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 Location:  Home » The Supreme Court » Purple Politics » Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme CourtJanuary 7, 2009  
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Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court
Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court
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Author: Jan Crawford Greenburg
Publisher: Penguin (Non-Classics)
Category: Book

List Price: $16.00
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Avg. Customer Rating: 4.0 out of 5 stars(55 reviews)
Sales Rank: 36696

Languages: English (Original Language), English (Unknown), English (Published)
Media: Paperback
Number Of Items: 1
Pages: 368
Shipping Weight (lbs): 0.7
Dimensions (in): 8.3 x 5.5 x 0.9

ISBN: 0143113046
Dewey Decimal Number: 320
EAN: 9780143113041
ASIN: 0143113046

Publication Date: January 29, 2008
Availability: Usually ships in 1-2 business days

Editorial Reviews:

Product Description
Drawing on unprecedented acc ess to the Supreme Court justices themselves and their inner circles, acclaimed ABC News legal correspondent Jan Crawford Greenburg offers an explosive newsbreaking account of one of the most momentous political watersheds in American history. From the series of Republican nominations that proved deeply frustrating to conservatives to the decades of bruising battles that led to the rise of Justices Roberts and Alito, this is the authoritative story of the conservative effort to shift the direction of the high court?a revelatory look at one of the central fronts of America?s culture wars by one of the most widely respected experts on the subject.

Amazon.com Review
With its closed chambers and formal language, the Supreme Court tends to deflect drama away from its vastly powerful proceedings. But its mysteries hold plenty of intrigue for anyone with the access to uncover them. In Supreme Conflict, Jan Crawford Greenburg has that access, and then some. With high-placed sourcing that would make Bob Woodward proud, she tells the story of the Court's recent decades and of the often-thwarted attempts by three conservative presidents to remake the Court in their image. Among the revelations are the surprising influence of the most-maligned justice, Clarence Thomas, and the political impact of personal relations among these nine very human colleagues-for-life. Written for everyday readers rather than legal scholars, her account sidesteps theoretical subtleties for a compelling story of the personalities who breathe life into our laws. --Tom Nissley

Crawford graduated from the University of Chicago Law School, and was a legal affairs reporter for the Chicago Tribune and Supreme Court correspondent for PBS's NewsHour before becoming the legal correspondent for ABC News. We had the chance to ask her a few questions about Supreme Conflict:

Questions for Jan Crawford Greenburg

Jan Crawford GreenburgAmazon.com: How hard was it to get the access to justices and clerks that you had for this book? Does the culture of the Court promote that kind of openness about their deliberations?

Jan Crawford Greenburg: Hard! And let me tell you it took some time--they weren't flinging open the doors of their chambers for the first few years I was covering the Court. It takes awhile to build relationships and trust, and I was fortunate enough to do that during the dozen years I've been covering the Supreme Court. As for openness, I think the culture of the Court instead promotes anonymity and privacy. The justices aren't like the people across the street in Congress, or down Pennsylvania Avenue in the White House. They don't hold press conferences or solicit media coverage of their views. They speak through their opinions. I was fortunate that they also chose to speak with me for this important book about the direction of the Supreme Court and its role in our lives.

Amazon.com: Harry Blackmun's notes must be a treasure chest for Court historians. Could you describe what you found there?

Greenburg: A treasure chest is an understatement. Harry Blackmun took extraordinarily detailed notes--almost breathtaking in their scope and level of detail. (He would even write down what lawyers were wearing when they'd appear in Court to argue a case.) He recorded the justices' comments during their private conferences--when they discuss cases--and he took down their votes. And he kept all the key memos and letters that the justices would send back and forth when they were discussing a case. It was a tremendous window into the Court's inner sanctum, during some of the most pivotal years for the institution.

Amazon.com: One of the biggest revelations of your book is your characterization of Clarence Thomas as far more influential, even in his first year on the Court, than he's usually given credit for. Could you describe what his role on the Court has been?

Greenburg: Clarence Thomas has been the most maligned justice in modern history--and also the most misunderstood and mischaracterized. I found conclusive evidence that far from being Antonin Scalia's intellectual understudy, Thomas has had a substantial role in shaping the direction of the Court--from his very first week on the bench. The early storyline on Thomas was that he was just following Scalia's direction, or as one columnist at the time wrote, "Thomas Walks in Scalia's Shoes." That is patently false, as the documents and notes in the Blackmun papers unquestionably show. If any justice was changing his vote to join the other that first year, it was Scalia joining Thomas, not the other way around. But his clear and forceful views affected the Court in unexpected ways. Although he shored up conservative positions, his opinions also caused moderate Justice Sandra Day O'Connor to back away and join the justices on the Left.

Amazon.com: Not every Supreme Court confirmation is a battle, even when the Senate and the President are from different parties. What separates the candidates who sail through from the ones who get put through the wringer?

