US Supreme Court histories?

January 25, 2006 9:05 AM

Good U. S. Supreme Court histories? I really like the Supreme Court. I like to hear about it and read about it. I love the place it occupies in our national politics, the deliberative position it holds. I'm interested in reading books of history about it, how it has evolved, major trends, what it used to be like. Any suggestions?

For instance, I really liked the history of the court in Rehnquist's Grand Inquests even though I disagreed with many of his conclusions. Is his history of the court good?

(A related question: is there any relationship between a real interest in this kind of stuff and a career as a lawyer?)

posted by OmieWise to Law & Government (15 answers total)

Have you read The Brethren? If not, pick it up. It's a fun read (if somewhat dated) and describes the Court at one of the most interesting moments in its recent history (1969-1975). It also describes a Court very different from the one we see today. Like him or hate him Woodward writes a good page-turner.

To answer your second question, I'm a lawyer with a strong interest in the politics and history of the Supreme Court and the two are almost totally unrelated. My interest has neither helped nor hindered me professionally. Unless you are going to be a very special kind of lawyer your interest in the Court probably won't cut one way or the other.
posted by The Bellman at 9:12 AM on January 25, 2006

This is not exactly on point, but I just finished reading Becoming Justice Blackmun, and I loved it. He was a prolific notetaker, and the book is based on his notes (which were just made public, 5 years after his death). He was involved in some of the most important cases the Court decided (he wrote the majority opinion in Roe v. Wade), and the book offers interesting insights into the thought process of a Supreme Court justice (and the lasting effects an opinion can have on a judge).
posted by elquien at 9:20 AM on January 25, 2006

Closed Chambers, by Edward Lazarus, is pretty interesting.

As for your second question, I think The Bellman is only partially right. For most lawyers, this kind of historical interest in the Supreme Court is not directly helpful, in the sense that the history of the Supreme Court is rarely directly relevant to representing the interests of their client on a day-to-day basis. I do thing, though, that having a deep interest and knowledge of legal history makes you a better lawyer, in the sense that you are better able to understand the function and purpose of the laws under which your clients are governed, and are better able to place those laws into context for the relevant decision maker.
posted by monju_bosatsu at 9:32 AM on January 25, 2006

You probably already know about this, but just on the off-chance, the Supreme Court's Web site has lots of interesting information (much of it in .pdf format). Personally, I love reading the transcripts of the oral arguments.
posted by Gator at 9:36 AM on January 25, 2006

McCloskey & Levinson, The American Supreme Court (4th ed. 2004) is what you want. Even better, it contains an enormous bibliographical essay in which references to more literature can be found.

Yes, there absolutely is a relationship between an interest in the Supreme Court and being a lawyer, with one caveat. Very few lawyers practice constitutional law on a day-to-day basis. Most of the work is far more mundane, and the vast majority of attorneys never go to court. But an inquisitive mind into complex legal issues certainly is an indicator of success in law school and at the sort of legal analysis that makes for being a good lawyer.

MefiLawyers is our mailing list for Mefi's law students, prospective law students, and lawyers, anyone is free to join.
posted by Saucy Intruder at 9:41 AM on January 25, 2006

You may find The Supreme Court Historical Society website interesting. It contains online publications and archives of their journal.
posted by amro at 9:50 AM on January 25, 2006

The Oxford Companian to the Supreme Court of the United States edited by Kermit Hall is a great resource (amazon link).
posted by princelyfox at 10:02 AM on January 25, 2006

Nine Scorpions in a Bottle is a collection of essays and columns about noted judges and cases of the Supreme Court.

May It Please the Court contains transcripts of oral arguments made in the most important cases in the last 50 years.
posted by forrest at 10:18 AM on January 25, 2006

The Supreme Court Historical Society has online editions of their newsletter from 1976 to 1990.

A People's History of the Supreme Court
posted by kirkaracha at 10:28 AM on January 25, 2006

That MeFiLawyers link didn't work for me. (It worked, but all its links were dead ends.) This one worked. FYI.
posted by cribcage at 10:57 AM on January 25, 2006

A People's History of the Supreme Court is fairly good (as kirkaracha has indicated). Its title pays homage to Howard Zinn's A People's History of the United States and it shares that general attitude. The focus is more on the people and events that created selected famous historical cases and includes bios or biographical sketches on all the justices. If you are looking for more of a straight history or a doctrinal history, then I wouldn't suggest this book. Otherwise it is a great read and I learned the surprising background on many seminal Supreme Court decisions (i.e. Plessy, like Rosa Parks, acted purposefully to break the law in a calculated attempt to get the case to the appellate courts).
posted by Falconetti at 11:07 AM on January 25, 2006

One of my favorite books growing up was Go East,Young Man: The Early Years: The Autobiography of William O. Douglas.
posted by IndigoSkye at 12:03 PM on January 25, 2006

Read Contempt of Court. It's a fascinating book that you'll have a hard time putting down.

I've heard that much of what is in "Go East, Young Man" is untrue.
posted by null terminated at 12:59 PM on January 25, 2006

I second the Oxford Companion to the Supreme Court. I bought it for my wife a number of years ago and she was very happy with it.

Neither of us are lawyers, but we both very interested in the Court's workings and deliberations. I can't speak for her, but in my case it comes from my perception that the Court is the one institution of governement at the national level where ideas are important in their own right. I guess time will tell if that continues to be so.
posted by hwestiii at 1:04 PM on January 25, 2006

I'll second Closed Chambers. It also really opened my eyes about how the death penalty is administered in our judicial system.
posted by euphorb at 10:07 PM on January 25, 2006