The Nine: Inside the Secret World of the Supreme Court


Jeffrey Toobin - 2007
    An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America


Adam Cohen - 2020
    But when Warren announced his retirement in 1968, newly elected President Richard Nixon, who had been working tirelessly behind the scenes to put a stop to what he perceived as the Court's liberal agenda, had his new administration launch a total assault on the Warren Court's egalitarian victories, moving to dismantle its legacy and replace liberal justices with others more loyal to his views. During his six years in office, he appointed four justices to the Supreme Court, thereby setting its course for the next fifty years.In Supreme Inequality, Adam Cohen surveys the most significant Supreme Court rulings since Nixon and exposes how rarely the Court has veered away from a pro-corporate agenda. Contrary to what Americans might like to believe, the Court does not protect equally the rights of the poor and disadvantaged, and, in fact, hasn't for decades. Many of the greatest successes of the Warren Court, such as school desegregation, labor unions, voting rights, and class action suits, have been abandoned in favor of rulings that protect privileged Americans who tend to be white, wealthy, and powerful.As the nation comes to grips with two newly Trump-appointed justices, Cohen proves beyond doubt that the trajectory of today's Court is the result of decisions made fifty years ago, decisions that have contributed directly and grievously to our nation's soaring inequality. An triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land, and should shake to its core any optimistic faith we might have in it to provide checks and balances.

Reaganland: America's Right Turn 1976-1980


Rick Perlstein - 2020
    After chronicling America’s transformation from a center-left to center-right nation for two decades, Rick Perlstein now focuses on the tumultuous life of President Ronald Reagan from 1976–1980. Within the book’s four-year time frame, Perlstein touches on themes of confluence as he discusses the four stories that define American politics up to the age of Trump. There is the rise of a newly aggressive corporate America diligently organizing to turn back the liberal tide: powerful unions, environmentalism, and unprecedentedly suffusing regulation. There is the movement of political mobilized conservative Christians, organizing to reverse the cultural institutionalization of the 1960s insurgencies. Third, there is the war for the Democratic Party, transformed under Jimmy Carter as a vehicle promoting “austerity” and “sacrifice”—a turn that spurs a counter-reaction from liberal forces who go to war with Carter to return the party to its populist New Deal patrimony. And finally, there is the ascendency of Ronald Reagan, considered washed up after his 1976 defeat for the Republican nomination and too old to run for president in any event, who nonetheless dramatically emerges as the heroic embodiment of America’s longing to transcend the 1970s dark storms—from Love Canal to Jonestown, John Wayne Gacy to the hostages in Iran. Hailed as “the chronicler extraordinaire of American conservatism” (Politico), Perlstein explores the complex years of Ronald Reagan’s presidency offering new and timely insights to issues that still remain relevant today.

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.

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.

My Grandfather's Son


Clarence Thomas - 2007
    In this candid and deeply moving memoir, a quintessential American tale of hardship and grit, Clarence Thomas recounts his astonishing journey for the first time.

Showdown: Thurgood Marshall and the Supreme Court Nomination That Changed America


Wil Haygood - 2015
    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.

The Supreme Court


William H. Rehnquist - 1987
    Rehnquist’s classic book offers a lively and accessible history of the Supreme Court. His engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall’s dominance of the Court during the early nineteenth century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society. The public often hears little about the Supreme Court until decisions are handed down. Here, Rehnquist reveals its inner workings--the process by which cases are chosen, the nature of the conferences where decisions are made, and the type of debates that take place. With grace and wit, this incisive history gives a dynamic and informative account of the most powerful court in the nation and how it has shaped the direction America has taken.