Greenburg: The recent appointment of Samuel Alito shows a justice with a clearly conservative record can get confirmed--and even pick up some votes from Democrats. Maybe the secret is developing a reputation as a fair and nonpartisan judge on a federal appeals court. At his hearings, liberal and conservative judges who had worked with him on the appeals court testified in his behalf, as did his law clerks--some of whom were self-identified liberals. Alito was the conservative counterpart to Clinton nominee Ruth Bader Ginsburg. She had been an outspoken advocate for liberal causes (including the ACLU), but she'd developed a reputation as a fair and thoughtful judge on the federal appeals court, garnering respect from both sides.

Amazon.com: How much do Americans know about how their federal courts work? What should they know?

Greenburg: Most Americans, understandably, think about trials and drama when the issue of the courts is raised. But the appeals courts--and the Supreme Court--remain mysterious, even though those courts have an enormous impact on American life. The judiciary is one of the three branches of government, but its decisions take on outsized importance at times. It can provide a vital check against abuse of individual rights by government--but it also can usurp the role of the people when it reaches out and takes on issues that more appropriately belong in the purview of the other branches.

Amazon.com: Even though you show how our expectations for where new members will take the Court are so often wrong, I'll ask you anyway: What do you expect in the next few years from the Roberts Court?

Greenburg: To be more conservative than the one led by Chief Justice William Rehnquist. John Roberts himself is a solid judicial conservative who believes the Court has too often taken on issues that belong in the realm of elected legislatures. He is advocating a more restrained approach, with greater consensus among the justices. In addition, Justice Alito replaced key swing-voter Sandra Day O'Connor, the Court's first female justice. O'Connor's vote often carried the day on the closely divided Court--and she typically sided with liberals on social issues like abortion, affirmative action, and religion. Alito is more conservative, and I expect to see the Court turn to the right on those and other issues.




Customer Reviews:   Read 50 more reviews...

5 out of 5 stars INFORMATION AND ENLIGHTENMENT   December 21, 2008
THIS BOOK IS AN EXCELLENT READ FOR THE LEGAL MIND.THE CONSIDERATIONS AND ACCESS TO THE HISTORY OF THE SUPREME COURT ARE UNCOMMON.JAN DID AN ARTFUL JOB OF MANAGING OBJECTIVE VIEWS OF HOTLY DEBATED ISSUSES OF THE DAY. HOW ABOUT THE CONTREVERSY OF THE FIRST WOMAN TO SERVE ON THE COURT. FURTHER,HER ANALYTIC THINKING OF JUSTICE THOMAS GIVES THE READER REALISMS BEYOND THE MEDIA HYPE.GIVEN THE COMPLEX DIVERSITY OF LEGAL PHILOSOPHY AND OPINIONS ON THE SUPREME COURT (NOT TO MENTION OUTSIDE FORCES) SHE ALSO MADE THE BOOK A REWARDING READ. SUCH A TEXT IS AN EMPIRICAL ACCOUNT OF A "BYZANTINE" SUBJECT WITHOUT BEING VERBOSE.


4 out of 5 stars More soap opera than legal analysis, but gripping   November 14, 2008
  1 out of 1 found this review helpful

Fine popular account of the jostlings, jarrings, and jealousies behind the marble pillars. The reader will discover--mirable dictu!--that the justices and the politicians who put them in place are filled with human sensibilities and foibles.

Greenburg mastered the Woodward techinque of badgering everyone for solo interviews so that each feels they must talk to her in order to cover their, um, flank. Astonishingly, she got nine justices to give interviews, only two (O'Connor and Kennedy) on the record. She also made much use of Justice Blackman's papers which, it seems, contained the internal case memos circulated by the justices.

Three-quarters of the book is an insider account of the selections and confirmations. We learn, for example, that Reagan made a tactical mistake in nominating Scalia before Bork.

Reagan was at the height of his popularity when the first vacancy (after O'Connor) came up. He did not need that muscle to get the prickly but brilliant and affable Scalia (the first Italian-American nominee) confirmed. By the time the second vacancy came, Reagan was beseiged by Iran-Contra, his popularity waning, his Senate majority diminished. The brilliant but haughty Bork ran into a public-relations ambush. Reagan and his people scrambled to put up Douglas Ginsburg, who was done in by youthful marijuana use. Only after this double debacle did Reagan settle for Anthony Kennedy, almost no one's preferred candidate. The error was historically decisive. With the malleable Kennedy in place rather than the steely Bork, the conservatives never consolidated a reliable majority.

Greenburg explains why conservatives were so sharply split on the nomination of Harriet Miers. There are two varieties of conservative in this arena, she explains: "social conservatives" who want to be sure the candidate reaches the "right" result on abortion, affirmative action, and marriage; and "judicial conservatives", who look for a committment to constitutional originalism, and are appalled at the idea of a "right" outcome in any kind of case. When Bush signaled that Miers woud be "right" on the social issues, the judicial conservatives were offended, and it triggered their open revolt.

Disappointingly, only a small part of the book goes into the conference room to reveal the case deliberations. The debates are presented more to illluminate personal dynamics than legal substance.

