qwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiop

Book Report

The Nine, inside the Secret World of the Supreme Court

7/27/2011

Mary J. Collins

CONTENTS

Introduction............................................................................................................................................................................. 1

Thesis.......................................................................................................................................................................................... 1

How does this book relate to our law?.........................................................................................................................2

How does this book relate to Basic Concepts of the Law?...................................................................................3

What is the influence of culture on the court system and the Law?................................................................5

Conclusion.................................................................................................................................................................................8

ii

THE NINE, INSIDE THE SECRET WORLD OF THE SUPREME COURT

INTRODUCTION

In the book, “The Nine, inside the Secret World of the Supreme Court,” author Jeffrey

Toobin chronicles the shifting of the majority of the U.S. Supreme Court Justice’s

philosophical viewpoints from liberal leaning to conservative leaning. The book covers the

changing philosophical approach of U.S. Supreme Court justices from the end of Chief

Justice Earl Warren’s time on the court to the end of Chief Justice William H. Rehnquist, and

through the tender beginnings of Chief Justice John G. Roberts’ time on the court. He views

this shift in philosophy and the type of people who presidents appoint to sit on the court as

a direct result of a planned attack by extreme conservative groups in an attempt to enforce

their own political and ideological viewpoints on the American People thought the usage of

the court system and the U.S. Supreme Court’s rulings on landmark cases.

THESIS

“The Nine, inside the Secret World of the Supreme Court” is a critical non-fiction review of

the justices who sit on the bench of the highest court in the United States, the process they

endure to receive their appointments to those seats, and the motivations behind their

rulings. The author explains his theory on how the rise of the Conservative Movement over

the past three decades has emboldened conservative groups who support the

appointments of conservative justices to the U.S. Supreme Court in order to change the

laws to reflect their own ideological views of how the American people should govern

themselves.

1

He has supported this theory by explaining the selection process for Supreme Court

Justices, which he says, relies heavily on their personal political views on major issues of

the day. He further explains how the dramatic changes made through the rulings on

landmark court cases, interpretation of the U.S. Constitution, and the lack of support for

past precedent1 by newly appointed justices represent a direct relationship to the

conservatives influence on the appointments of those U.S. Supreme Court justices.

HOW DOES THIS BOOK RELATE TO OUR LAWS?

The U.S. Supreme Court is the final stop for any federal contested court case in the United

States. It is the rulings of the nine justices who sit on that court that affect how laws are

applied in our country. U.S. Supreme Court Justice John G. Roberts compared himself to an

umpire in the game of baseball during his confirmation hearings before the U.S. Senate. He

explained to senators that he would only apply and not interpret the rule of law; and

because of his views on the roll of judicial restraint, he could assure them that he would not

actively make new laws from the bench. Mr. Toobin said that comparison was a lie, and

said that the U.S. Supreme Court Justices were more like the baseball commission who is a

governing body that write the rules for baseball. Mr. Toobin pointed out Chief Justice

Roberts’ votes in cases such as Gonzales v. Carhart, which did not overturn Roe v. Wade but

put major restrictions on it going forward.

America bases it legal system on the premise that there are three equal branches of

government2, which provide checks and balances on each other when it comes to their

power and control over our government as a whole. 1 Precedent is the process whereby justices inform their views of a case by rulings of past justices. 2 Three Equal branches of government are the executive branch, the legislative branch and the judicial branch.

2

Chief Justice Roberts, a man supported by and active in groups like the Federalist Society,

felt that the President should be given more powers when it comes to governing our

country. Chief Justice Roberts’ votes on cases dealing with the prisoners in Cuba held at

Guantánamo Bay, which put the rule and constitutional right of habeas corpus in grave

danger, are examples of those extreme political conservative views held by both himself

and his fellow conservative justices which could tip that balance of power in favor of the

executive branch of government.

HOW DOES THIS BOOK RELATE TO BASIC CONCEPTS OF THE LAW?

Our government has different levels within the court system. The duties and

responsibilities of justices have a direct impact on those levels of the court systems in

relationship to the laws. Cases move from lower courts through higher courts where judges

base their decision on the U.S Constitution, past cases and statutes created by lawmakers.

Past precedent has always informs the justice’s decision-making process on current cases.

There are both personal philosophy views and the ethical issues which play rolls in how

our justices decide cases that affect the decision making process of our lower court judges

and our laws.

Mr. Toobin suggested that both Justice Clarence Thomas and Justice Antonin Scalia, aka

Nino to his fellow justices on the court, to a greater extent allowed their own personal

political views to influence their decision on cases before the court. He also suggested that

they allowed the views of the conservative groups who supported them to influence their

3

decision making process when it came to court case they ruled on during their time on the

U.S Supreme Court.

One example of this type of breach was when Justice Scalia went duck hunting with the

then Vice President Dick Cheney just before a case that included him was head before the

Supreme Court. Justice Scalia felt no need to remove himself from the case and there is no

requirement that he do so because of the close relationship developed by a Supreme Court

Justice and the members of the Executive Branch.

Mr. Toobin suggests that Justice Clarence Thomas shows a total disregard for past

precedent. Mr. Toobin points out that Justice Clarence Thomas has proudly told audiences

from his many speeches that he bases his rulings only on his own personal interpretation

of the U.S. Constitution and not past precedent. This is a total departure from accepted

standard in how judges rule on cases. Mr. Toobin quoted a remark made by Justice Scalia to

a reporter in his book that pointed out the extreme nature when it comes to the views of

Justice Thomas. The quote is, “So Justice Scalia, What is the different between yours and

Justice Thomas view on how to interpret the constitution?” Justice Scalia replied, “I am an

orginalist not a nut.”

