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Title: The Brethren : Inside the Supreme Court by Bob Woodward, Scott Armstrong ISBN: 0-671-24110-9 Publisher: Simon & Schuster Pub. Date: 01 December, 1979 Format: Hardcover Volumes: 1 List Price(USD): $31.15 |
Average Customer Rating: 4.1 (21 reviews)
Rating: 4
Summary: Behind-the-scenes look at the Burger Court
Comment: Although "The Brethren" was written a quarter of a century ago and it covers the Supreme Court sessions from 1969 to 1975, there are two reasons to hunt down a used copy of this book and read it today. The first is its examination of the important Court decisions of Warren Burger's early years, all of which still reverberate with their controversy and implications. The second is to learn how, in spite of its famously left-of-center decisions, the Court began taking a sharp turn to the ideological right, spurred by the appointment of Burger and by the ascent of the young William Rehnquist.
"The Brethren" gave the Burger Court a reputation from which it never quite recovered. Although the Supreme Court has historically had its share of in-fighting, incompetence, and inanity, its internal meltdowns in the 1970s were occasionally beyond the pale. Woodward and Armstrong portray Burger as a well-meaning but ultimately misguided man obsessed by the legacy of Earl Warren, concerned far more with image than with principle, unskilled in management techniques that would have helped bring the Court to a consensus, and unashamed of his repeated attempts to assign the Court's decisions in a fashion insured to thwart the will of the majority. Even today, most historians, regardless of ideological bent, view the Burger years as a mediocre and often inconsistent transition between the liberal Warren Court and the conservative Rehnquist Court.
It's not a perfect book, by any means. Woodward and Armstrong are at their page-turning best when they examine in detail some of the more famous decisions and controversies faced by the Court (busing, obscenity, abortion, the death penalty, and--especially--Watergate). And the account is surprisingly balanced: anyone expecting a "liberal" flogging of an increasingly conservative court will be surprised, on the one hand, by the authors' depictions of the increasingly unfit and ornery Douglas and the unsophisticated yet affable Marshall and, on the other hand, by their open admiration of Rehnquist, who comes across as (by far) the most likeable and amiable of the justices. Nevertheless, their account is a bit too heavy on office gossip. True--this journalistic style brings the fourteen justices who served during these years to life, but what's lacking is the necessary detailed legal background that would make sense of the Court's day-to-day work rather than its scandalous backbiting and personality conflicts. Overall, though, it's an admirable piece of journalism that makes the Court seem as human as it really is.
Rating: 3
Summary: A worthwhile intro to the Court and a whole lot more
Comment: Woodward and Armstrong's "The Brethren" is one of those rare books that you may not like or agree with but you can't absolutely say it is a bad book.
Examining the Court from 1969 to 1975, "The Brethren" is an engaging account of how each Justice moved toward a judgement in the biggest cases of that era and how some of the Justices recruited others to form majorities in these cases. The surprising aspect of the book is that persuading other Justices was not so much recruiting as it was threatening, deceiving, placating, or other forms of work place politics.
This is all shocking until one realizes where the tension originates. These years are portrayed as a struggle between the noble and almost mythic Justices left over from the previous era - the Warren Court - and the new Justices, a.k.a. the Nixon appointees. Inevitably in the book, your appreciation will depend on your political leanings. "The Brethren" is, more than any book I've ever read, a product of its times. It reflects the anti-war, anti-establishment, anti-Nixon, pro-activist, and downright revolutionary times of the early 1970s. If you choose to read "The Brethren," you should understand that it takes positions as being either right or wrong. And with political powder kegs (abortion, busing, the Watergate tapes, the death penalty, etc.), that is an intellectually risky proposition.
Worth mentioning are also some lighter moments. Anything relating to the Justices and the obscenity/pornography cases of that time will have you telling your friends about this book. Those parts are filled with priceless humor. My final opinion, however, is that I'm glad I read it (really) but I wouldn't strongly recommend it.
Rating: 4
Summary: Supremely Informative
Comment: I read The Brethren because I have an interest in constitutional law and knew Woodward would do exhaustive research about the Supreme Court before writing this story. This book did not disappoint in its discussion of the constitutional issues debated in the court during the first 6 years of the Burger Court and it was a fascinating expose of the behind-the-scenes activites at the court and the personalities of the justices. Woodward does an excellent job presenting the cases in layman terms, perhaps because he began the project with no legal training himself, and it makes everything very clear for the reader. The most unsettling revelation in the book is how critical constitutional decisions often come down to compromises ("I'll side with you on this case if you side with me on that case") and personality clashes, though it is important to understand that the justices are people and their determinations are often subject to human passions. I think this book is an excellent history of the court in the early 70s and a cautionary tale for the future and I would highly recommend it to people interested in the Court and/or people interested in practicing law. I would also recommend it for people interested in politics in general, because the court is obviously very political whether it tried to remain independent or not.
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Title: Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court by Edward Lazarus ISBN: 0140283560 Publisher: Penguin Books Pub. Date: 01 June, 1999 List Price(USD): $17.00 |
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Title: The Supreme Court by William H. Rehnquist ISBN: 0375409432 Publisher: Alfred A. Knopf Pub. Date: 06 February, 2001 List Price(USD): $29.95 |
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Title: A Civil Action by Jonathan Harr ISBN: 0679772677 Publisher: Vintage Books USA Pub. Date: 01 September, 1996 List Price(USD): $14.95 |
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Title: A People's History of the Supreme Court by Peter H. Irons, Peter Irons ISBN: 0140292012 Publisher: Penguin Putnam Pub. Date: 01 August, 2000 List Price(USD): $15.95 |
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Title: All the President's Men by Carl Bernstein, Bob Woodward ISBN: 0671894412 Publisher: Simon & Schuster Pub. Date: 16 June, 1994 List Price(USD): $14.00 |
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