Tell me about SCOTUS
My interest in the Supreme Court was rekindled recently when I learned just prior to his retirement announcement that Justice David Souter writes his opinions with a fountain pen, just as I’m presently writing this review (the first draft, anyhow.) It’s a trivial detail, but it motivated me to seek more information about the Justice.
I browsed Books Ink, the store occupied by the space where A Clean Well-Lighted Place For Books used to be. They did not have the book I was looking for, David Hackett Souter: Traditional Republican on the Rehnquist Court by Tinsley E Yarbrough, but I kept poking around until I stumbled across Jeffrey Toobin’s The Nine: Inside the Secret World of the Supreme Court.
The Nine is a bit lighter than the book I was looking for, and quite a bit more general. For a casual read, it had a reasonable amount of substance. I detected a bit of sympathy for one political persuasion over the other, but overall I found it to be evenhanded. Facts are facts, and Toobin’s leanings colored only some of the interpretation. The events as well as the motivations of the Justices are essentially the result of research, and Toobin did his homework well and mostly kept the book evenhanded.
One example of his evenhandedness is that his portrayal of Justice Clarence Thomas as a person was much more sympathetic than any other I’ve encountered. Far from any attempt to promote a point of view by the inclusion of personality traits and controversy, Toobin instead relates the controversial events without judgment. He reports the events and shows how the Justices’ backgrounds and beliefs gave rise to controversy and conflict, and allows the natural drama to unfold.
Toobin’s style is a bit on the transparent side, probably a good thing for this kind of book. It’s possibly what saves it from being ruined by his own prejudices; he rarely gives himself room to let his writing betray his own opinions. At the same time, this style robs The Nine of some of the personality it could have. It is a fairly engaging read, but there is very little of the author’s voice apparent. The result is a book with a lot of interesting information that remainsas a booksomewhat forgettable. Still, Toobin doesn’t need to do much to make this material engaging.
My only real disappointment with The Nine is that the book covers only the last few decades. I had hoped to read more about the traditions of the Court before current times. There is only a little background information about the Court before the 1980s. There is plenty of material to cover in the last three decades, but I suspect greater context would have helped.
It would be outside the scope of a book like this, but some of the cases really left me wanting more detail. I don’t think the book would have been improved much by adding a lot more depth, but I may well be consulting Toobin’s bibliography for additions to my reading list.
Souter’s pen is an Esterbrook. You won’t find that in The NineI will keep my source on this confidential.