The Oath

The Obama White House and the Supreme Court

Author: Jeffrey Toobin

Publisher: Anchor Books

ISBN: 0307390713

Category: Law

Page: 325

View: 5533

Presents an insider's account of the ideological war between the John Roberts Supreme Court and the Obama administration, tracing several landmark cases and the strong views that will be shaping the Court of the near future.

Too Close to Call

The Thirty-Six-Day Battle to Decide the 2000 Election

Author: Jeffrey Toobin

Publisher: Random House Trade Paperbacks

ISBN: 0375761071

Category: Political Science

Page: 320

View: 9967

In an insightful study of the 2000 presidential election, the best-selling author of A Vast Conspiracy sheds light on the diverse personalities and the complex issues of race, sex, and power involved in the post-election battle and offers a lucid account of the events, legal complications, and implications of the thirty-six-day struggle to determine who would lead the country. Reprint. 40,000 first printing.

The Nine

Inside the Secret World of the Supreme Court

Author: Jeffrey Toobin

Publisher: Anchor

ISBN: 0307472892

Category: Political Science

Page: 480

View: 7199

Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

Uncertain Justice

The Roberts Court and the Constitution

Author: Laurence Tribe,Joshua Matz

Publisher: Henry Holt and Company

ISBN: 0805099131

Category: Political Science

Page: 416

View: 3510

With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.

Opening Arguments

Author: Jeffrey Toobin

Publisher: Anchor

ISBN: 0525434453

Category: Law

Page: 384

View: 8233

In January of 1987 Jeffrey Toobin is fresh out of Harvard Law School, and appointed the youngest lawyer on Special Prosecutor Lawrence Walsh's team to investigate and try the leading figure in the Iran-Contra affair--Oliver North. For twenty-eight thrilling months, Toobin served on Walsh's staff and came of age into his profession. Toobin's first book and immersive account of that period is the story of a young man's awakening to the realities of law and a policial, legal and moral drama on a grand stage. Through this defining case of the 1980s--which featured obstruction of justice, diversion of funds, and personal corruption--Opening Arguments shows the judicial process at work. The Congressional Iran-Contra committees granted the key figures of the trial immunity, so Toobin and his colleagues had to work in the dark, without accesss to newspapers or television for weeks at a time. The Reagan Justice Department provided difficulties too. On page after page, Toobin illuminates these battles against long odds, portraying the climactic North trial itself with the eye of a novelist. Like a morality tale with few losers and no real winners, Bill Moyers calls Opening Arguments "a valuable account of how politics and law entwined in the Iran-Contra trials... Reading it can be a citizen's education, too."

A Vast Conspiracy

The Real Story of the Sex Scandal That Nearly Brought Down a President

Author: Jeffrey Toobin

Publisher: Random House

ISBN: 030782912X

Category: Law

Page: 448

View: 4972

In A Vast Conspiracy, the best-selling author of The Run of His Life casts an insightful, unbiased eye over the most extraordinary public saga of our time -- the Clinton sex scandals. A superlative journalist known for the skillfulness of his investigating and the power of his writing, Jeffrey Toobin tells the unlikely story of the events that began over doughnuts in a Little Rock hotel and ended on the floor of the United States Senate, with only the second vote on Presidential removal in American history. This is an entirely fresh look at the scandal that very nearly brought down a president. Packed with news-making disclosures and secret documents published here for the first time, Toobin unravels the three strands of a national scandal - those leading from Paula Jones, Kenneth Starr, and Monica Lewinsky - that created a legal, personal, and political disaster for Bill Clinton. A Vast Conspiracy is written with the narrative drive of a sensational (if improbable) legal thriller, and Toobin brilliantly explores the high principle and low comedy that were the hallmarks of the story. From Tripp to Goldberg, Isikoff to Hyde, the complex and tangled motivations behind the scandal are laid bare. While misguided, outlandish behavior was played out at the very highest level, Toobin analyzes the facts and the key figures with a level of dignity and insight that this story has not yet received. The Clinton scandals will shape forever how we think about the signature issues of our day -- sex and sexual harassment, privacy and perjury, civil rights, and, yes, cigars. Toobin's book will shape forever how we think about the Clinton scandals.

