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The Nine: Inside the Secret World of the Supreme Court

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Audible Audiobook

Listening Length: 15 hours and 50 minutes

Program Type: Audiobook

Version: Unabridged

Publisher: Books on Tape

Audible.com Release Date: September 26, 2007

Whispersync for Voice: Ready

Language: English, English

ASIN: B000WM9UHK

Amazon Best Sellers Rank:

Toobin's book covers the history of the US Supreme Court from the summer of 1991 through the spring of 2007. Throughout his work, he provides biographical information of the Nine (Rehnquist, Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, Breyer), plus the most recent two (Roberts & Alito). Toobin interviewed all 11 justices, as well as a number of former law clerks, journalists and numerous others involved in the courts and politics. The two major themes that run throughout the 340 pages are (1) the push and pull between the conservatives and the liberals on the court and (2) the evolution of the jurisprudence of a number of the justices (especially O'Connor and Kennedy).After a stinging defeat in Thornburgh v. American College of Obstetricians and Gynecologists (a Pennsylvania law which attempted to restrict abortions) in 1985, the Reagan Administration and conservatives had an epiphany: "they didn't need better arguments; they just needed new justices" (17).Christian conservatives began to increase their power within the GOP in the 1980's (led by men like James Dobson, Jerry Falwell and Pat Robertson). By 1990, their stated goals included the following: "Reverse Roe. Expand executive power. Speed executions. Welcome religion into the public sphere. Return the Constitution from its exile since the New Deal" (272).Clarence Thomas was nominated to replace Thurgood Marshall during the summer of 1991. Even though George H.W. Bush and Thomas expressed their opposition to affirmative action, Thomas clearly was the beneficiary of it. Marshall's negative view of Thomas is captured vividly in chapter 2, as is the battle between Anita Hill and Thomas during his confirmation hearings in October, 1991.Rehnquist ran the court very differently than Burger. This is how he ran the court's conferences: (1) he would summarize the case and state his position; (2) justices would do the same in order of seniority; (3) no one spoke twice until everyone spoke once; (4) no one received a writing assignment until he/she had finished the previous one; (5) every justice had an assignment before someone was given a second; and (6) the senior justice on the majority gave the assignment, as did the senior justice on the minority.Despite being a popular and efficient Chief Justice, even Rehnquist knew that the court truly belonged to Sandra Day O'Connor. In the 1992 abortion case Planned Parenthood of Southeastern Pennsylvania v. Robert P. Casey, O'Connor wrote that state restrictions on abortion procedures could be upheld as long as they don't cause an undue burden. Her term of "undue burden" would redefine Roe and helped guarantee women's autonomy and health (58-59).Toobin devotes over 40 pages to Bush v. Gore and the problems with the votes in Florida. The roles of the Florida legislature, the Florida Supreme Court and the Supreme Court (all three appeared to be biased) are detailed and contrasted against each other.We learn about Stephen Breyer's increasing influence on the court (128) and Anthony Kennedy's movement to the left based on his contact with judges and legal scholars from around the world (182). Kennedy gave the majority opinion in the Lawrence vs. Texas (2003) case, which struck down laws that seek to inhibit homosexual relations between two consenting adults within their home (189-190).The Michigan Cases in 2003 about race and admissions in college and law school are described in chapters 16 and 17. The court's ruling against the Bush administration about Gitmo is dealt with in chapters 18 and 19.Part Four of the book focuses on the nominations of Roberts and Alito. Special attention is devoted to the savaging of Alberto Gonzalez (who was only rumored to be a potential nominee) and Harriet Miers (who was nominated in the summer of 2005) by Christian Conservatives, who believed that neither Gonzalez nor Miers were ideologically strong enough to merit a seat on the court (it is eerily reminiscent of some scenes from 1984).The book finishes with Breyer's role in two religious cases in 2005(regarding public displays of religious works in government buildings) and Ginsburg's scathing dissent (a rarity) regarding the 2007 Ledbetter v. Goodyear Tire & Rubber Company (the ruling stated that a woman must file within 180 days of being discriminated against in the workplace in regards to pay - Ginsburg stated that it might be years before a woman realized that she had been the victim of an unfair system).It is an exceptionally well-written book and a joy to read.

This is a heavily abridged audio version of Toobin's longer published book. I enjoy Toobin on CNN a great deal; his reporting is even-handed, "lawyer-ly" (in a good sense) and very smart, in general. This book follows much the same pattern. Toobin is not extreme, and he is not rabidly political. If you want a solid work on the background of the Supreme Court, this is it. One caveat however, regarding this audio book: it is a much shortened edition of the real book, and I was very disappointed when I discovered that, in that much of the legal analysis has been dropped in favor of narrative. I regret that, as I regard Toobin as a real smart guy, from whom I can learn a great deal. Still, this audio book is a good start; the book is even better.

Writer does a very reasonable job in researching the topic, sees the Court as political--which it often is. He reaches for conclusions of "good" Democrats--"bad" Republicans when evaluating Kennedy decisions or opining on the basis for O'Connor rulings and her conclusions--which I doubt she ever spoke or wrote. You probably need to balance this slant on history with a more thorough reading of the Court's actual activity and some of O'Connor's writings. I expect the Judges would all consider themselves more intellectually grounded than Mr. Toobin gives credit. Over the last three decades the Court's decisions have been chronicled as more political, a trend it is hard to evaluate but Mr. Toobin assures us he has done so fairly...I and others don't remember history as he frames it in a number of sequences. I expect those leaning to the Democratic side of the isle will find his book entertaining and consistent with their reality. Perhaps they can explain why the Court's conservative majority did not overwhelmingly make all decisions on a political basis. Mr. Toobin does not create his data, and he does not misinterpret his facts--he just draws somewhat biased or unfounded conclusions. Good background info.

There is no doubt that Toobin has a gift for writing history with the average reader in mind. The Nine is both entertaining and educational, recounting the history of the Burger, Rheinquist and Roberts Courts. The book focuses separately on the political decisions and drama that lead to the composition of the Court, and the landmark cases of interest to the general public. Most striking is the recounting of "inside information" happening within the Justices' chambers during these historic moments.This book was not written for appellate lawyers, and does not dwell on little-known cases with (arguably) more legal importance than Roe v. Wade etc. But Toobin's aim is not to recant important case law, but to draw focus to the human actors and the way in which they made decisions affecting millions of Americans. He achieves this, and gives readers a privileged view into the most secretive branch of the US government.I do wish that Toobin had taken a more tempered approach to looking at the Supreme Court. When only focusing on contentious cases, one can walk away with a very jaded view of the good work the Justices do. To wit, a major element of the book is a narrative of a seedy conservative plot to take over the Court. While the Court has no doubt drifted right, Toobin's panic can seep through in off putting ways. Unfortunately, this is largely to do with the historical moment Toobin focuses on which is exclusively after the Warren Court. A reader interested in the politics of the Court would be wise to expand their inquiries to other sources, and other periods of Court history, and take Toobin's conclusions with a grain of salt.

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