Tuesday, September 24, 2019

The United States Supreme Court

September 24th, 1789 - The first session of the First United States Congress establishes the federal judiciary of the United States - the judicial branch of the United States government.  Here are ten books on the history of the Supreme Court, its current state, and biographies of notable justices.

American Default: The Untold Story of FDR, The Supreme Court, and the Battle Over Gold by Sebastian Edwards - The untold story of how FDR did the unthinkable to save the American economy.The American economy is strong in large part because nobody believes that America would ever default on its debt. Yet in 1933, Franklin D. Roosevelt did just that, when in a bid to pull the country out of depression, he depreciated the U.S. dollar in relation to gold, effectively annulling all debt contracts. American Default is the story of this forgotten chapter in America's history.Sebastian Edwards provides a compelling account of the economic and legal drama that embroiled a nation already reeling from global financial collapse. It began on April 5, 1933, when FDR ordered Americans to sell all their gold holdings to the government. This was followed by the abandonment of the gold standard, the unilateral and retroactive rewriting of contracts, and the devaluation of the dollar. Anyone who held public and private debt suddenly saw its value reduced by nearly half, and debtors--including the U.S. government--suddenly owed their creditors far less. Revaluing the dollar imposed a hefty loss on investors and savers, many of them middle-class American families. The banks fought back, and a bitter battle for gold ensued. In early 1935, the case went to the Supreme Court. Edwards describes FDR's rancorous clashes with conservative Chief Justice Charles Evans Hughes, a confrontation that threatened to finish the New Deal for good--and that led to FDR's attempt to pack the court in 1937.At a time when several major economies never approached the brink of default or devaluing or recalling currencies, American Default is a timely account of a little-known yet drastic experiment with these policies, the inevitable backlash, and the ultimate result.

Dissent and the Supreme Court: It's Role in the Court's History and the Nation's Constitutional Dialogue by Melvin I. Urofsky - 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).
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.

First: Sandra Day O'Connor by Evan Thomas - Based on exclusive interviews and access to the Supreme Court archives, this is the intimate, inspiring, and authoritative biography of America's first female Justice, Sandra Day O'Connor--by New York Times bestselling author Evan Thomas. She was born in 1930 in El Paso and grew up on a cattle ranch in Arizona. 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.

Inherently Unequal: The Betrayal of Equal Rights by the Supreme Court, 1865-1903 by Lawrence Goldstone - A potent and original examination of how the Supreme Court subverted justice and empowered the Jim Crow era.
In the following years following the Civil War, the 13th Amendment abolished slavery; the 14th conferred citizenship and equal protection under the law to white and black; and the 15th gave black American males the right to vote. In 1875, the most comprehensive civil rights legislation in the nation's history granted all Americans "the full and equal enjoyment" of public accomodations. Just eight years later, the Supreme Court, by an 8-1 vote, overturned the Civil Rights Act as unconstitutional and, in the process, disemboweled the equal protection provisions of the 14th Amendment. Using court records and accounts of the period, Lawrence Goldstone chronicles how "by the dawn of the 20th century the U.S. had become the nation of Jim Crow laws, quasi-slavery, and precisely the same two-tiered system of justice that had existed in the slave era."
The very human story of how and why this happened make Inherently Unequal as important as it is provocative. Examining both celebrated decisions like Plessy v. Ferguson and those often overlooked, Goldstone demonstrates how the Supreme Court turned a blind eye to the obvious reality of racism, defending instead the business establishment and status quo--thereby legalizing the brutal prejudice that came to definite the Jim Crow era.

Justice on Trial: The Kavanaugh Confirmation and the Future of the Supreme Court by Mollie Hemingway & Carrie Severino - Justice Anthony Kennedy slipped out of the Supreme Court building on June 27, 2018, and traveled incognito to the White House to inform President Donald Trump that he was retiring, setting in motion a political process that his successor, Brett Kavanaugh, would denounce three months later as a "national disgrace" and a "circus."
Justice on Trial, the definitive insider's account of Kavanaugh's appointment to the Supreme Court, is based on extraordinary access to more than one hundred key figures--including the president, justices, and senators--in that ferocious political drama.
The Trump presidency opened with the appointment of Neil Gorsuch to succeed the late Antonin Scalia on the Supreme Court. But the following year, when Trump drew from the same list of candidates for his nomination of Brett Kavanaugh, the justice being replaced was the swing vote on abortion, and all hell broke loose.
The judicial confirmation process, on the point of breakdown for thirty years, now proved utterly dysfunctional. Unverified accusations of sexual assault became weapons in a ruthless campaign of personal destruction, culminating in the melodramatic hearings in which Kavanaugh's impassioned defense resuscitated a nomination that seemed beyond saving.
The Supreme Court has become the arbiter of our nation's most vexing and divisive disputes. With the stakes of each vacancy incalculably high, the incentive to destroy a nominee is nearly irresistible. The next time a nomination promises to change the balance of the Court, Hemingway and Severino warn, the confirmation fight will be even uglier than Kavanaugh's.
A good person might accept that nomination in the naïve belief that what happened to Kavanaugh won't happen to him because he is a good person. But it can happen, it does happen, and it just happened. The question is whether America will let it happen again.