The Obama White House and the Supreme Court

from The Oath

Author: Jeffrey Toobin

Publisher: Vintage

ISBN: 0525433767

Category: Law

Page: 24

View: 2686

A Vintage Shorts Selection The bestselling and prizewinning author of The Nine and American Heiress tells the dramatic and gripping insider’s story of the momentous ideological war fought between the Obama White House and the Supreme Court. President Obama and Chief Justice Roberts could not be more different. Obama, a legal conservative grappling with the second amendment among other issues, believes in the close interpretation of the Constitution, incremental change, and pragmatism over ideology. But, for Roberts the law is all about winning. And, from the moment he botched Obama’s oath of office in 2009, the relationship between the Court and the White House has been fraught. This is essential history that unravels the forces that have shaped the Roberts Court over the last eight years. The nation is preparing to vote for its next president, and it bears remembering that the future of the Supreme Court will also be on the ballot. An ebook short.

Advice and Consent

The Politics of Judicial Appointments

Author: Lee Epstein,Jeffrey A. Segal

Publisher: Oxford University Press

ISBN: 9780195345834

Category: Political Science

Page: 192

View: 4974

From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.

Scorpions

The Battles and Triumphs of FDR's Great Supreme Court Justices

Author: Noah Feldman

Publisher: Twelve

ISBN: 0446575143

Category: History

Page: 528

View: 6545

A tiny, ebullient Jew who started as America's leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. SCORPIONS tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.

The Roberts Court

The Struggle for the Constitution

Author: Marcia Coyle

Publisher: Simon and Schuster

ISBN: 145162753X

Category: Political Science

Page: 416

View: 6257

The Roberts Court, seven years old, sits at the center of a constitutional maelstrom. Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr. Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.

The Oxford Companion to the Supreme Court of the United States

Author: Kermit L. Hall,James W. Ely,Joel B. Grossman

Publisher: Oxford University Press on Demand

ISBN: 0195176618

Category: Law

Page: 1239

View: 1787

The second edition of this authoritative guide on the impact of the Supreme Court's decisions on American society includes updated entries on key cases over the past thirteen years, as well as a fully revised treatment of areas of constitutional law.

American Heiress

The Wild Saga of the Kidnapping, Crimes and Trial of Patty Hearst

Author: Jeffrey Toobin

Publisher: Anchor

ISBN: 0345803159

Category: Biography & Autobiography

Page: 480

View: 9895

A National Bestseller From New Yorker staff writer and bestselling author of The Nine and The Run of His Life: The People v. O. J. Simpson, the definitive account of the kidnapping and trial that defined an insane era in American history On February 4, 1974, Patty Hearst, a sophomore in college and heiress to the Hearst Family fortune, was kidnapped by a ragtag group of self-styled revolutionaries calling itself the Symbonese Liberation Army. The weird turns that followed in this already sensational take are truly astonishing--the Hearst family tried to secure Patty's release by feeding the people of Oakland and San Francisco for free; bank security cameras captured "Tania" wielding a machine gun during a roberry; the LAPD engaged in the largest police shoot-out in American history; the first breaking news event was broadcast live on telelvision stations across the country; and then there was Patty's circuslike trial, filled with theatrical courtroom confrontations and a dramatic last-minute reversal, after which the term "Stockholm syndrome" entered the lexicon. Ultimately, the saga highlighted a decade in which America seemed to be suffering a collective nervous breakdown. American Heiress portrays the electrifying lunacy of the time and the toxic mic of sex, politics, and violence that swept up Patty Hearst and captivated the nation.

America's Unwritten Constitution

The Precedents and Principles We Live by

Author: Akhil Reed Amar

Publisher: Basic Books (AZ)

ISBN: 0465029574

Category: History

Page: 615

View: 6178

A renowned constitutional scholar explores the little-understood relationship between the written Constitution and the many external factors that shape our interpretations of this foundational document.

