A deeply informed analysis of judicial history.
An esteemed jurist assesses the limitations of textualism.
Breyer, who retired in 2022 after 28 years on the U.S. Supreme Court, offers a cogent explanation of judicial reasoning, focusing particularly on the difference between textualism—now dominating the current Court—and pragmatism, which is his guiding principle. In making decisions, all judges consider “text, history, precedent, tradition, purposes, values, and consequences.” Textualists, though, “ask the judge to look, almost exclusively, to language. And their main point is that statutory (or constitutional) words mean what a reasonable person would have taken them to mean at the time they were written.” Breyer, however, sees this perspective as myopic. “Without ignoring the text,” he explains, “I normally put more weight on the statute’s purposes and the consequences to which a particular interpretation will likely lead. I will sometimes ask how a (hypothetical) ‘reasonable legislator’ would have interpreted the statute in light of its purposes.” He also considers “how those affected by the decision will react.” The author carefully examines many cases throughout the Court’s history, including Dobbs, which overturned Roe v. Wade, and cases for which he wrote the dissenting view. He argues persuasively that overruling earlier precedent can lead to chaos, because in departing from settled law, “the court could look at all previous decisions.” Breyer’s patient explanation of cases reveals the intricacies of judicial decision-making, even for textualists, who focus on the “highly complex” wording of the Constitution. Although he argues persuasively against textualism, he is reluctant to foresee a paradigm shift toward textualism incited by the present Court. Cautiously optimistic, he predicts that with time and experience, the new Court judges will realize the limitations of this approach and understand that “the ultimate object of law is to allow human beings to live peacefully and prosperously together in communities.”
A deeply informed analysis of judicial history.Pub Date: March 26, 2024
ISBN: 9781668021538
Page Count: 368
Publisher: Simon & Schuster
Review Posted Online: Jan. 25, 2024
Kirkus Reviews Issue: March 1, 2024
BOOK REVIEW
BOOK REVIEW
An engrossing and ominous chronicle, told by a master of the form.
Documenting perilous times.
In his most recent behind-the-scenes account of political power and how it is wielded, Woodward synthesizes several narrative strands, from the Jan. 6, 2021, insurrection and Hamas’ Oct. 7, 2023, attack on Israel to the 2024 presidential campaign. Woodward’s clear, gripping storytelling benefits from his legendary access to prominent figures and a structure of propulsive chapters. The run-up to Russia’s invasion of Ukraine is tense (if occasionally repetitive), as a cast of geopolitical insiders try to divine Vladimir Putin’s intent: “Doubt among allies, the public and among Ukrainians meant valuable time and space for Putin to maneuver.” Against this backdrop, U.S. Sen. Lindsey Graham implores Donald Trump to run again, notwithstanding the former president’s denial of his 2020 defeat. This provides unwelcome distraction for President Biden, portrayed as a thoughtful, compassionate lifetime politico who could not outrace time, as demonstrated in the June 2024 debate. Throughout, Trump’s prevarications and his supporters’ cynicism provide an unsettling counterpoint to warnings provided by everyone from former Joint Chief of Staff Mark Milley to Vice President Kamala Harris, who calls a second Trump term a likely “death knell for American democracy.” The author’s ambitious scope shows him at the top of his capabilities. He concludes with these unsettling words: “Based on my reporting, Trump’s language and conduct has at times presented risks to national security—both during his presidency and afterward.”
An engrossing and ominous chronicle, told by a master of the form.Pub Date: Oct. 15, 2024
ISBN: 9781668052273
Page Count: 448
Publisher: Simon & Schuster
Review Posted Online: Oct. 15, 2024
Kirkus Reviews Issue: Dec. 15, 2024
IN THE NEWS
PERSPECTIVES
A fierce, penetrating, and empowering call for change.
Artist and activist Vaid-Menon demonstrates how the normativity of the gender binary represses creativity and inflicts physical and emotional violence.
The author, whose parents emigrated from India, writes about how enforcement of the gender binary begins before birth and affects people in all stages of life, with people of color being especially vulnerable due to Western conceptions of gender as binary. Gender assignments create a narrative for how a person should behave, what they are allowed to like or wear, and how they express themself. Punishment of nonconformity leads to an inseparable link between gender and shame. Vaid-Menon challenges familiar arguments against gender nonconformity, breaking them down into four categories—dismissal, inconvenience, biology, and the slippery slope (fear of the consequences of acceptance). Headers in bold font create an accessible navigation experience from one analysis to the next. The prose maintains a conversational tone that feels as intimate and vulnerable as talking with a best friend. At the same time, the author's turns of phrase in moments of deep insight ring with precision and poetry. In one reflection, they write, “the most lethal part of the human body is not the fist; it is the eye. What people see and how people see it has everything to do with power.” While this short essay speaks honestly of pain and injustice, it concludes with encouragement and an invitation into a future that celebrates transformation.
A fierce, penetrating, and empowering call for change. (writing prompt) (Nonfiction. 14-adult)Pub Date: June 2, 2020
ISBN: 978-0-593-09465-5
Page Count: 64
Publisher: Penguin Workshop
Review Posted Online: March 14, 2020
Kirkus Reviews Issue: April 1, 2020
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