The biggest revelations concern the advent of Justice Thomas. First, Greenburg disposes of the myth that Thomas was Scalia's puppet. From the start, he went his own way, and more often it was Scalia who changed his vote than the other way round. Contrary to the public perception, Thomas was a forceful conservative voice in the deliberations. The effect was to move O'Connor and later Kennedy, who had initially been reliable conservatives, to the left. Perversely, therefore, Thomas's replacement of the liberal Thurgood Marshall shifted the court leftward.

Greenburg's writing is smooth and crisp and often delightfully vivid (Democratic Senators' efforts to rile the easygoing Sam Alito "was like trying to strike a match off a smooth surface"; by the end of Roberts' and Alito's first year, the outmanned liberal justices were relegated to "shouting from the sidelines that the umpire blew the call").

If you want to know Greenburg's political bias, you will not discern it in this book, which is refreshing. And you don't have to be a lawyer to become absorbed in her narrative. As for the justices themselves and those who aspire to join them, "time and chance happeneth to them all."





3 out of 5 stars WARNING: CONSERVATIVE BIAS; but still an informative read.   August 10, 2008
  6 out of 6 found this review helpful

I'm a second-year JD/MBA student at one of the nation's best law and business schools, and I picked up on the conservative bias in the book by about 50 pages in.

I have three reasons so far for saying the book is biased in favor of the right. The book sets out to portray the court's shift rightward, first of all, and focuses on conservative justices, sources of information, and issues.

Second, liberals are usually not mentioned for long, and Greenburg takes care to point out personality flaws in the liberals more than the conservatives. Blackmun, for example, is described as "touchy" at one point for no reason, without it being relevant to the topic, and without Greenburg providing a supporting quotation or evidence. She also spends a lot of time on how big of a disappointment justices like Kennedy, Souter, Blackmun, etc. turned out to be, and even talks about Rehnquist failing to turn the Court sufficiently rightward. Greenburg is supposedly an impartial journalist, but her bias is revealed because of the book's heavy reliance on conservative sources of information.

Thirdly, the book casts Kennedy and O'Connor as "moderates," when both were/have been/are solid conservative votes, except for some high-profile cases on social issues. If you don't believe me, just look up vote counts and see how often Kennedy and O'Connor vote and voted with Rehnquist and company. The only people who would try to label O'Connor and Kennedy moderates would be staunch conservatives, in order to shift the perceived spectrum of American politics rightwards.

This is a book by what I figured must have been a conservative, and my research corroborates it. I'm not saying the book is bad or anything; it still provides a lot of insight into conservative thinking. For example, it gives illuminating looks into the workings of the Justice Department in aiding nomination processes.

--------------------

UPDATE: I finished the book, and my view of it as being biased in favor of the right is cemented. Greenburg spent two pages on each of Clinton's nominees to the court; the vast majority of the book is spent on conservatives. The justices on Rehnquist's court are criticized heavily for failing to stop the "liberal agenda." I could go on.



3 out of 5 stars Interesting stories spoiled by partisan slant   June 16, 2008
  5 out of 6 found this review helpful

The stories of how the Justices were selected, who else was considered, who made the decisions and how are fascinating. In particular the story of John Roberts is something anyone can relate to if you've had a 'dream job' that you've been close to getting.
The author clearly has much better connections with Republicans than Democrats, as evidenced by the thin coverage of Clinton's appointments. She repays her Republican assistants by employing terminology used only by the most extreme anti-abortion zealots, and by praising Justices like Scalia and Thomas as defenders of the Constitution, then vilifying Justices like Ginsburg or Souter for their adherence to the Constitution's first and fourth ammendments.
Still a great read, and I wish I could read another version of it with a leftward bias to balance this one out.



4 out of 5 stars The Politics Of Justice   January 5, 2008
  1 out of 3 found this review helpful

As my first read on the topic, I found this book extremely captivating, enjoyable to read, and leaving me with wanting more knowledge on the Supreme Court and Constitutional Law, particularly the opinions on some of the more noted cases of the last century. The author seemed to be rather fair and balanced but certainly the focus was more on the conservative nominations and justices. I would have liked to learn more about Ginsburg and Souter's personal and professional lives. The final notes make mention that this work is based on over one hundred interviews including nine supreme court justices, many of their law clerks, and high ranking officials from the White House to federal appeals court judges. Crawford also noted that the book relied heavily on the papers of Justices Marshall and Blackmun. Along with this extensive research and the authors academic and professional background, I believe that this book is a credible source of information. While the focus is on the struggles and conficts surrounding the nominations of the Supreme Court Justices over the past 25 years, the book particularly keys in to the nominations, hearing, and backgrounds of the more conservative justices and most recently, the important nominations of John Roberts and Samuel Alito that may prove pivotal in changing the direction of the Supreme Court to a more limited role of interpreting law rather than creating it. The political and ideological battles that surround the nominations is quite interesting as the expectations and the stakes involved have become politically and ideologically crucial. Further, the fear and skepticism that a supreme court justice will change his/her opinions once sworn in has become a relevant factor worth vetting the candidates for in a more extreme and embattled fashion than ever. All this makes for extremely good reading.

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