First: Sandra Day O'Connor


Evan Thomas - 2019
    At a time when women were expected to be homemakers, she set her sights on Stanford University. When she graduated near the top of her class at law school in 1952, no firm would even interview her. But Sandra Day O'Connor's story is that of a woman who repeatedly shattered glass ceilings--doing so with a blend of grace, wisdom, humor, understatement, and cowgirl toughness.She became the first-ever female majority leader of a state senate. As a judge on the Arizona State Court of Appeals, she stood up to corrupt lawyers and humanized the law. When she arrived at the Supreme Court, appointed by Reagan in 1981, she began a quarter-century tenure on the court, hearing cases that ultimately shaped American law. Diagnosed with cancer at fifty-eight, and caring for a husband with Alzheimer's, O'Connor endured every difficulty with grit and poise.Women and men today will be inspired by how to be first in your own life, how to know when to fight and when to walk away, through O'Connor's example. This is a remarkably vivid and personal portrait of a woman who loved her family and believed in serving her country, who, when she became the most powerful woman in America, built a bridge forward for the women who followed her.

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.

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.)

America On Fire: The Untold History of Police Violence and Black Rebellion Since the 1960s


Elizabeth Hinton - 2021
    Millions of mostly young people defiantly flooded into the nation’s streets, demanding an end to police brutality and to the broader, systemic repression of Black people and other people of color. To many observers, the protests appeared to be without precedent in their scale and persistence. Yet, as the acclaimed historian Elizabeth Hinton demonstrates in America on Fire, the events of 2020 had clear precursors—and any attempt to understand our current crisis requires a reckoning with the recent past.Even in the aftermath of Donald Trump, many Americans consider the decades since the civil rights movement in the mid-1960s as a story of progress toward greater inclusiveness and equality. Hinton’s sweeping narrative uncovers an altogether different history, taking us on a troubling journey from Detroit in 1967 and Miami in 1980 to Los Angeles in 1992 and beyond to chart the persistence of structural racism and one of its primary consequences, the so-called urban riot. Hinton offers a critical corrective: the word riot was nothing less than a racist trope applied to events that can only be properly understood as rebellions—explosions of collective resistance to an unequal and violent order. As she suggests, if rebellion and the conditions that precipitated it never disappeared, the optimistic story of a post–Jim Crow United States no longer holds.Black rebellion, America on Fire powerfully illustrates, was born in response to poverty and exclusion, but most immediately in reaction to police violence. In 1968, President Lyndon Johnson launched the “War on Crime,” sending militarized police forces into impoverished Black neighborhoods. Facing increasing surveillance and brutality, residents threw rocks and Molotov cocktails at officers, plundered local businesses, and vandalized exploitative institutions. Hinton draws on exclusive sources to uncover a previously hidden geography of violence in smaller American cities, from York, Pennsylvania, to Cairo, Illinois, to Stockton, California.The central lesson from these eruptions—that police violence invariably leads to community violence—continues to escape policymakers, who respond by further criminalizing entire groups instead of addressing underlying socioeconomic causes. The results are the hugely expanded policing and prison regimes that shape the lives of so many Americans today.Presenting a new framework for understanding our nation’s enduring strife, America on Fire is also a warning: rebellions will surely continue unless police are no longer called on to manage the consequences of dismal conditions beyond their control, and until an oppressive system is finally remade on the principles of justice and equality.

Hegemony or Survival: America's Quest for Global Dominance


Noam Chomsky - 2003
    Our leaders have shown themselves willing-as in the Cuban missile crisis-to follow the dream of dominance no matter how high the risks. World-renowned intellectual Noam Chomsky investigates how we came to this perilous moment and why our rulers are willing to jeopardize the future of our species.With the striking logic that is his trademark, Chomsky tracks the U.S. government's aggressive pursuit of "full spectrum dominance" and vividly lays out how the most recent manifestations of the politics of global control-from unilateralism to the dismantling of international agreements to state terrorism-cohere in a drive for hegemony that ultimately threatens our existence. Lucidly written, thoroughly documented, and featuring a new afterword by the author, Hegemony or Survival is a definitive statement from one of today's most influential thinkers.

A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution


Peter Irons - 1999
    In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn.

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.