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As the Supreme Court continues to rule on important issues, it is essential to understand how it operates. Based on exclusive interviews with the justices themselves and other insiders, this is a timely "state of the union" about America's most elite legal institution. From Anthony Kennedy's self-importance, to Antonin Scalia's combativeness, to David Souter's eccentricity, and even Sandra Day O'Connor's fateful breach with President George W. Bush, this book offers a rare personal look at how the individual style of each justice affects the way in which they wield their considerable power. Toobin shows how--since Reagan--conservatives were long thwarted in their attempts to control the Court by some of the very justices they pressured Presidents to appoint. That struggle ended with the recent appointments of John Roberts and Samuel Alito, and Toobin relays the behind-the-scenes drama in detail, as well as the ensuing 2007 Court term.--From publisher description.… (more)
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This is a great read and it is very enlightening. I would recommend this to anyone who wants to learn more about the supreme court.
So, let’s put Toobin’s book up against that standard. It is a compelling story. It does a good job of introducing us to the various individuals that made up the Supreme Court during the longest period without a change in personnel in the history of the 9-justice court. And there is no doubt that the time period is a crucial point in US history with such events as the Iraq War and the 2000 election. And there is quite a bit of insider information – although it doesn’t feel as immediate as Woodward’s book. Just when it feels like we are about to learn the real inner workings of the court, the book doesn’t quite make it there. But where the book really falls short in comparison is that neutrality issue. As the book begins talking about the introduction of the new justices (Roberts and Alito), Toobin’s concerns begin to become apparent. There is no doubt that he is writing from the left and, no matter how he might try to see both sides, his leanings shade the book at times when you wish it didn’t. There is no doubt that the court shifted to the right, and the way that shift occurred may be, well, shifty. But journalism (and I take this book as a piece of journalism) shouldn’t be about getting that agenda into writing. Most of this book is good enough that the reader can draw his or her own conclusions. As they say in the court – res ipsa loquitor.
Toobin does a great job in detailing the personalities of the justices and how they shape the court. Thomas is the most interesting, perhaps. A man obviously bitter about the cards he has been dealt, he holds grudges seemingly forever, even disdaining Yale Law
One concern I had about Thomas was the large number of gifts he accepted from very conservative organizations and people. He got the largest book deal of any justice, 1.5 million from book he wrote from Rupert Murdoch and he makes huge amounts of money in speaking engagements before conservative audiences (he refuses to speak to any audience that might be remotely unfriendly.) Breyer, on the other hand, accepts no gifts or travel from anyone. You can't tell me that getting all that money and travel from a particular political spectrum has no effect.
One of my favorite anecdotes was the inside look at the nomination of Harriet Miers in 2005 for the O'Connor seat. Bush had laid down the law against any kind of leaks. Unfortunately, as Toobin points out, leaks can often serve as a very useful way to flush out any likely problems that might arise from a decision before a commitment is made to that decision. Bush and his primary advisors, Rove, Cheney, and Card, had little idea what a Supreme Court Justice does every day. (Steven Breyer once told his son that justices spend their days reading and writing. "If you like and are good at doing homework, you'll enjoy the Supreme Cour because you'll be doing homework the rest of your life." [paraphrased quote, listened to this as an audiobook:] So they didn't expect nor look for any kind of written trail from Meiers. (Rove can be excused if he seemed a little distracted as there was a very real possibility he might be indicted in the Valerie Plume case.) Rove's first call to get approval was to James Dobson since they knew that mainstream media approval was irrelevant. It was the evangelical constituency that might make troub le. Ironically, it had been Harry Reid who had suggested Meiers and noted that her nomination would breeze through with little chance of a filibuster. Meiers had been a long friend of Bush as well as his personal attorney, she was a strong evangelical, and in any case the Bush team was looking for someone with good judgment and instincts; analysis was less important.