My Beloved World by Sonia Sotomayor - The first Hispanic and third woman appointed to the United States Supreme Court, Sonia Sotomayor has become an instant American icon. Now, with a candor and intimacy never undertaken by a sitting Justice, she recounts her life from a Bronx housing project to the federal bench, a journey that offers an inspiring testament to her own extraordinary determination and the power of believing in oneself. Here is the story of a precarious childhood, with an alcoholic father (who would die when she was nine) and a devoted but overburdened mother, and of the refuge a little girl took from the turmoil at home with her passionately spirited paternal grandmother. But it was when she was diagnosed with juvenile diabetes that the precocious Sonia recognized she must ultimately depend on herself. She would learn to give herself the insulin shots she needed to survive and soon imagined a path to a different life. With only television characters for her professional role models, and little understanding of what was involved, she determined to become a lawyer, a dream that would sustain her on an unlikely course, from valedictorian of her high school class to the highest honors at Princeton, Yale Law School, the New York County District Attorney's office, private practice, and appointment to the Federal District Court before the age of forty. Along the way we see how she was shaped by her invaluable mentors, a failed marriage, and the modern version of extended family she has created from cherished friends and their children. Through her still-astonished eyes, America's infinite possibilities are envisioned anew in this warm and honest book, destined to become a classic of self-invention and self-discovery.

Notorious RBG: The Life and Times of Ruth Bader Ginsburg by Irin Carmon & Shana Knizhnik - You can't spell truth without Ruth.
Only Ruth Bader Ginsburg can judge me.
The Ruth will set you free.
Supreme Court Justice Ruth Bader Ginsburg never asked for fame—she was just trying to make the world a little better and a little freer. But along the way, the feminist pioneer's searing dissents and steely strength have inspired millions. Notorious RBG: The Life and Times of Ruth Bader Ginsburg, created by the young lawyer who began the Internet sensation and an award-winning journalist, takes you behind the myth for an intimate, irreverent look at the justice's life and work. As America struggles with the unfinished business of gender equality and civil rights, Ginsburg stays fierce. And if you don't know, now you know.

The Oath: The Obama White House and the Supreme Court by Jeffrey Toobin - From the moment John Roberts, the chief justice of the United States, blundered through the Oath of Office at Barack Obama's inauguration, the relationship between the Supreme Court and the White House has been confrontational. Both men are young, brilliant, charismatic, charming, determined to change the course of the nation--and completely at odds on almost every major constitutional issue. One is radical; one essentially conservative. The surprise is that Obama is the conservative--a believer in incremental change, compromise, and pragmatism over ideology. Roberts--and his allies on the Court--seek to overturn decades of precedent: in short, to undo the ultimate victory FDR achieved in the New Deal.
This ideological war will crescendo during the 2011-2012 term, in which several landmark cases are on the Court's docket--most crucially, a challenge to Obama's controversial health-care legislation. With four new justices joining the Court in just five years, including Obama's appointees Sonia Sotomayor and Elena Kagan, this is a dramatically--and historically--different Supreme Court, playing for the highest of stakes.
No one is better positioned to chronicle this dramatic tale than Jeffrey Toobin, whose prize-winning bestseller The Nine laid bare the inner workings and conflicts of the Court in meticulous and entertaining detail. As the nation prepares to vote for President in 2012, the future of the Supreme Court will also be on the ballot.

Supreme Power: Franklin Roosevelt vs. the Supreme Court by Jeff Shesol - Beginning in 1935, in a series of devastating decisions, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal, but democracy itself, that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices--and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.The ensuing fight was a firestorm that engulfed the White House, the Court, Congress, and the nation. The final verdict was a shock. It dealt FDR the biggest setback of his political life, split the Democratic party, and set the stage for a future era of Republican dominance. Yet the battle also transformed America's political and constitutional landscape, hastening the nation's march into the modern world.This brilliant work of history unfolds like a thriller, with vivid characters and unexpected twists. Providing new evidence and fresh insight, Jeff Shesol shows why understanding the Court fight is essential to understanding the presidency, personality, and legacy of FDR--and to understanding America at a crossroads in its history.

Without Precedent: John Marshall and His Times by Joel R. Paul - No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. 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.

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