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Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court by Jan Crawford Greenburg
Book Summary InformationAuthor: Jan Crawford Greenburg Edition: Paperback Audio: English (Original Language); English (Unknown); English (Published) Published: 2008-01-29 ISBN: 0143113046 Number of pages: 368 Publisher: Penguin (Non-Classics) Product features:
Book Reviews of Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme CourtBook Review: a well researched but poorly edited lost opportunity Summary: 2 StarsI'm reviewing the Nine together with Supreme Conflict, as each bears in its subject on the other, and the review of one is a good compare/contrast exercise with the other.
The Nine does a fairly good job of living up to its billing as 'inside' the world of the Supreme Court. Whether this world is a 'secret' one or not is a bit of hype, however. More appropriately, it would be the 'not widely known or cared about world', but that isn't as sexy a way of putting the idea.
Toobin gives us a strong sense of what these justices are 'about' with telling details. For example, Rhenquist's odd and idiosyncratic geekiness at having his robes adorned like those in a musical of which he was fond; Thomas's love of NASCAR and RV'ing, or Kennedy's grand ego, reflected in the adornment of his office.
These are not self-aware people. They fancy themselves by and large as learned in the ways of the law, but ultimately they were chosen for their political views. When they need to give an election to the Republicans for no good legal reason, as in Bush v. Gore, they unhesitatingly lower themselves to the occasion. Interestingly, such politics laying bare the 'objectivity' of the law unnerved Souter, in particular.
The author also does a good job of exploring cases like Bush v. Gore, or Webster, and uses them to illustrate the Court's workings and tendencies. He is particularly good on showing how the cases evolve over time as justices' change their minds (like O'Connor shifting to the 'left') or how the addition of the two conservative justices Alito and Roberts stealthily shift the law without the hubbub of overruling established precedent.
This is a good summary of inner workings of court and transformations of recent history. I would have appreciated even more humanizing minutiae about daily life on the Court, like O'Connor's aerobic routine.
In contrast to Toobin's genial treatment of the subject is Jan Crawford Greenburg's unfortunate Supreme Conflict. This book is turgid and bogged down in uninteresting or redundant detail--unfortunately, her lawyer background wins out over her journalistic background in many instances. For example, there are a couple sentences which state "when Blackmun read her opinion, he was pleased to see her reprimand Thomas. 'Well, good for her,' he wrote on the first page of her draft concurring opinion." So you have two sentences here where only one would be necessary to get he point across--a small example, but when you multiply that kind of writing over hundreds of pages the weight adds up like 'fun size' Butterfinger on a fat ass. This is often too much of the same or uninteresting detail--I could have skipped every other sentence and still gotten 90% of the book's substance.
She could have used a better editor. For example, Souter's confirmation process is often covered in exhaustive detail, but, oddly, Thomas's gets barely a page of very summary detail. You would think that in a book about the 'supreme conflict' of the struggle for control of the Court that more detail about the Thomas process--easily the most controversial confirmation in recent history-- would be critical. Instead we get a slew of unimportant details like Roberts being stuck in customs and delayed by an hour to call the White House to confirm his confirmation. In another example, a chapter about Thomas veers off oddly into the relationship between Souter and Scalia.
The above points to the largest problem with the book: where's the beef in this "Supreme Conflict?" We get oddly forshortened accounts of the confirmation process, as described above, which is one site of the contest for the direction of the Court, and also of key incidents within the Court, for example, with Bush v. Gore, which only occupies four substantive pages of material. This book just doesn't live up to the thesis suggested in its title.
"Supreme Conflict" in fact avoids controversy and is often a fawning account, as can be seen in the pages and pages of her acknowledgements (Toobin's is a respectable paragraph) in which she gushes about 'profound' gratitude and being 'incredibly' fortunate--no noun without an glowing adjective here. The problem is that she is really too close to official sources, not searching enough in 'psycho-history' and handles any unflattering or handles idiosyncratic details, especially of the powerful conservatives in ascendancy, with extreme care. (Along with the acknowledgements, the bookflap describing the contents inside--using words like titanic, gargantuan, brilliant, unvarnished, seething, bruising, masterpiece, etc.--is the one of the most purple--dare I say tumescent--of the year. It's too bad they don't give awards for this sort of thing.)
Finally,her account is also curiously incomplete in key details--again a better editor would have helped. For example, Toobin illustrates O'Connor's resignation and her letter to Bush as a polite but direct shot against incursions by the executive that had recently been made undermining the separation of powers and the rule of law, e.g. at Guantanamo. This relationship or view is lost in Greenburg's story.
She does catch some interchanges between the justices, particularly in conference and in vote-switching, or the 'leader/follower relationship' between Scalia and Thomas, in more detail than Toobin. The occasional story she does toss in, for example Souter needing to bum funds to make a trip to D.C., is amusing and insightful. She's stronger on the process of confirmation, e.g. the complete bumbling by the conservative brain trust in the selection of Souter, and the involvement of the other political branches, as befits the theme of the 'struggle for control.'
In broad detail both books cover similar ground--the beef that conservatives have with the Warren Court, the influence of public opinion on the judges and their political radar, the relationships of the justices to each other, etc. However, if you are just going to pick one of these, the Nine is going to give you as much 'inside' stuff as the other by and large, as well as cover though in not as great detail the 'struggle' for control, and do so in a more engaging manner. Where the Nine is an affable conversationalist, Supreme Conflict speaks grey officialese. Except for the book flap.
