Ken's Reviews > Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court

Justice on the Brink by Linda Greenhouse
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bookshelves: finished-in-2022, nonfiction, politics-society

Of the three branches of government, I know the least about the judiciary. It makes sense. For one, their work is highly detailed and all about "the law." For another, their work is mostly cloaked in secrecy.

This, then, is a helpful book to learn more about the Supreme Court, where it's been, and where it finds itself. Alarmingly, where it finds itself is in much the same place as the rest of the country. (Hint: It rhymes with "Trouble")

This has countless causes, chief of which is Trump's three appointments, helped along by Mitch McConnell, a man who history will remember as no friend to the Constitution or the United States he has pledged to serve and reneged on serving. (Sorry, Mitch, but serving party over country doesn't cut it.)

Personalities come to the fore in this book, but not in all nine cases. If there's a villain, it is not Thomas (more the eccentric, crackpot uncle upstairs, he) but Alito, a man who is pretty blatant about where he stands (set your GPS to 23 Fox "News" Lane).

Roberts has tried but failed to save the Court from evolving into Alito-style "partisans in robes" but, in his way, has himself contributed to the cause by working hard to undermine voting rights and giving religions preferential treatment.

In fact, under this 6-3 Conservative court, we are drifting back to a theocracy such as we had in Puritan New England. The Christian right has outdone itself bringing case after case after case to the court to lap up the new, preferential treatment that blows separation of church and state out of the water. Of course, despite its political activity, no religion is begging to lose its tax exemptions. (And this won't be the only example of irony you will come across.)

Gorsuch? He's the Ted Cruz of the Court, meaning he is little liked by any of his brethren. He relishes going after other justices -- especially Roberts -- in what can only be called, um, sarcastic dissents.

As for Kavanaugh, his opinions often wrestle with logic -- an opponent out of his opinion's weight class. In one case, Kavanaugh even contradicts his own opinion on a similar case earlier on. (Whoops.)

If there's a hero of the crew, it's Sotomayor. Eloquent, a spokesperson for the people -- especially minorities. The new right-heavy court seems to take special pleasure in finding ways to rule against the little guy.

As for Breyer, he's decided to follow Ginsburg's precedent and go for it. Not retire in this brief, shining chance, but to risk serving until he's had his fill or dies -- either of which is likely to occur under a Senate returned to Trumpublicans' graces. (That is, if voters decide to blame Democrats for the inconveniences they've had to countenance due to this pandemic, and there's every indication they will.)

*Editor's Note: Since this review, of course, Breyer did indeed, learn from Ginsburg error by retiring while Democrats held both the White House and the Senate. As poor Ruth found out, power is a difficult thing to give up once you've sipped the ambrosia, but alas, all it did in her case is shift power to the New Puritans of the Far Right.

For laymen like me, a very doable book by a capable writer who has been following the Court for decades. Revealing, is what it is. Sometimes in ways I wish it wasn't.
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Reading Progress

January 3, 2022 – Started Reading
January 3, 2022 – Shelved
January 3, 2022 –
page 24
7.14%
January 4, 2022 –
page 126
37.5% "If you had your doubts about the Supreme Court, you'll have that and more after reading this."
January 5, 2022 – Shelved as: finished-in-2022
January 5, 2022 – Shelved as: nonfiction
January 5, 2022 – Shelved as: politics-society
January 5, 2022 – Finished Reading

Comments Showing 1-18 of 18 (18 new)

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message 1: by Kathleen (new) - added it

Kathleen Oh, Ken. This is depressing. But I've added the book because, as much as I'd prefer to hide in my fiction reading, it's probably better to understand exactly how the world is falling apart. Knowledge is power--at least I hope it still is.


message 2: by Ken (new) - rated it 4 stars

Ken Kathleen wrote: "Oh, Ken. This is depressing. But I've added the book because, as much as I'd prefer to hide in my fiction reading, it's probably better to understand exactly how the world is falling apart. Knowled..."

