Book picks similar to
The Burger Court and the Rise of the Judicial Right by Michael J. Graetz
history
law
politics
non-fiction
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.
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.
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.
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.
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.
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.
The Chief: The Life and Turbulent Times of Chief Justice John Roberts
Joan Biskupic - 2019
His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.
Nixonland: The Rise of a President and the Fracturing of America
Rick Perlstein - 2008
Perlstein's account begins with the '65 Watts riots, nine months after Johnson's landslide victory over Goldwater appeared to herald a permanent liberal consensus. Yet the next year, scores of liberals were tossed from Congress, America was more divided than ever & a disgraced politician was on his way to a shocking comeback. Between '65 & '72, America experienced a 2nd civil war. From its ashes, today's political world was born. It was the era not only of Nixon, Johnson, Agnew, Humphrey, McGovern, Daley & Geo Wallace but Abbie Hoffman, Ronald Reagan, Angela Davis, Ted Kennedy, Chas Manson, John Lindsay & Jane Fonda. There are glimpses of Jimmy Carter, Geo H.W. Bush, Jesse Jackson, John Kerry & even of two ambitious young men named Karl Rove & Bill Clinton--& an unambitious young man named Geo W. Bush. Cataclysms tell the story: Blacks trashing their neighborhoods. White suburbanites wielding shotguns. Student insurgency over the Vietnam War. The assassinations of Rbt F. Kennedy & Martin Luther King. The riots at the '68 Democratic Nat'l Convention. The fissuring of the Democrats into warring factions manipulated by the dirty tricks of Nixon & his Committee to ReElect the President. Nixon pledging a dawn of nat'l unity, governing more divisively than any president before him, then directing a criminal conspiracy, the Watergate cover-up, from the Oval Office. Then, in 11/72, Nixon, harvesting the bitterness & resentment born of turmoil, was reelected in a landslide, not only setting the stage for his '74 resignation but defining the terms of the ideological divide characterizing America today. Filled with prodigious research, driven by a powerful narrative, Perlstein's account of how America divided confirms his place as one of our country's most celebrated historians.
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.
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 Accidental President: Harry S. Truman and the Four Months That Changed the World
A.J. Baime - 2017
Heroes are often defined as ordinary characters who get thrust into extraordinary circumstances, and through courage and a dash of luck, cement their place in history. Chosen as FDR’s fourth-term vice president for his well-praised work ethic, good judgment, and lack of enemies, Harry S. Truman was the prototypical ordinary man, still considered an obscure Missouri politician. That is, until he was shockingly thrust in over his head after FDR's sudden death. At the climactic moments of the Second World War, Truman had to play judge and jury during the founding of the United Nations, the Potsdam Conference, the Manhattan Project, the Nazi surrender, the liberation of concentration camps, and the decision to drop the bomb and end World War II. Tightly focused, meticulously researched, and using documents not available to previous biographers, The Accidental President escorts readers into the situation room with Truman during this tumultuous, history-making 120 days, when the stakes were high and the challenges even higher.
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.
Impeachment: An American History
Jeffrey A. Engel - 2018
Designed to check tyrants or defend the nation from a commander-in-chief who refuses to do so, the process of impeachment outlined in the Constitution is what Thomas Jefferson called "the most formidable weapon for the purpose of a dominant faction that was ever contrived." It nullifies the will of voters, the basic foundation of legitimacy for all representative democracies. Only three times has a president's conduct led to such political disarray as to warrant his potential removal from office, transforming a political crisis into a constitutional one. None has yet succeeded. Andrew Johnson was impeached in 1868 for failing to kowtow to congressional leaders--and in a large sense, for failing to be Abraham Lincoln--yet survived his Senate trial. Richard Nixon resigned in July of 1974 after the House Judiciary Committee approved three articles of impeachment for lying, obstructing justice, and employing his executive power for personal and political gain. Bill Clinton had an affair with a White House intern, but in 1999 faced trial in the Senate less for that prurient act than for lying under oath about it.In the first book to consider these three presidents alone, and the one thing they have in common, Jeffrey Engel, Jon Meacham, Timothy Naftali, and Peter Baker explain that the basis and process of impeachment is more political than it is a legal verdict. The Constitution states that the president, "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors," leaving room for historical precedent and the temperament of the time to weigh heavily on each case. These three cases highlight factors beyond the president's behavior that impact the likelihood and outcome of an impeachment: the president's relationship with Congress, the power and resilience of the office itself, and the polarization of the moment. This is a realist, rather than hypothetical, view of impeachment that looks to history for clues about its future--with one obvious candidate in mind.