In the Balance: Law and Politics on the Roberts Court

Author: Mark Tushnet

Publisher: W. W. Norton & Company

ISBN: 0393241432

Category: Law

Page: 352

View: 8916

An examination of the initial years of the Roberts Court and the intellectual battle between Roberts and Kagan for leadership. When John Roberts was appointed chief justice of the Supreme Court, he said he would act as an umpire. Instead, his Court is reshaping legal precedent through decisions unmistakably—though not always predictably—determined by politics as much as by law, on a Court almost perfectly politically divided. Harvard Law School professor and constitutional law expert Mark Tushnet clarifies the lines of conflict and what is at stake on the Supreme Court as it hangs “in the balance” between its conservatives and its liberals. Clear and deeply knowledgeable on both points of law and the Court’s key players, Tushnet offers a nuanced and surprising examination of the initial years of the Roberts Court. Covering the legal philosophies that have informed decisions on major cases such as the Affordable Care Act, the political structures behind Court appointments, and the face-off between John Roberts and Elena Kagan for intellectual dominance of the Court, In the Balance is a must-read for anyone looking for fresh insight into the Court’s impact on the everyday lives of Americans.

The Case Against the Supreme Court

Author: Erwin Chemerinsky

Publisher: Penguin Books

ISBN: 0143128000

Category: History

Page: 400

View: 5736

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court's historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

Before the Oath

How George W. Bush and Barack Obama Managed a Transfer of Power

Author: Martha Joynt Kumar

Publisher: JHU Press

ISBN: 142141659X

Category: History

Page: 336

View: 5299

"Having watched from a front row seat as many incumbent and electoral campaign presidential teams managed administration transitions, Martha Kumar was struck by how productively the Bush and Obama teams worked together to effect a smooth transition of power in 2008. She has reflected upon what made the transition so effective, and wonders if it could be a model for future incoming and outgoing administrations. This book focuses on the preparations made by President Bush's transition team as well as those by Senators Obama and McCain as one administration exited and the other entered the White House. Using this recent transition as a lens through which to examine the presidential transition process, Kumar simultaneously outlines the congressional legislation that paved the way for this distinctive transition and interweaves comparative examples from previous administrative transitions going back to Truman-to-Eisenhower. She evaluates the early and continuing actions by the General Services Administration to plan and set up transition offices; the work on financial disclosure issues handled by the Office of Government Ethics; and the Office of Management and Budget's preparatory work. In this fascinating historical and contemporary vivisection of presidential transitions, Kumar maps out, in the words of former NSA advisor General James L. Jones, the characteristics of a smooth "glide path" for presidential campaign staffs and their administrations"--

Supreme Power: Franklin Roosevelt vs. the Supreme Court

Author: Jeff Shesol

Publisher: W. W. Norton & Company

ISBN: 9780393079418

Category: History

Page: 512

View: 7936

"A stunning work of history."—Doris Kearns Goodwin, author of No Ordinary Time and Team of Rivals Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices—and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.

The Brethren

Inside the Supreme Court

Author: Bob Woodward,Scott Armstrong

Publisher: Simon and Schuster

ISBN: 1439126348

Category: Political Science

Page: 592

View: 2911

The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.

The Oath: The Obama White House and the Supreme Court

Author: Jeffrey Toobin

Publisher: Ottawa

ISBN: N.A

Category:

