The Brethren: Inside the Supreme Court


Bob Woodward - 1979
    The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action.Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.

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.

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.

The Burger Court and the Rise of the Judicial Right


Michael J. Graetz - 2016
    It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review).When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).

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.

We the Corporations: How American Businesses Won Their Civil Rights


Adam Winkler - 2018
    Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people.Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights.Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses.Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement.In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.

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.

Without Precedent: Chief Justice John Marshall and His Times


Joel Richard Paul - 2018
    From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States - the longest-serving in history - he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C.This is the astonishing true story of how a rough-cut frontiersman - born in Virginia in 1755 and with little formal education - invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.

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.

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 Supreme Court: The Personalities and Rivalries That Defined America


Jeffrey Rosen - 2007
    The story begins with the great Chief Justice John Marshall and President Thomas Jefferson, cousins from the Virginia elite whose differing visions of America set the tone for the Court's first hundred years. The tale continues after the Civil War with Justices John Marshall Harlan and Oliver Wendell Holmes, who clashed over the limits of majority rule. Rosen then examines the Warren Court era through the lens of the liberal icons Hugo Black and William O. Douglas, for whom personality loomed larger than ideology. He concludes with a pairing from our own era, the conservatives William H. Rehnquist and Antonin Scalia, only one of whom was able to build majorities in support of his views.Through these four rivalries, Rosen brings to life the perennial conflict that has animated the Court--between those justices guided by strong ideology and those who forge coalitions and adjust to new realities. He illuminates the relationship between judicial temperament and judicial success or failure. The stakes are nothing less than the future of American jurisprudence.

Supreme Power: 7 Pivotal Supreme Court Decisions That Had a Major Impact on America


Ted Stewart - 2017
    Today’s Court affects every major area of American life, from health care to civil rights, from abortion to marriage.   This fascinating book reveals the complex history of the Court as told through seven pivotal decisions. These cases originally seemed narrow in scope, but they vastly expanded the interpretation of law. Such is the power of judicial review to make sweeping, often unforeseen, changes in American society by revising the meaning of our Constitution.   Each chapter presents an easy-to-read brief on the case and explains what the decisions mean and how the Court ruling, often a 5-4 split, had long-term impact. For example, in Lochner v. New York, a widely accepted turn-of-the-twentieth--century New York State law limited excessive overtime for bakery workers. That law was overturned by the Court based on the due process clause of the Constitution. The very same precedents, Stewart points out, were used by the Court seventy years later and expanded to a new right to privacy in Roe v. Wade, making abortion legal in the nation.   Filled with insight, commentary, and compelling stories of ordinary citizens coming to the judiciary for remedy for the problems of their day, Supreme Power illustrates the magnitude of the Court’s power to interpret the Constitution and decide the law of the land.

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.

Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court


Jan Crawford Greenburg - 2007
    From the series of Republican nominations that proved deeply frustrating to conservatives to the decades of bruising battles that led to the rise of Justices Roberts and Alito, this is the authoritative story of the conservative effort to shift the direction of the high court—a revelatory look at one of the central fronts of America's culture wars by one of the most widely respected experts on the subject.

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.