Jeffrey Toobin - The Nine
Book Description:
It's not laws or constitutional theory that rule the High Court,
argues this absorbing group profile, but quirky men and women guided
by political intuition. New Yorker legal writer Toobin (The Run of His
Life: The People v. O.J. Simpson) surveys the Court from the Reagan
administration onward, as the justices wrestled with abortion,
affirmative action, the death penalty, gay rights and church-state
separation. Despite a Court dominated by Republican appointees, Toobin
paints not a conservative revolution but a period of intractable
moderation. The real power, he argues, belonged to supreme swing-voter
Sandra Day O'Connor, who decided important cases with what Toobin sees
as an almost primal attunement to a middle-of-the-road public
consensus. By contrast, he contends, conservative justices Rehnquist
and Scalia ended up bitter old men, their rigorous constitutional
doctrines made irrelevant by the moderates' compromises. The author
deftly distills the issues and enlivens his narrative of the Court's
internal wranglings with sharp thumbnail sketches (Anthony Kennedy the
vain bloviator, David Souter the Thoreauvian ascetic) and editorials
(inept and unsavory is his verdict on the Court's intervention in the
2000 election). His savvy account puts the supposedly cloistered Court
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