Clearly, from this remark we can see the importance placed on past precedent by the

majority of U.S. Supreme Court Justices. Mr. Toobin suggested that Chief Justice Rehnquist

avoided giving Justice Thomas the opportunity to write major opinions for the U.S.

Supreme Court because of his extreme and often embarrassing views on court cases. Mr.

4

Toobin further suggested that Chief Justice Rehnquist in all other cases tried to divide those

duties evenly among the other justices.

This book also discusses many of the major landmark cases before the U.S. Supreme court.

It defines how those cases and the rulings of the justices effect how the laws are applied at

the lower level of the court system. It discusses the different of limiting precedent as

opposed to overruling a case. It speaks to the fact that while Chief Justice John G. Roberts’

court has not overruled some cases there is still a major change because the most current

ruling of the U.S. Supreme Court clearly carries more weight than older rulings by justices

who served under an old chief justice. These are all things that should concern the

American people when it comes to their relationship to the law.

WHAT IS THE INFLUENCE OF CULTURE ON THE COURT SYSTEM AND THE LAW?

Mr. Toobin spends a great deal of his time in this book talking about the rise of the

Conservative Movement and its effects on the rulings of the U.S. Supreme Court. Mr. Toobin

also pointed out that certain justices such as retired Justice Sandra Day O’Connor often

tried to base their decisions not on political views but instead on what they felt was the

prevailing views of the public at the time of the court cases.

Mr. Toobin speaks about an extreme conservative group who call themselves the Federalist

Society. Members of that group had a serious influence with President George W. Bush

when it came to whom he nominated for the U.S. Supreme Court. Mr. Toobin pointed out

that the president was not just influenced by those types of groups but held the exact same

5

social, political, and philosophical views as those groups. Those groups demand and

expected any U.S. Supreme Court nominee to hold their extreme conservative social and

political views. Due to the nature of the U.S. Supreme Court nomination process in the past

that had not always held true, but with new research methods most presidents can now

count on their nominees holding to their parties views on issues that come before the U.S.

Supreme Court.

I once received the opportunity to see Justice O’Connor in person after she retired from the

court. She was on one of her speaking tours. She holds the rather strong view that judges at

all levels in the legal system should be appointed rather than elected to office. Justice

O’Connor feels that by appointing judges at the local level that they would be less inclined

to be political motivated in their ruling of court cases. In the book, Mr. Toobin and Justice

Scalia dismiss that belief as just not true since U.S. Supreme Court Justices must know and

interact with presidents and politician just to make the short list for a nomination to a seat

on the bench. They also must have strong support of their party just to be noticed. Current

Presidents of the United States over the past three decades are unwilling to offend their

political base by nominating candidates for the U.S. Supreme Court that do not fall in line

with their social and political views. Extreme conservative groups have risen to prominent

political power through their organized support of selected candidates for judicial seats on

all levels of the courts.

Extreme conservative groups make it clear to those candidates for judicial seats that if you

do not whole heartily support their issues than you will not receive their support. They

expect candidate to tow the party line in the strictest manner possible on all major political

6

issues of the day. Judicial candidates who reject that view simply are not appointed to a

seat on the bench at any level of the legal system. This has resulted in a much divided court

system which allows one justice to hold the complete power in their hands as to whether

contentious cases will result in a opinion that will aide either the conservative or the liberal

side of society.

The court is made up of nine members. When four justices hold very conservative views

and four hold very liberal views it often falls to one member of the court to break the tie.

That ninth voting position is often very influential. Justice O’Connor who leaned to the

liberal side on social issues of her day was that swing vote for the U.S. Supreme Court

during the time of the Rehnquist Court.

That position on the court allowed her to make very powerful rulings, which she openly

based on what she viewed as public opinion. Justice O’Connor surprised the people who

placed her on the court by not basing her rulings on any political agenda per say, but when

it came to social issues she look to see how the country as a whole felt about the issues.

Justice O’Connor turned out to be a social moderate at a time when presidents were looking

to nominate only strict conservatives to the U.S. Supreme Court. By following a more

moderate stand on her rulings, she attempted to find a middle ground which society as a

whole could approve of when it came to court cases.

Justice O’Connor won the respect of both moderate conservatives and moderate liberals

during her time on the U.S. Supreme Court as a direct result of her attempts to find a social

middle ground on difficult social issues that came before the courts.

7

CONCLUSION

Mr. Toobin successfully argues in his book that politics has always had and will always

have a significance influence on the decisions made by the U.S. Supreme Court. His view is

that the U.S. Supreme Court moved to the right during the time of the Rehnquist Court. He

also sees the same trend now that Chief Justice John G. Roberts Jr. is in control of the court.

He says that the move of justices to a more conservative leaning is a direct result of the rise

over the past three decades of the Conservative Movement, which has organized support

for conservative judicial nominees. As Mr. Toobin states this behavior will have at some

point a direct and profound effect on our legal system.

With the court so evenly divided it only takes one seat to either move the court into an

openly conservative or liberal position. Clearly, the conservatives groups are hoping that

they will win the battle for the control of the U.S. Supreme Court. If either side wins this

battle then the result will bring major changes in landmark cases, which will result in major

changes to our laws and our legal system as a whole. At present our U.S. Supreme Court is

still divided, but with a conservative leaning justice as the swing voter. I do have to wonder;

who will be the president that will change that equation in the future, and what will be the

overall effect when that change comes to our nation.

8