scandal so unthinkably unpatriotic that it forced President Barack Obama to claim executive privilege and caused Attorney General Eric Holder to be held in contempt of Congress. Federal Agent John Dodson, an ex-military man, took an oath to defend the world’s greatest country, and proudly considered himself a walking patriotic example of the American Dream. Brian Terry, ex-military like Dodson, was only forty years old, a family man who served his country by working for the government. Dodson was terrified when the next phone call came, one with the potential to destroy his career, his family, and his life. CBS investigative journalist Sharyl Attkisson asked Dodson to go public with what he knew about Fast and Furious. To Agent Dodson, this meant blowing the whistle. But to the family of Agent Terry, it was a chance to save lives and right a wrong. As he took a fight from the border towns of Arizona to a showdown in the halls of Congress, John Dodson clung to the hope that truth would prevail, that he would be redeemed, and that Brian Terry’s death would not be in vain. Like whistle-blowers before him, John would not be welcome back on the job. But he found strength in his conscience, in the support of the American public, and in Senators Darryl Issa and Chuck Grassley. When his first-amendment rights to publicly tell his story were threatened, the ACLU took up his case. For her report revealing John Dodson as the key whistle-blower in Fast and Furious, Sharyl Attkisson received an Emmy Award for Outstanding Investigative Journalism. Ultimately, John Dodson was cleared by the Inspector General’s office, publicly heralded as a hero, and returned to Arizona. Perhaps a lesson gleaned from John Dodson’s powerful account is well stated by former Speaker of the House of Representatives Sam Rayburn: “If you always tell the truth, you don’t have to remember what you said.”

John F. Kennedy’s Women: The Story of a Sexual Obsession


Michael O'Brien - 2011
    Kennedy has been more carefully scrutinized. Michael O’Brien, who knows as much about Kennedy as any historian now writing, here takes a comprehensive look at the feature of Camelot that remained largely under the radar during the White House years: Kennedy’s womanizing. Indeed, O’Brien writes, Kennedy’s approach to women and sex was near pathological, beyond the farthest reaches of the media’s imagination at the time. The record makes for an astonishing piece of presidential history.---Michael O’Brien was born in Green Bay, Wisconsin, and studied at the University of Notre Dame and the University of Wisconsin at Madison, where he received a Ph.D. in history. He is the author of the widely praised John F. Kennedy: A Biography, a full-scale study based on eleven years’ research into letters, diaries, financial papers, medical records, manuscripts, and oral histories; and a concise analytical life of the president, Rethinking Kennedy. He is now emeritus professor of history at the University of Wisconsin, Fox Valley, and lives in Door County, Wisconsin.

Uncommon Soldier: Brave, Compassionate and Tough, the Making of Australia's Modern Diggers


Chris Masters - 2012
    Moving away from our ongoing fascination with the Anzac story, he looks at the rich and illuminating present to write a character study of the modern Australian soldier - war fighter, peacekeeper, street-level diplomat and aid worker.Having been taken into their ranks in a way rarely before afforded an outsider, Masters gives heart and shape to the contemporary digger: how they are selected, how they are led, and how they are transformed from civilians to disciplined professional soldiers. And in asking if they are unique, he examines what it is that allows these young Australians to lend moral authority to communities teetering on the precipice of violence in places such as Somalia, Iraq and Afghanistan.By sharing the experiences of the young men and women who make up the Australian army, Masters puts under severe challenge the notion that soldiering is the province of dumb grunts. In doing so, he argues that the best measure of this country's military legend is found in the present. Uncommon Soldier is a rare and powerful work."I long ago came to the view that Australians are more familiar with the digger drawn from history than they are the ones doing the killing and dying in the here and now." The result of a three-year immersive investigation embedded with the Australian Defence Forces in Afghanistan, Uncommon Soldier is Chris Masters' penetrating and significant exploration of the contemporary Australian soldier. As a journalist Masters has seen first-hand the way battlefields have changed over the decades. More than ever intelligence had become the key to ferreting out the enemy and 'the notion that soldiering [is] the province of dumb grunts' has been put under severe challenge.

The Roberts Court: The Struggle for the Constitution


Marcia Coyle - 2013
    Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr.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 U.S. 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 account 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—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately 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 campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting 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 at the struggle to lay down the law of the land.

Greetings from Myanmar


David Bockino - 2016
    Traversing the country, he encounters a pompous Western businessman swindling his way to millions, a local vendor with a flair for painting nudes, and long ago legends of a western circus. Sensitively written and expertly researched, Greetings from Myanmar: Exploring the Price of Progress in One of the Last Countries on Earth to Open for Business is the story of a flourishing nation still very much in limbo and an answer to the hard questions that arise when tourism not only charts, but shapes a place as well.

Just Mercy: A Story of Justice and Redemption


Bryan Stevenson - 2014
    The case exemplifies how the death penalty in America is a direct descendant of lynching — a system that treats the rich and guilty better than the poor and innocent.