A History of the Supreme Court of the United States
Starred review from August 1, 2024
The fiery language directed at SCOTUS obscures a fascinating, complex story, says this engaging book. The past decade has seen waves of vitriol directed at the Supreme Court from one side or another, so it is refreshing to find a book that sets out the institution's history without histrionics. Banner is a distinguished legal academic who has written a series of interesting books, includingHow the Indians Lost Their Land, The Death Penalty, andThe Decline of Natural Law, and his intention here is to explain how the Court has operated since its founding. A point that is often missed is that the Court focuses on appeals, judicial review, and technical issues of law. It can, if it chooses, hear cases where the facts are in dispute, but those are unusual. It is often seen as leaning toward the conservative side of the spectrum, but in the 1960s and 1970s it was certainly of a liberal bent. Critics often claimed, then, that in decisions likeMiranda, Brown, andRoe, it was ignoring public opinion, going beyond its constitutional role, and creating disruption. When the Court became more conservative, its previous supporters and opponents switched sides and arguments, apparently without a hint of irony. Banner lays out the reasoning in recent cases likeDobbs but is scrupulously evenhanded, offering no opinion about the legal merits of either the decision or the dissent. He notes that calls for changing the Court to affect decisions, such as by increasing the number of judges, are not new but have never received much support. For its part, the Court often shows a surprising independent streak. Banner avoids jargon wherever possible, and the result is a book that is accessible, intelligent, and colorful. With clear-minded authority, Banner tells the story of a crucial, but misunderstood, part of the constitutional structure.
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