I understand. It seems like all the breaks are falling the wrong way. T**** getting an opponent with so much baggage (Hillary), James Comey sealing the deal of doom, three openings on the Court during a sick man's four years.

It's almost as if the gods are punishing us.


message 3: by Cheri (new)

Cheri I share Kathleen's thoughts, Ken, there's a part of me that prefers not to think of these issues, but that's exactly how this began. No one believed that he would win to begin with, and yet... here we are. Excellent review!


Lorna Chilling but necessary review, Ken. This one has to go on the list. Thank you.


message 5: by Ken (new) - rated it 4 stars

Ken Cheri wrote: "I share Kathleen's thoughts, Ken, there's a part of me that prefers not to think of these issues, but that's exactly how this began. No one believed that he would win to begin with, and yet... here..."

Agreed, Cheri. Our days of sitting on the sideline are over. Have to be. We now realize we can't count on Congress or the Judiciary, either.


message 6: by Ken (new) - rated it 4 stars

Ken Lorna wrote: "Chilling but necessary review, Ken. This one has to go on the list. Thank you."

Thanks, Lorna. You'll like it, I think! But I'll wait and see...


message 7: by Kelly (new)

Kelly Ugh. I would love to read a book on the judicial branch but it’s just too soon for me to read about kavanaugh and barret. I tried reading Peril and had to stop cuz I just can’t deal with hearing more about the travesty that has become the Supreme Court.


I may store this one in the depths of my brain but cannot deign to add it to my “want to read” list yet.


message 8: by Susan (new)

Susan I would suggest y’all not believe everything you read from one source. In reality, Ginsburg should have been removed from the court for her expression of political views when the court is supposed to be a neutral, constitution following branch. Recently, one of your fav “liberal” judges lied about statistics (that the CDC confirmed were incorrect) to support her argument. There are more…


message 9: by Ken (new) - rated it 4 stars

Ken Kelly wrote: "Ugh. I would love to read a book on the judicial branch but it’s just too soon for me to read about kavanaugh and barret. I tried reading Peril and had to stop cuz I just can’t deal with hearing mo..."

When you get to it, Kelly. If you get to it. Very little is said of Kavanaugh's nomination in this book. There's a bigger focus on Barrett and the contrast with Ginsburg.


message 10: by Ken (new) - rated it 4 stars

Ken Sue wrote: "I would suggest y’all not believe everything you read from one source. In reality, Ginsburg should have been removed from the court for her expression of political views when the court is supposed ..."


I don't want to debate politics here really (for starters, I don't have a "fav liberal judge"), so I'll just defend Greenhouse with the number of years she has covered the Supreme Court and the fact that she was awarded a Pulitzer for that coverage. From Wikipedia:

"Greenhouse began her 40-year career at The New York Times covering state government in the paper's bureau in Albany.[2] After completing her master's degree on a Ford Foundation fellowship, she returned to the Times and covered 29 sessions of the Supreme Court from 1978 to 2007,[9] with the exception of two years during the mid-1980s during which she covered Congress.[7] Since 1981, she has published over 2,800 articles in the Times.[10] She has been a regular guest on the PBS program Washington Week.[11]
Linda Greenhouse (left) at the Phi Beta Kappa Book Awards Dinner in Washington, DC on December 7, 2018.

In 2008, Greenhouse accepted an offer from The Times for an early retirement at the end of the Supreme Court session in the summer of 2008.[12][13] Seven of the nine sitting Justices attended a goodbye party for Greenhouse on June 12, 2008.[13] She continues to blog for The Times in the "Opinionator" section.[14]

In 2010, Greenhouse and co-author Reva Siegel put out a book on the development of the abortion debate prior to the 1973 Supreme Court ruling on the subject: Before Roe v. Wade. This was largely a selection of primary documents, though with some commentary...

