biographies

Chief Justice William H. Rehnquist has recently revised and expanded his book on the history and operation of the US Supreme Court. The book comes in at around three hundred pages, and is accessible to a general reading audience. Yet, those trained in political science and the law can also benefit from this work, as it provides a nice overview of Supreme Court history and how the justices operate today.

In terms of history, the Chief Justice's book provides brief discussion spanning from the Marshall court in the early Nineteenth Century until then end of the Warren court in the latter part of the Twentieth Century. Again, this work remains light in terms of doctrinal analysis, giving the orthodox views of cases as Marbury v. Madison (1803) and Dred Scott v. Sanford (1857), and likewise giving standard, summary treatments to landmark cases like Lochner v. New York (1905) and the court's Commerce Clause cases. The Chief Justice does a fine job in framing the historical backdrop and context in which cases like Dred Scott and Youngstown Sheet & Tube Co. v. Sawyer (1952) were decided, discussing the Missouri Compromise and Kansas-Nebraska Act in setting up the former case and the Korean Conflict and labor disputes in the latter.

Since the Chief Justice was himself a Supreme Court law clerk for Justice Robert Jackson during the Youngstown case (aka the "Steel Seizure Case"), his discussion of that case serves the twofold purpose of covering a significant decision in separation of powers jurisprudence and describing the work of a clerk. Justice Jackson also figures prominently in the Chief Justice's enjoyable summary of President Theodore Roosevelt's failed "Court Packing" plan, as the book covers the history behind the appointments of many of the justices.

Being rather appreciative of Justice Jackson's career and Supreme Court opinions, I longed for a more intimate portrayal of the man by his former law clerk, but I nonetheless realize that this book is too short for that, and likewise too short to go into detail in a great many of the areas that were touched upon. But I did enjoy his short biographical overviews of many of the justices who have served on the high court, including Joseph Story and Stephen J. Field.

For the most part, the Chief Justice gives a balanced look at the figures and cases of the court, but he does show his feelings about such cases as Korematsu v. US (1944) (an infamous Japanese internment case), as well as the Warren court's general approach to constitutional rights guarantees for criminal defendants.

I found later chapters dealing with the Supreme Court's administrative operations less interesting than the history, and his brief descriptions of more recent and current members of the court something read like a tourist brochure. Understandably and wisely, the Chief Justice likewise declines to discuss the events surrounding his own appointments and confirmations as well as major cases that have come before the Supreme Court during his own time as an Associate Justice and Chief Justice. (For a treatment of more recent cases and development of constitutional jurisprudence I recommend Judge Kenneth W. Starr's "First Among Equals: The Supreme Court in American Life.")

This newer edition is now available in paperback and it receives my recommendation.

Chief Justice William Rehnquist presents an impressively well-written introduction to the history and the operations of the United States Supreme Court.

Beginning with the landmark case, Marbury v. Madison, Rehnquist guides the reader through a history of the Supreme Court, its notable Justices, and important cases. He traces this history through the court of Cheif Justice Earl Warren, the last Chief Justice with whom Rehnquist did not sit on the Court.

Rehnquist also sheds light on the inner workings of the Court. Topics covered include how the Court chooses which cases it will hear, what happens in the conference after the oral arguments are heard, and how opinions are written. For someone on the outside, this is perhaps the best glimpse into the most secretive of our three branches of government.

Chief Justice Rehnquist's book will astound all readers who bear even the least interest in highest court in the land through his deft handling and description of each of the topics he discusses.

I am surprised that this book did not receive more favorable reviews. Perhaps for a constitutional scholar or supreme court lawyer this book is too basic. Since I am neither, I found it incredibly interesting. Rehnquist is a good writer whose narrative voice is so clear that I found it difficult to put the book down when it was time to go to sleep. As a layperson I never really thought about the very subjective nature of the decisions made by the justices and the role that their politics (and the political context) play in the decision making process. Rehnquist is obviously a very bright fellow. I would recommend this book to all those interested in the machinations of our government at a depth far more profound than can be gained from watching cable TV.