A deeply informed analysis of judicial history.
An esteemed jurist assesses the limitations of textualism.
Breyer, who retired in 2022 after 28 years on the U.S. Supreme Court, offers a cogent explanation of judicial reasoning, focusing particularly on the difference between textualism—now dominating the current Court—and pragmatism, which is his guiding principle. In making decisions, all judges consider “text, history, precedent, tradition, purposes, values, and consequences.” Textualists, though, “ask the judge to look, almost exclusively, to language. And their main point is that statutory (or constitutional) words mean what a reasonable person would have taken them to mean at the time they were written.” Breyer, however, sees this perspective as myopic. “Without ignoring the text,” he explains, “I normally put more weight on the statute’s purposes and the consequences to which a particular interpretation will likely lead. I will sometimes ask how a (hypothetical) ‘reasonable legislator’ would have interpreted the statute in light of its purposes.” He also considers “how those affected by the decision will react.” The author carefully examines many cases throughout the Court’s history, including Dobbs, which overturned Roe v. Wade, and cases for which he wrote the dissenting view. He argues persuasively that overruling earlier precedent can lead to chaos, because in departing from settled law, “the court could look at all previous decisions.” Breyer’s patient explanation of cases reveals the intricacies of judicial decision-making, even for textualists, who focus on the “highly complex” wording of the Constitution. Although he argues persuasively against textualism, he is reluctant to foresee a paradigm shift toward textualism incited by the present Court. Cautiously optimistic, he predicts that with time and experience, the new Court judges will realize the limitations of this approach and understand that “the ultimate object of law is to allow human beings to live peacefully and prosperously together in communities.”
A deeply informed analysis of judicial history.Pub Date: March 26, 2024
ISBN: 9781668021538
Page Count: 368
Publisher: Simon & Schuster
Review Posted Online: Jan. 25, 2024
Kirkus Reviews Issue: March 1, 2024
BOOK REVIEW
BOOK REVIEW
An important dialogue at a fraught time, emphasizing mutual candor, curiosity, and respect.
Two bestselling authors engage in an enlightening back-and-forth about Jewishness and antisemitism.
Acho, author of Uncomfortable Conversations With a Black Man, and Tishby, author of Israel: A Simple Guide to the Most Misunderstood Country on Earth, discuss many of the searing issues for Jews today, delving into whether Jewishness is a religion, culture, ethnicity, or community—or all of the above. As Tishby points out, unlike in Christianity, one can be comfortably atheist and still be considered a Jew. She defines Judaism as a “big tent” religion with four main elements: religion, peoplehood, nationhood, and the idea of tikkun olam (“repairing the world through our actions”). She addresses candidly the hurtful stereotypes about Jews (that they are rich and powerful) that Acho grew up with in Dallas and how Jews internalize these antisemitic judgments. Moreover, Tishby notes, “it is literally impossible to be Jewish and not have any connection with Israel, and I’m not talking about borders or a dot on the map. Judaism…is an indigenous religion.” Acho wonders if one can legitimately criticize “Jewish people and their ideologies” without being antisemitic, and Tishby offers ways to check whether one’s criticism of Jews or Zionism is antisemitic or factually straightforward. The authors also touch on the deteriorating relationship between Black and Jewish Americans, despite their historically close alliance during the civil rights era. “As long as Jewish people get to benefit from appearing white while Black people have to suffer for being Black, there will always be resentment,” notes Acho. “Because the same thing that grants you all access—your skin color—is what grants us pain and punishment in perpetuity.” Finally, the authors underscore the importance of being mutual allies, and they conclude with helpful indexes on vernacular terms and customs.
An important dialogue at a fraught time, emphasizing mutual candor, curiosity, and respect.Pub Date: April 30, 2024
ISBN: 9781668057858
Page Count: 256
Publisher: Simon Element
Review Posted Online: March 13, 2024
Kirkus Reviews Issue: April 15, 2024
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
A welcome call to grow up and cut out the whining.
The New York Times columnist serves up a cogent argument for shelving the grudge and sucking it up.
In 1976, Tom Wolfe described the “me decade” as a pit of mindless narcissism. A half century later, Bruni, author of Born Round and other bestselling books, calls for a renaming: “‘Me Turning Point’ would have been more accurate, because the period of time since has been a nonstop me jamboree.” Our present cultural situation, he notes, is marked by constant grievance and endless grasping. The ensuing blame game has its pros. Donald Trump, he notes, “became a victor by playing the victim, and his most impassioned oratory, such as it was, focused not on the good that he could do for others but on the bad supposedly done to him.” Bruni is an unabashed liberal, and while he places most of the worst behavior on the right—he opens with Sean Hannity’s bleating lie that the Biden administration was diverting scarce baby formula from needy Americans to illegal immigrants—he also allows that the left side of the aisle has committed its share of whining. A case in point: the silencing of a professor for showing an image of Mohammed to art students, neither religiously proscribed nor done without ample warning, but complained about by self-appointed student censors. Still, “not all grievances are created equal,” he writes. “There is January 6, 2021, and there is everything else. Attempts by leaders on the right to minimize what happened that day and lump it together with protests on the left are as ludicrous as they are dangerous.” Whether from left or right, Bruni calls for a dose of humility on the part of all: “an amalgam of kindness, openness, and silliness might be an effective solvent for grievance.”
A welcome call to grow up and cut out the whining.Pub Date: April 30, 2024
ISBN: 9781668016435
Page Count: 288
Publisher: Avid Reader Press
Review Posted Online: Feb. 24, 2024
Kirkus Reviews Issue: April 1, 2024
© Copyright 2024 Kirkus Media LLC. All Rights Reserved.
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