Summary of Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme CourtDrawing on unprecedented acc ess to the Supreme Court justices themselves and their inner circles, acclaimed ABC News legal correspondent Jan Crawford Greenburg offers an explosive newsbreaking account of one of the most momentous political watersheds in American history. From the series of Republican nominations that proved deeply frustrating to conservatives to the decades of bruising battles that led to the rise of Justices Roberts and Alito, this is the authoritative story of the conservative effort to shift the direction of the high court-a revelatory look at one of the central fronts of America's culture wars by one of the most widely respected experts on the subject. With its closed chambers and formal language, the Supreme Court tends to deflect drama away from its vastly powerful proceedings. But its mysteries hold plenty of intrigue for anyone with the access to uncover them. In Supreme Conflict, Jan Crawford Greenburg has that access, and then some. With high-placed sourcing that would make Bob Woodward proud, she tells the story of the Court's recent decades and of the often-thwarted attempts by three conservative presidents to remake the Court in their image. Among the revelations are the surprising influence of the most-maligned justice, Clarence Thomas, and the political impact of personal relations among these nine very human colleagues-for-life. Written for everyday readers rather than legal scholars, her account sidesteps theoretical subtleties for a compelling story of the personalities who breathe life into our laws. --Tom Nissley Crawford graduated from the University of Chicago Law School, and was a legal affairs reporter for the Chicago Tribune and Supreme Court correspondent for PBS's NewsHour before becoming the legal correspondent for ABC News. We had the chance to ask her a few questions about Supreme Conflict: Questions for Jan Crawford Greenburg Amazon.com: How hard was it to get the access to justices and clerks that you had for this book? Does the culture of the Court promote that kind of openness about their deliberations? Jan Crawford Greenburg: Hard! And let me tell you it took some time--they weren't flinging open the doors of their chambers for the first few years I was covering the Court. It takes awhile to build relationships and trust, and I was fortunate enough to do that during the dozen years I've been covering the Supreme Court. As for openness, I think the culture of the Court instead promotes anonymity and privacy. The justices aren't like the people across the street in Congress, or down Pennsylvania Avenue in the White House. They don't hold press conferences or solicit media coverage of their views. They speak through their opinions. I was fortunate that they also chose to speak with me for this important book about the direction of the Supreme Court and its role in our lives. Amazon.com: Harry Blackmun's notes must be a treasure chest for Court historians. Could you describe what you found there? Greenburg: A treasure chest is an understatement. Harry Blackmun took extraordinarily detailed notes--almost breathtaking in their scope and level of detail. (He would even write down what lawyers were wearing when they'd appear in Court to argue a case.) He recorded the justices' comments during their private conferences--when they discuss cases--and he took down their votes. And he kept all the key memos and letters that the justices would send back and forth when they were discussing a case. It was a tremendous window into the Court's inner sanctum, during some of the most pivotal years for the institution. Amazon.com: One of the biggest revelations of your book is your characterization of Clarence Thomas as far more influential, even in his first year on the Court, than he's usually given credit for. Could you describe what his role on the Court has been? Greenburg: Clarence Thomas has been the most maligned justice in modern history--and also the most misunderstood and mischaracterized. I found conclusive evidence that far from being Antonin Scalia's intellectual understudy, Thomas has had a substantial role in shaping the direction of the Court--from his very first week on the bench. The early storyline on Thomas was that he was just following Scalia's direction, or as one columnist at the time wrote, "Thomas Walks in Scalia's Shoes." That is patently false, as the documents and notes in the Blackmun papers unquestionably show. If any justice was changing his vote to join the other that first year, it was Scalia joining Thomas, not the other way around. But his clear and forceful views affected the Court in unexpected ways. Although he shored up conservative positions, his opinions also caused moderate Justice Sandra Day O'Connor to back away and join the justices on the Left. Amazon.com: Not every Supreme Court confirmation is a battle, even when the Senate and the President are from different parties. What separates the candidates who sail through from the ones who get put through the wringer? Greenburg: The recent appointment of Samuel Alito shows a justice with a clearly conservative record can get confirmed--and even pick up some votes from Democrats. Maybe the secret is developing a reputation as a fair and nonpartisan judge on a federal appeals court. At his hearings, liberal and conservative judges who had worked with him on the appeals court testified in his behalf, as did his law clerks--some of whom were self-identified liberals. Alito was the conservative counterpart to Clinton nominee Ruth Bader Ginsburg. She had been an outspoken advocate for liberal causes (including the ACLU), but she'd developed a reputation as a fair and thoughtful judge on the federal appeals court, garnering respect from both sides. Amazon.com: How much do Americans know about how their federal courts work? What should they know? Greenburg: Most Americans, understandably, think about trials and drama when the issue of the courts is raised. But the appeals courts--and the Supreme Court--remain mysterious, even though those courts have an enormous impact on American life. The judiciary is one of the three branches of government, but its decisions take on outsized importance at times. It can provide a vital check against abuse of individual rights by government--but it also can usurp the role of the people when it reaches out and takes on issues that more appropriately belong in the purview of the other branches. Amazon.com: Even though you show how our expectations for where new members will take the Court are so often wrong, I'll ask you anyway: What do you expect in the next few years from the Roberts Court? Greenburg: To be more conservative than the one led by Chief Justice William Rehnquist. John Roberts himself is a solid judicial conservative who believes the Court has too often taken on issues that belong in the realm of elected legislatures. He is advocating a more restrained approach, with greater consensus among the justices. In addition, Justice Alito replaced key swing-voter Sandra Day O'Connor, the Court's first female justice. O'Connor's vote often carried the day on the closely divided Court--and she typically sided with liberals on social issues like abortion, affirmative action, and religion. Alito is more conservative, and I expect to see the Court turn to the right on those and other issues.
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