So they were all totally taken by surprise when the vicious attacks from the right began as soon as she had finished her acceptance of the nomination. "The president has made perhaps the most unqualified choice since Abe Fortas," was the response of one conservative. She was dismissed as a "taut, anxious, personality," wrote David Frumm. She had no judicial experience. Despite pressure from the right-wing "pro-family" groups arguing her conservative bona fides and that she would overturn Roe v Wade, and her ex-boyfriend Judge Heck's rambling denials of anything more than friendship, it soon became clear she had no ideas at all with regard to constitutional law. Her total experience had been as personal lawyers to Bush and others. Bush assumed that the Senate would fall into line behind his nomination, not realizing that by 2005 Katrina and Iraq had crippled his influence. "Trust me," was no longer enough. Conservatives wanted appellate judges with a proven written agenda. White, Powell, Warren, and Rehnquist, to name but a few, ad little judicial experience, so her lack thereof should not have been a disqualifier. As with the torrent of abuse against Gonzales a few months earlier, facts became irrelevant and some conservatives even charged she and Gonzales were closet liberals despite all evidence to the contrary. The Democrats loved every minute of it.
Meiers seemed to be on the way to confirmation even as conservative antipathy grew, when Charles Krauthammer came up with a "breathtakingly cynical" mechanism to have her exit. The Senate should demand to see privileged documents from her White House tenure. The Senate could refuse to begin confirmation hearings until they received them; the White House could refuse to produce the documents based on its privilege and Meiers could withdraw claiming she did not want to cause a violation of either the White House or Senate's privileges. Meiers, putting her client's (the president) interests first as any good lawyer would, withdrew claiming precisely what Krauthammer had suggested, that she could not afford to let Senators ask her about her work at the White House which might have viollated executive privilege. The seat went to Alito, who, ironically, had been Meiers first choice to replace O'Connor. (O'Connor herself considered the Alito choice as a direct affront.)
Fascinating.
This is a fascinating book that looks closely at the political breakdown of the recent Supreme Court, and how politics have affected their decisions on issues from abortion, to affirmative action, to executive power. Toobin's point seems to be that the Court is far from independent and is, like the rest of the United States, polarized by political opinion. I think he makes a very good case for that.
This is a fascinating book that looks closely at the political breakdown of the recent Supreme Court, and how politics have affected their decisions on issues from abortion, to affirmative action, to executive power. Toobin's point seems to be that the Court is far from independent and is, like the rest of the United States, polarized by political opinion. I think he makes a very good case for that.
Whatever your philosophy, you'll find something in this non-fiction book to make you gasp at how things have turned out historically, and then probably get your dander up about the way things are going.
Toobin maintains that the Constitution’s flexibility allows ideology to trump precedent. He avers “…when it comes to the incendiary matters that come before the Court, what matters is not the quality of arguments but the identity of the Justices.” Therefore, he concludes, “one factor only will determine the future of the Supreme Court: the outcome of presidential elections.” He explains how and why each of the recent Justices got the presidential nomination, and what the appointments have meant for the Court and the Country.
It is downright scary to hear Toobin’s story of how the far right, through such organizations as the Federalist Society, has successfully pushed its agenda onto the Court. Sandra Day O’Connor’s abhorrence of the direction taken by the Republican party helped push her to the left of where she started out. As a result, she took a key role in tipping decisions 5-4 toward the more liberal end of the spectrum. When she left the Court to take care of her ailing husband, the only person remaining who was even close to the “middle” was Anthony Kennedy. Justice Kennedy, however, tends to side with the conservative side of the Court.
Toobin has wonderful anecdotes to share about the Justices, although he clearly knows more about those who have been there the longest. And he didn’t seem to have many insights into the character of Clarence Thomas. But the information he does have on the Justices is riveting, and Toobin’s writing is clear, sharp, and consistently entertaining.
Verdict: Read this book!
(JAF)
The decision I found most interesting was Casey in 1992. According to Mr. Toobin the Justices in the Casey decision came very close to effectively overturning Roe V Wade. Penning what was to be the majority opinion, Rehnquist wrote "The court was mistaken in Roe when it classified a woman's decision to terminate her pregnancy as a 'fundamental right'". David Souter engineered Roe's salvation by forming a coalition, first with O'Connor and then with Kennedy to uphold most of the provisions of the Pennsylvania law while still retaining a woman's right to choose.
The Nine is readable, entertaining and informative.
I learned a good deal about the members of the court, their backgrounds and motivations, and found it to be a worthwhile read. I will not comment further because I don't believe in using book reviews for political soapboxes.