"Hartmann delivers a full-throated indictment of the U.S. Supreme Court in this punchy polemic." That defiant approach taken by some justices when they are called out for crossing boundaries is new. He unapologetically traveled with Vice President Cheney to a duck-hunting retreat at an estate owned by an oil titan, just weeks after the court took up a case involving Cheney’s refusal to release records of who he met with on energy policy. Thomas is an extremely polarising figure. Whether they use ouija boards to channel the framers or just look inside their hearts, what they do is the opposite of calling balls and strikes.Can you encapsulate his influence on the court?Scalia is brilliant at convincing you that you’re wrong about something that you know, in your heart, to be right. We give these people lifetime tenure and are only able to impeach them for unspeakable acts. He realised it was in the best interest of the institution for him to look more judicious. He and Warren Burger were meant to be the “Minnesota Twins”. They drifted apart after Blackmun began to side with the more liberal justices, such as Brennan and Thurgood Marshall. This was known as the “switch in time that saved nine”. The problem with the way the court lets itself be covered in the US is this. He’s better at that than anyone. In almost every case there are two competing answers or constitutional values that the justices have to chose between. He was sealed in amber at pre-adolescent age as what he is now – a brilliant, passionate and deeply gifted writer and thinker. The American people developed the quasi-religious notion that you don’t mess with the court. As federal law says that “any justice or judge shall disqualify himself in any proceeding in which his impartiality might be questioned”,it impresses me as the stuff of a PJ O’Rourke satire.Let’s move onto a biography of Justice William Brennan, who sat on the court from 1956 to 1990. Helleris a triumph not just of Scalia’s political view that we should have the right to bear arms, but also of his interpretive method. The other justices who write books on the bench either write wonky books, in the manner of Stephen Breyer, or historical books like Chief Justice [William] Rehnquist used to do.
Ronald Regan’s attempt to course-correct from what was seen as an overreaching liberal court was a reaction to what Brennan succeeded in doing.This shows that the court is really responsive to public opinion and external threats. That’s because there is usually a majority on the court that is careful about not grossly violating that trust. There is a narrowing in the backgrounds of nominees when what we need is diversity – diversity of voice, of belief, of career and of experience.His wife’s well-remunerated work for Tea Party organs and other opponents of healthcare reform has led many to call for him to recuse himself when health care comes before the Supreme Court. Stern and Wermiel go beyond the clichéd view of Brennan as someone who would make any deal with anyone to achieve five votes. You are exposed to an extremely narrow range of people, you just think and write.Five Books participates in the Amazon Associate program and earns money from qualifying purchases.Let’s turn to books about the people beneath the black robes, beginning with Jeff Shesol’s history of Franklin Roosevelt’s 1937 Judicial Procedures Reform Bill. When I get those letters, my response is – read his autobiography. Joan Biskupic is one of my favorite court watchers because she really tries to understand the psychology of a justice. He famously hasn’t asked a question at oral argument in over five years. That restored the idea that what justices do is at least somewhat different from what politicians do.The most interesting thing about the duck-hunting extravaganza is Scalia’s memo to the American people, explaining at length why he wasn’t recusing himself. Some are ambivalent about whether porousness is good for the court or whether it’s best for justices to remain cloistered.
Not that they don’t have lives or opinions, but that they look at each case simply for its merit and not filtered through their own ideologies. The other justices who write books on the bench either write wonky books, in the manner of Stephen Breyer, or historical books like Chief Justice [William] Rehnquist used to do. If you are someone who has wondered what has happened to America this book will not only answer your questions, but it will make your blood boil. Joan goes back and figures out what made him such a Shakespearean character on a court of people who sometimes seem like black-and-white characters.What do we learn about Supreme Court justices from reading this history?The Stern and Wermiel biography points out that Justice Brennan stopped giving speeches when he became too much of a lightening rod, even though he loved to do it and needed the money. What is most problematic about Justice Thomas, for many people, is that he seems unwilling to go along with that illusion.The first thing you learn is that most justices don’t come to argument with an easy answer in their pocket. But it was clear that was not what was going on. Watching oral argument, it’s clear that there aren’t two teams.
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