A treat for obsessive court watchers that’s accessible to general readers.
A distinguished constitutional law scholar examines the complex, occasionally surprising interplay of law and politics that explains decisions from our closely divided, highest court.
Constitutional jurisprudence involves reasoning from rules and precedent, the sort of legal analysis any lawyer or judge well understands, but it’s also shaded by a uniquely political dimension. By “politics,” Harvard Law School professor Tushnet (Why the Constitution Matters, 2011, etc.) means nothing so bald as the latest partisan dispatch from Democratic or Republican headquarters, but rather the “political structures and political visions” that produce nominees for the court, account for the principles and philosophies of the justices, shape arguments brought to the Supreme Court for adjudication, and frequently tip the balance in decisions. If the intellectual leadership of the Roberts Court passes from the chief justice to, say, Justice Elena Kagan—as it may if Obama is afforded future nominations—the shift will be attributable to this operation of politics on the court’s judgments. Tushnet teases out his argument with chapters devoted to the Roberts Court’s decisions on Obamacare, especially, and on other major cases dealing with affirmative action, gun rights, business interests, campaign finance and the First Amendment. The author is particularly good on the vetting process for justices, explaining how each party and president (with fingers crossed) approachs the selection of nominees. But the court, as Tushnet points out, plays a long game, and the mere passage of time can upset today’s careful political calculation. Things change, including the composition of political parties, the makeup of the court and the relations among the justices. Moreover, when politics and law mingle, as a number of the First Amendment decisions demonstrate, the “conservative versus liberal” narrative is not always so straightforward. Tushnet is an informed, experienced observer—he clerked for Justice Thurgood Marshall and owes his Harvard appointment to then-dean Kagan—and he proves a sure-footed guide in difficult terrain.
A treat for obsessive court watchers that’s accessible to general readers.Pub Date: Sept. 30, 2013
ISBN: 978-0-393-07344-7
Page Count: 352
Publisher: Norton
Review Posted Online: June 30, 2013
Kirkus Reviews Issue: July 15, 2013
BOOK REVIEW
This moving, potent testament might have been titled “Black Lives Matter.” Or: “An American Tragedy.”
The powerful story of a father’s past and a son’s future.
Atlantic senior writer Coates (The Beautiful Struggle: A Father, Two Sons, and an Unlikely Road to Manhood, 2008) offers this eloquent memoir as a letter to his teenage son, bearing witness to his own experiences and conveying passionate hopes for his son’s life. “I am wounded,” he writes. “I am marked by old codes, which shielded me in one world and then chained me in the next.” Coates grew up in the tough neighborhood of West Baltimore, beaten into obedience by his father. “I was a capable boy, intelligent and well-liked,” he remembers, “but powerfully afraid.” His life changed dramatically at Howard University, where his father taught and from which several siblings graduated. Howard, he writes, “had always been one of the most critical gathering posts for black people.” He calls it The Mecca, and its faculty and his fellow students expanded his horizons, helping him to understand “that the black world was its own thing, more than a photo-negative of the people who believe they are white.” Coates refers repeatedly to whites’ insistence on their exclusive racial identity; he realizes now “that nothing so essentialist as race” divides people, but rather “the actual injury done by people intent on naming us, intent on believing that what they have named matters more than anything we could ever actually do.” After he married, the author’s world widened again in New York, and later in Paris, where he finally felt extricated from white America’s exploitative, consumerist dreams. He came to understand that “race” does not fully explain “the breach between the world and me,” yet race exerts a crucial force, and young blacks like his son are vulnerable and endangered by “majoritarian bandits.” Coates desperately wants his son to be able to live “apart from fear—even apart from me.”
This moving, potent testament might have been titled “Black Lives Matter.” Or: “An American Tragedy.”Pub Date: July 8, 2015
ISBN: 978-0-8129-9354-7
Page Count: 176
Publisher: Spiegel & Grau
Review Posted Online: May 5, 2015
Kirkus Reviews Issue: July 1, 2015
BOOK REVIEW
BOOK REVIEW
SEEN & HEARD
BOOK TO SCREEN
BOOK TO SCREEN
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular...
A neurosurgeon with a passion for literature tragically finds his perfect subject after his diagnosis of terminal lung cancer.
Writing isn’t brain surgery, but it’s rare when someone adept at the latter is also so accomplished at the former. Searching for meaning and purpose in his life, Kalanithi pursued a doctorate in literature and had felt certain that he wouldn’t enter the field of medicine, in which his father and other members of his family excelled. “But I couldn’t let go of the question,” he writes, after realizing that his goals “didn’t quite fit in an English department.” “Where did biology, morality, literature and philosophy intersect?” So he decided to set aside his doctoral dissertation and belatedly prepare for medical school, which “would allow me a chance to find answers that are not in books, to find a different sort of sublime, to forge relationships with the suffering, and to keep following the question of what makes human life meaningful, even in the face of death and decay.” The author’s empathy undoubtedly made him an exceptional doctor, and the precision of his prose—as well as the moral purpose underscoring it—suggests that he could have written a good book on any subject he chose. Part of what makes this book so essential is the fact that it was written under a death sentence following the diagnosis that upended his life, just as he was preparing to end his residency and attract offers at the top of his profession. Kalanithi learned he might have 10 years to live or perhaps five. Should he return to neurosurgery (he could and did), or should he write (he also did)? Should he and his wife have a baby? They did, eight months before he died, which was less than two years after the original diagnosis. “The fact of death is unsettling,” he understates. “Yet there is no other way to live.”
A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular clarity.Pub Date: Jan. 19, 2016
ISBN: 978-0-8129-8840-6
Page Count: 248
Publisher: Random House
Review Posted Online: Sept. 29, 2015
Kirkus Reviews Issue: Oct. 15, 2015
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