Page: N.A

View: 9238

From the prizewinning author of The Nine, a gripping insider's account of the momentous ideological war between the John Roberts Supreme Court and the Obama administration. From the moment John Roberts, the chief justice of the United States, blundered through the Oath of Office at Barack Obama's inauguration, the relationship between the Supreme Court and the White House has been confrontational. Both men are young, brilliant, charismatic, charming, determined to change the course of the nation—and completely at odds on almost every major constitutional issue. One is radical; one essentially conservative. The surprise is that Obama is the conservative—a believer in incremental change, compromise, and pragmatism over ideology. Roberts—and his allies on the Court—seek to overturn decades of precedent: in short, to undo the ultimate victory FDR achieved in the New Deal. This ideological war will crescendo during the 2011-2012 term, in which several landmark cases are on the Court's docket—most crucially, a challenge to Obama's controversial health-care legislation. With four new justices joining the Court in just five years, including Obama's appointees Sonia Sotomayor and Elena Kagan, this is a dramatically—and historically—different Supreme Court, playing for the highest of stakes. No one is better positioned to chronicle this dramatic tale than Jeffrey Toobin, whose prize-winning bestseller The Nine laid bare the inner workings and conflicts of the Court in meticulous and entertaining detail. As the nation prepares to vote for President in 2012, the future of the Supreme Court will also be on the ballot. Amazon.com Review A Letter from the Author Think John Roberts has discovered his inner moderate? Don’t bet on it. It is true, of course, that Chief Justice Roberts’s vote in the health-care case saved the Affordable Care Act – and perhaps Barack Obama’s presidency as well. At the end of the Supreme Court’s last term, Roberts joined with the Court’s four liberals – Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan – to uphold the constitutionality of the health-care reform law. It was the first time ever that the Chief joined with the liberal quartet in a major case. It’s also probably the last. Roberts has the advantage of a long-term perspective. At fifty-seven years old, Roberts will likely still be Chief Justice when Sasha and Malia Obama become eligible to succeed their father in the White House. Roberts’s decision in the health-care case reflected his understanding of his place in the history of the Court. In terms of public attention, the health-care case – known as National Federation of Independent Business v. Sebelius – formed a trilogy with Bush v. Gore (2000) and Citizens United v. Federal Election Commission (2010). In those first two cases, five Republican appointees to the Court rendered decisions which provided dramatic benefits to the Republican Party – the first, by installing George W. Bush as president, and the second, by creating a campaign finance system that favors the GOP. In the health-care case, Roberts had to ask himself whether the five Republicans on the Court were going to destroy the central achievement of a Democratic president. Roberts chose not to go that far. His Republican allies, Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito, overplayed their hand. They sought to invalidate the law it its entirety, not just the controversial individual mandate. If Roberts had joined them, the Chief would have stirred volcanic partisan outrage and placed the Supreme Court at the center of the 2012 election. Instead, he chose a novel ground – Congress’s constitutional power to levy taxes – to uphold the law. He established new limits on the Commerce Clause, which is usually the principal means for Congress to regulate the economy. He advanced the conservative cause in the long run by disappointing conservatives in the short run. Chief Justice Roberts also gave himself a political free hand for the foreseeable future. He can be as conservative as he likes and he has insulated himself from criticism for partisanship. That will be important – soon. The Court will likely consider several politically incendiary issues in its 2012-13 term. May universities use race as a consideration in admissions, as Justice Sandra Day O’Connor said they could, in a famous decision from 2003? Does the Voting Rights Act of 1965 discriminate against white voters and legislators in southern states? Does the Defense of Marriage Act discriminate unlawfully against gay people? And – most dramatically of all – does the constitution include a right to same-sex marriage? Look for Roberts to lead the conservative side on all of these issues. For the next year, and many more, the Chief Justice’s vote in the health-care case will be seen as the great aberration of his judicial career. From Booklist Starred Review From the awkward swearing-in of President Obama by Chief Justice Roberts to Obama’s caustic reaction to the Citizens United ruling to Roberts’ support of Obama’s health-care law, the tumultuous relationship between the administration and the Supreme Court has been increasingly evident. Both Harvard-educated lawyers, Obama and Roberts are known for their charm and intelligence, but their very different political perspectives have promised friction from the beginning, particularly as changes in the composition of the court resonate with the changes in national politics. Legal analyst Toobin offers a vivid inside look at the personalities and politics behind the fractious relationship. Roberts’ honeymoon lasted 12 months before the fault lines in the court cracked along ideological lines, with conservatives disappointed in his attempts at equanimity and liberals distrustful of his behind-the-scenes maneuverings. Toobin details the politics behind decisions about what cases even get heard as well as the procedural strategies that affect the final rulings. Among the highlights: Ginsburg’s scathing dissent on a ruling against a claim of pay disparity, in which she urged congressional action; Souter’s caustic dissent in Citizens United that questioned Roberts’ integrity; and Scalia’s bitter disappointment in Roberts’ decision on the health-care law. A revealing look at the ideological battle between the White House and the Supreme Court. HIGH-DEMAND BACKSTORY: The best-selling author of The Nine (2007) revisits the Supreme Court in a timely book that is sure to draw plenty of interest during the election season. --Vanessa Bush