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THE NINE

INSIDE THE SECRET WORLD OF THE SUPREME COURT

A smart brief about the high court that suffers from sometimes dubious and occasionally inadmissible historical evidence.

Abortion, gay rights, disputed presidential elections and wartime powers have appeared on the Supreme Court docket under chief justices Rehnquist and Roberts, but this occasionally enlightening, often injudicious account focuses more on prickly egos.

CNN senior legal analyst and New Yorker staff writer Toobin (Too Close to Call: The Thirty-Six-Day Battle to Decide the 2000 Election, 2001, etc.) raises red flags in noting that he conducted confidential interviews “with the justices and more than seventy-five of their law clerks.” All the justices—even press-hostile Clarence Thomas and Washington-allergic David Souter? Since these interviews were “on a not-for-attribution basis,” how can we judge, for example, the claim that Sandra Day O’Connor found the presidency of George W. Bush “arrogant, lawless, incompetent, and extreme”? This vague sourcing is regrettable, because much about the justices’ personalities and deliberations in the last 20 years appears on the record. Moreover, Toobin displays a gift for narrative and abundant insights into how justice—and justices—get made. We learn that in the waning years of the Rehnquist Court, the justices’ isolation meant they influenced each other not in chambers, but in public questions during oral arguments. Over the last two decades, Toobin informs us, even the most conservative justices have grown increasingly tolerant toward gay clerks. In another tidbit, we hear that Mario Cuomo tantalized Bill Clinton with his interest in the vacancy that ultimately went to Ruth Bader Ginsburg. Despite periodic attempts at fairness, Toobin’s views color his characterizations. Liberal Stephen Breyer has “an almost messianic belief in the power of reason,” while more right-leaning justices are dismissed as crusty (the late Byron White) or “famously pugnacious” (Antonin Scalia). Toobin’s surprise that Dubya would appoint justices of his own ideological stripe seems disingenuous. Surely such a well-informed writer is aware of the confirmation reverses suffered by LBJ and Nixon in the 1960s and, at a greater extreme, FDR’s court-packing scheme of 1937.

A smart brief about the high court that suffers from sometimes dubious and occasionally inadmissible historical evidence.

Pub Date: Sept. 18, 2007

ISBN: 978-0-385-51640-2

Page Count: 336

Publisher: Doubleday

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: July 15, 2007

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A PEOPLE'S HISTORY OF THE UNITED STATES

For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.

Pub Date: Jan. 1, 1979

ISBN: 0061965588

Page Count: 772

Publisher: Harper & Row

Review Posted Online: May 26, 2012

Kirkus Reviews Issue: Jan. 1, 1979

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BETWEEN THE WORLD AND ME

NOTES ON THE FIRST 150 YEARS IN AMERICA

This moving, potent testament might have been titled “Black Lives Matter.” Or: “An American Tragedy.”

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The powerful story of a father’s past and a son’s future.

Atlantic senior writer Coates (The Beautiful Struggle: A Father, Two Sons, and an Unlikely Road to Manhood, 2008) offers this eloquent memoir as a letter to his teenage son, bearing witness to his own experiences and conveying passionate hopes for his son’s life. “I am wounded,” he writes. “I am marked by old codes, which shielded me in one world and then chained me in the next.” Coates grew up in the tough neighborhood of West Baltimore, beaten into obedience by his father. “I was a capable boy, intelligent and well-liked,” he remembers, “but powerfully afraid.” His life changed dramatically at Howard University, where his father taught and from which several siblings graduated. Howard, he writes, “had always been one of the most critical gathering posts for black people.” He calls it The Mecca, and its faculty and his fellow students expanded his horizons, helping him to understand “that the black world was its own thing, more than a photo-negative of the people who believe they are white.” Coates refers repeatedly to whites’ insistence on their exclusive racial identity; he realizes now “that nothing so essentialist as race” divides people, but rather “the actual injury done by people intent on naming us, intent on believing that what they have named matters more than anything we could ever actually do.” After he married, the author’s world widened again in New York, and later in Paris, where he finally felt extricated from white America’s exploitative, consumerist dreams. He came to understand that “race” does not fully explain “the breach between the world and me,” yet race exerts a crucial force, and young blacks like his son are vulnerable and endangered by “majoritarian bandits.” Coates desperately wants his son to be able to live “apart from fear—even apart from me.”

This moving, potent testament might have been titled “Black Lives Matter.” Or: “An American Tragedy.”

Pub Date: July 8, 2015

ISBN: 978-0-8129-9354-7

Page Count: 176

Publisher: Spiegel & Grau

Review Posted Online: May 5, 2015

Kirkus Reviews Issue: July 1, 2015

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