Playing with Fire: The 1968 Election and the Transformation of American Politics
Lawrence O'Donnell - 2017
Long before Lawrence O'Donnell was the anchor of his own political talk show, he was the Harvard Law-trained political aide to Senator Patrick Moynihan, one of postwar America's wisest political minds. The 1968 election was O'Donnell's own political coming of age, and Playing With Fire represents his master class in American electioneering, as well as an extraordinary human drama that captures a system, and a country, coming apart at the seams in real time. Nothing went to script. LBJ was confident he'd dispatch with Nixon, the GOP frontrunner; Johnson's greatest fear and real nemesis was RFK. But Kennedy and his team, despite their loathing of the president, weren't prepared to challenge their own party's incumbent. Then, out of nowhere, Eugene McCarthy shocked everyone with his disloyalty and threw his hat in the ring. A revolution seemed to be taking place, and LBJ, humiliated and bitter, began to look mortal. Then RFK leapt in, and all hell broke loose. Two assassinations and a week of bloody riots in Chicago around the Democratic Convention later, and the old Democratic Party was a smoldering ruin, and, in the last triumph of old machine politics, Hubert Humphrey stood alone in the wreckage. Suddenly Nixon was the frontrunner, having masterfully maintained a smooth facade behind which he feverishly held his party's right and left wings in the fold through a succession of ruthless maneuvers to see off George Romney, Nelson Rockefeller, Ronald Reagan, and the great outside threat to his new Southern Strategy, the arch-segregationist George Wallace. But then, amazingly, Humphrey began to close, and so, in late October, Nixon pulled off one of the greatest dirty tricks in American political history, an act that may well meet the statutory definition of treason. The tone was set for Watergate and all else that was to follow, all the way through to today.
Supreme Ambition: Brett Kavanaugh and the Conservative Takeover
Ruth Marcus - 2019
Brett Kavanaugh set his sights on the court right out of law school. Washington Post journalist and legal expert Ruth Marcus goes behind the scenes to document the inside story of how their supreme ambition triumphed. The Kavanaugh drama unfolded so fast in the summer of 2018 it seemed to come out of nowhere. With the power of the #MeToo movement behind her, a terrified but composed Christine Blasey Ford walked into a Senate hearing room to accuse Kavanaugh of sexual assault. This unleashed unprecedented fury from a Supreme Court nominee who accused Democrats of a “calculated and orchestrated political hit.” But behind this showdown was a much bigger one. In Supreme Ambition, Washington Post journalist and legal expert Ruth Marcus goes behind the scenes to document the thirty-year mission by conservatives to win a majority on the Supreme Court and the lifelong ambition of Brett Kavanaugh to secure his place in that victory. In that sense, Marcus has delivered a master class in how Washington works and an unforgettable case study in supreme ambition. The reporting in Supreme Ambition is also full of revealing and weighty headlines, as Marcus answers the most pressing questions surrounding this historical moment: How did Kavanaugh get the nomination? Was Blasey Ford’s testimony credible? What does his confirmation mean for the future of the court? Were the Democrats outgunned from the start? On the way, she uncovers secret White House meetings, intense lobbying efforts, private confrontations on Capitol Hill, and lives forever upended on both coasts. Supreme Ambition is a page-turner that traces how Brett Kavanaugh deftly maneuvered to become the nominee; how he quashed resistance from Republicans who worried he was too squishy on conservative issues and from a president reluctant to reward a George W. Bush loyalist. It shows a Republican party that had concluded Kavanaugh was too big to fail, with senators and the FBI ignoring potentially devastating evidence against him. And it paints a picture of Democratic leaders unwilling to engage in the no-holds-barred partisan warfare that might have defeated the nominee. In the tradition of The Brethren and The Power Broker, Supreme Ambition is the definitive account of a pivotal moment in modern history, one that was thirty years in the making and that will shape the judicial system of America for generations to come.