Greenhouse was awarded the Pulitzer Prize in Journalism (Beat Reporting) in 1998 "for her consistently illuminating coverage of the United States Supreme Court."[7] In 2004, she received the Goldsmith Career Award for Excellence in Journalism[17] and the John Chancellor Award for Excellence in Journalism.[18] She was a Radcliffe Institute Medal winner in 2006.[19]"

Thanks for weighing in, Sue! I like to think all good judges take each case on its merits and on precedence and that none are rubber stamps. I fear that's not really the case, but I like to think it!


Nancy Hudson Thank goodness Breyer retired.


message 12: by Ken (new) - rated it 4 stars

Ken Nancy wrote: "Thank goodness Breyer retired."

Agreed, though it's sad it has to be this way. The whole system surrounding Supreme Court nominations, hearings, and tenure needs to be overhauled.


message 13: by Blaine (new)

Blaine Because of the decisions of the Warren court on freedom of speech, desegregation, privacy and reproductive rights, those on the left and centre left have neglected the fact that for most of its history the US Supreme Court has been a deeply reactionary body, upholding the national hunting and recapture of slaves, "separate but equal" treatment of non-whites, invalidation of progressive labour laws, and declaring racial citizenship tests and concentration camps for Japanese citizens wholly constitutional.

I agree with Ken. Fundamental reform of the Supreme Court (along with the Senate and the Electoral College) will be necessary to preserve democracy.

And three cheers for Linda Greenhouse for her long career of excellent, accessible legal reporting.


message 14: by [deleted user] (new)

Ken - excellent review. I remember trading years ago that Judge Learned Hand referred to the Supreme Court in his day (1940’s & early ‘50’s) as “the nine chalices of the holy effluvium”. It might be an apocryphal attribution, but I believe it is an accurate description. The *Dobbs* opinion is raw political bias, the *Plessy v. Ferguson” of our time. (It always slays me to hear “conservatives” rail against the “judicial activism” of “liberal” courts. Hypocrisy, anyone?) I don’t know how you “reform” a constitutional branch of government like the Supremes without are amending Article III. As long as these “justices” are picked by presidents, and ratified by the Senate, you’re never going to flush political “bias” from the bench. And when you have nominees who flat-out lie in their confirmation hearings, and aren’t called to account for it for their deceit, well…you tell me. By the way, Buster Brown is having a sale on jackboots. Buy yourself a couple of pairs.


message 15: by Petra X (new)

Petra X That was a very interesting review of a book I hadn't heard of, thank you. I'm not an American and so not partisan, like you, more into issues, so I don't agree with all you say, but I did enjoy reading the review and will probably get the book. I was a great fan of RBG.


message 16: by Ken (new) - rated it 4 stars

Ken Ben wrote: "Because of the decisions of the Warren court on freedom of speech, desegregation, privacy and reproductive rights, those on the left and centre left have neglected the fact that for most of its his..."

Great points, Ben. The "Partisans in Robes" bit is nothing new.


message 17: by Ken (new) - rated it 4 stars

Ken Jay wrote: "Ken - excellent review. I remember trading years ago that Judge Learned Hand referred to the Supreme Court in his day (1940’s & early ‘50’s) as “the nine chalices of the holy effluvium”. It might b..."

Oh, man. Those boots! And in today's news, we hear of a mole in Germany's spy apparatus, one that's been feeding the Russkies all manner of intelligence.

There's so much irony in the air these days, both domestic and foreign, it's a wonder we can breathe!


message 18: by Ken (new) - rated it 4 stars

Ken Petra -spoiled for choice & making the most of it wrote: "That was a very interesting review of a book I hadn't heard of, thank you. I'm not an American and so not partisan, like you, more into issues, so I don't agree with all you say, but I did enjoy re..."

Fair enough. and I think, if you do read it, you'll agree that Linda Greenhouse is a talented and knowledgeable writer.


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