A damning account of a Supreme Court gone wildly activist in shredding the Constitution.
Alarming exposé of the Supreme Court’s “hard right supermajority.”
Along with legislatures stripping minorities of civil and voting rights and gerrymandering safe districts, the Supreme Court, writes NYU School of Law scholar Waldman, is among the foremost “threats to American democracy.” While in office, Donald Trump installed three Supreme Court justices who have transformed the moderate Roberts court into an extreme right-wing institution that, in just three days in June 2022, overturned Roe v. Wade, forbade federal agencies from addressing climate change, and “radically loosened curbs on guns, amid an epidemic of mass shootings.” These actions, Waldman fears, are just the beginning of a struggle over the meaning of the Constitution—a struggle fought, by his reckoning, three times before, most recently in rulings concerning civil rights after Brown v. Board of Education. The current court is focused on “originalism,” which involves trying to “discern exactly what the Founders were thinking.” However, Waldman urges, the Founders assumed that the Constitution would be frequently amended to reflect social change. One great reform came in the 19th century to extend the power of the Bill of Rights to state-level as well as federal actions. Today, with the sullenly taciturn Clarence Thomas and his election-denying spouse at the center of the court, stripping rights, Waldman charges, is the order of the day. In an institution with almost no ethical controls, “Thomas managed to run afoul of the few existing rules that govern conduct.” Waldman counsels a program to sidestep the Supreme Court not by packing it, as some have urged, but instead by strengthening lower courts (Justice John Roberts himself having called for 79 new federal judges), limit court tenure to 18 years instead of a lifetime appointment, and concentrate on building a progressive legislative branch.
A damning account of a Supreme Court gone wildly activist in shredding the Constitution.Pub Date: June 6, 2023
ISBN: 9781668006061
Page Count: 400
Publisher: Simon & Schuster
Review Posted Online: April 17, 2023
Kirkus Reviews Issue: May 15, 2023
Cogent, well-timed ideas for meeting today’s biggest challenges.
Helping liberals get out of their own way.
Klein, a New York Times columnist, and Thompson, an Atlantic staffer, lean to the left, but they aren’t interrogating the usual suspects. Aware that many conservatives have no interest in their opinions, the authors target their own side’s “pathologies.” Why do red states greenlight the kind of renewable energy projects that often languish in blue states? Why does liberal California have the nation’s most severe homelessness and housing affordability crises? One big reason: Liberal leadership has ensnared itself in a web of well-intentioned yet often onerous “goals, standards, and rules.” This “procedural kludge,” partially shaped by lawyers who pioneered a “democracy by lawsuit” strategy in the 1960s, threatens to stymie key breakthroughs. Consider the anti-pollution laws passed after World War II. In the decades since, homeowners’ groups in liberal locales have cited such statutes in lawsuits meant to stop new affordable housing. Today, these laws “block the clean energy projects” required to tackle climate change. Nuclear energy is “inarguably safer” than the fossil fuel variety, but because Washington doesn’t always “properly weigh risk,” it almost never builds new reactors. Meanwhile, technologies that may cure disease or slash the carbon footprint of cement production benefit from government support, but too often the grant process “rewards caution and punishes outsider thinking.” The authors call this style of governing “everything-bagel liberalism,” so named because of its many government mandates. Instead, they envision “a politics of abundance” that would remake travel, work, and health. This won’t happen without “changing the processes that make building and inventing so hard.” It’s time, then, to scrutinize everything from municipal zoning regulations to the paperwork requirements for scientists getting federal funding. The authors’ debut as a duo is very smart and eminently useful.
Cogent, well-timed ideas for meeting today’s biggest challenges.Pub Date: March 18, 2025
ISBN: 9781668023488
Page Count: 320
Publisher: Avid Reader Press
Review Posted Online: Jan. 16, 2025
Kirkus Reviews Issue: Feb. 15, 2025
BOOK REVIEW
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
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
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