by Jeffrey Rosen
Reviewed by Bruce Lesh

In many instances, student interest in a topic can be captured with the use of an interesting historical anecdote. These small stories provide a window on a topic or help to reinforce an important point in classroom instruction. Consider the story Jeffrey Rosen conveys in his chapter on Hugo Black and William O. Douglas. In the aftermath of the milestone Brown decision, the Alabama state legislature passed a resolution stating that native son, former member of the Ku Klux, Klan, and Supreme Court Justice Hugo Black, could not be buried in Alabama soil. For the next ten years, Black’s visits to Alabama required him to don a bullet proof vest provided by the United States Secret Service. The personal price paid by Black for siding with the dismantling of segregation paints an important picture of the difficulties inherent to making political decisions. This vignette, like many offered in Jeffrey Rosen’s The Supreme Court—a companion book for the Public Broadcasting System’s (PBS) series of the same name—humanizes the court’s members and its decisions. The organization of the text allows readers insight into major turning points in the evolution of both the court as an institution and in its impact on Reconstruction, industrialization, the New Deal, civil rights, and the right to privacy.

The central organizing theme of the book is Rosen’s exploration of “judicial temperament,” which he defines as the “personality, character, upbringing and education, formative career experiences, work habits…”, of the justices. Through the comparison of seven justices, and one President (Thomas Jefferson), Rosen posits the argument that true measure of the court’s efficacy is the manner in which temperament guides the decisions emanating from the institution. Short biographical sketches start each chapter followed by the interactions between two justices who the author identifies as bringing different temperaments to the court. Comparisons of John Marshall and Thomas Jefferson, John Marshall Harlan and Oliver Wendell Holmes, Hugo Black and William O. Douglas, and William Rehnquist and Antonin Scalia serve as the chapters of the book. Central to Rosen’s investigation is the degree to which ideological extremes are avoided and pragmatism is embraced. His descriptions of Chief Justice John Marshall, in comparison to President Thomas Jefferson encapsulate the dichotomy that drives the book’s organization. In Rosen’s estimation, it was Marshall’s “incrementalism, accommodation, practicality, philosophical moderation” that allowed him to be successful unlike Jefferson who, according to Rosen, lacked all the above mentioned skills. Later, Rosen argues that the quest for the spotlight harbored by justices William O. Douglas and Antonin Scalia also reflected a lack of the appropriate temperament. Rosen holds that William Rehnquist, on the other hand, was in possession of the correct judicial temperament because “Rehnquist had a knack for getting along with his ideological opponents,” while “Scalia managed to alienate even his ideological sympathizers.” In many instances, temperament, by Rosen’s analysis, seems to be a substitute for a reverence for the court over personal ideology or ambition. Nevertheless, the stories told in The Supreme Court are fertile ground for teachers of the court and its decisions.

Students could use the chapter organization of the book to prepare reports of the impact of the court on the Early National period, Reconstruction, industrialization, the New Deal, the Civil Rights movement, and the battle over privacy. Reports could focus not only on key decisions, but the interplay of the justices during these key moments in American History. The quick depictions of the backgrounds, personalities, and key decisions of seven Supreme Court justices found in Jeffrey Rosen’s The Supreme Court, will refresh teacher’s knowledge of the court and provide many of the anecdotes that can generate deeper student interest in a topic.

by Jeffrey Toobin
Reviewed by Philip Nicolosi

The Nine: Inside the Secret World of the Supreme Court takes the reader inside the most enigmatic of our three branches of government. Author Jeffrey Toobin suggests that the Court “by design keeps its operations largely secret from the outside world,” but there are opportunities to peek into the “window of its soul.” High school government and history teachers will certainly find this bestseller useful for both background knowledge and anecdotes, but mostly to teach students about the court’s most critical processes — how justices are nominated, how politics plays a role in a body that’s supposed to be apolitical, and how backgrounds and personalities affect opinions rendered. The Nine is a well-organized and engaging book, and teachers will have little trouble finding useful classroom material for lesson plans.

Toobin puts a human face on a branch of government that still prohibits cameras in the chambers and whose members can still attend a NASCAR event in near anonymity (yes, one of the justices attends the races). Reading about the differences in Warren Burger’s and William Rehnquist’s leadership style, how Bill Clinton settled for his seventh choice in Ruth Bader Ginsburg, or how Clarence Thomas dealt (and still deals) with his confirmation hearing, students will realize there is more to the Supreme Court than just “interpreting the law.”

The Nine will prove versatile in the classroom. For a US Government class, this book is ideal. Not only does it provide a pointed summary of the Supreme Court and its procedures, but it covers topics such as the nominations of Justices, the politics of various issues and the subsequent decisions and rationales of the individual justices. A teacher could assign a particular justice to a small group and have the group read the sections on the justice’s nomination, his or her political leanings, and a key case that defined that particular justice. Alternatively, teachers could assign projects based on notable court cases, with each chapter highlighting an issue or case and a particular justice who was instrumental in the outcome. One group could read and report on how Sandra Day O’Conner – a Goldwater conservative – found herself voting against overturning Roe v. Wade or how Stephen Breyer, in his first few years on the court, wrote a classic dissent defending his interpretation of the commerce clause. Students could then report their findings in an essay or an oral presentation to the class using evidence from The Nine as well as evidence from the actual opinions found on websites such as the OYEZ Project (a comprehensive site on the Supreme Court). Certainly a class analysis of the Bush v. Gore chapters can be used to teach the controversy in the 2000 election, but it can also be used to examine the rift that decision created within the Court.

Although Toobin focuses on the Rehnquist Court, this book has great value for a US History class. Toobin provides a nice overview of major issues taken up by the court, each within the context of the time. He discusses the justices as products of their background, and this helps explain each of their judicial philosophies. Students in a history class can also gain a much fuller understanding of what it means to “interpret the law.” Students could easily be assigned an issue and look at how each justice interpreted that particular issue or why individuals brought the case to court as well as how the interpretation of our rights changes over time. An excellent example for this type of analysis would be the chapter entitled “What Shall be Orthodox,” which deals with both speech and religion, and various interpretations of these two cherished rights.

While Toobin’s research and writing style make the book accessible to advanced students’ reading abilities and comprehension, judicious selections of topics may be necessary. The extensive discussion of the abortion issue and the brief chapter on the Court’s dealing with homosexuality may be beyond what some districts and schools allow. However, the numerous other topics such as the Clinton impeachment, the Court’s view of federalism, and the recent appointments of Samuel Alito and John Roberts will provide substantial material to supplement any desired learning objectives.

Focusing on the longest period without a change in the Court’s nine-justice history, Toobin’s work can be a true asset to any classroom teacher. From his individual justice profiles and the analysis of their decisions to his summary and explanation of the context of issues such as the War on Terror cases and The University of Michigan’s admissions policy, teachers will certainly not find themselves at a loss for lesson plan ideas, anecdotes and information. Coupled with other resources and websites such as the OYEZ Project, the once mysterious world of the Supreme Court becomes less of an enigma and more human.