In his new book on the U.S. Supreme Court, James Zirin argues that it has become a “political court” because the modern justices’ personal factors, such as their background, race, and sex, influence their judgments. He contends that these influences are illegitimate, producing policy choices on ideological grounds that have nothing to do with the Constitution. Although acknowledging that “politics and polarization” on the court is nothing new, he writes that the deep political divide of recent years is unprecedented. It is a worthwhile book that provokes thought on what the bar and body politic should reasonably expect from our public courts.
The book is arranged in 16 chapters that cover many of the justices and issues that have dominated partisan constitutional jurisprudence. It is written for lay readers, but lawyers will also find it useful. While the book could have used a better editor—Anthony Kennedy was not appointed by President George H.W. Bush and William Rehnquist did not serve as chief justice for 33 years—the author displays an articulate grasp of the personalities and arguments that have produced the court’s most controversial decisions. The book is written in an evocative style that readers will find entertaining.
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