A cogent overview of the court’s crucial role, the application of which is sure to be discussed among scholars.

THE AUTHORITY OF THE COURT AND THE PERIL OF POLITICS

Why the Supreme Court deserves the public’s trust.

Based on his 2021 lecture at Harvard Law School, Supreme Court Justice Breyer offers a selected history of court cases, a defense of judicial impartiality, and recommendations for promoting the public’s respect for and acceptance of the role of the judiciary in the future. The author regrets that many Americans see the justices as “unelected political officials or ‘junior varsity’ politicians themselves, rather than jurists,” asserting that “nearly all” justices apply “the basic same interpretive tools” to decide a case: “They will consider the statute’s text, its history, relevant legal tradition, precedents, the statute’s purposes (or the values that underlie it), and the relevant consequences.” Although Breyer maintains that all try to avoid the influence of ideology or political philosophy, he acknowledges that suggesting “a total and clean divorce between the Court and politics is not quite right either,” since a justice’s background, education, and experiences surely affect their views, especially when considering the consequences of a decision. The judicial process, Breyer explains, begins as a conference held once or twice each week where substantive discussion leads to preliminary conclusions. Sometimes, in order to find a majority, the court will take a minimalist perspective, allowing those who differ “on the broader legal questions to come together in answering narrower ones.” Noting that, in 2016, only 1 in 4 Americans could name the three branches of federal government, Breyer suggests a revival of civics education in schools so that students can learn how government works and what the rule of law is. He believes that confidence in government will result from citizens’ participation in public life: by voting, taking part in local governance such as school boards, and resolving their differences through argument, debate, cooperation, and compromise, all of which are “the embodiment of the democratic ideal.”

A cogent overview of the court’s crucial role, the application of which is sure to be discussed among scholars.

Pub Date: Sept. 7, 2021

ISBN: 978-0-674-26936-1

Page Count: 104

Publisher: Harvard Univ.

Review Posted Online: June 24, 2021

Kirkus Reviews Issue: July 15, 2021

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Disingenuous when not willfully oblivious.

SO HELP ME GOD

The former vice president reflects warmly on the president whose followers were encouraged to hang him.

Pence’s calm during the Trump years has been a source of bemusement, especially during the administration’s calamitous demise. In this bulky, oddly uncurious political memoir, Pence suggests the source of his composure is simple: frequent prayer and bottomless patience for politicking. After a relatively speedy recap of his personal and political history in Indiana—born-again Christian, conservative radio host, congressman, governor—he remembers greeting the prospect of serving under Trump with enthusiasm. He “was giving voice to the desperation and frustration caused by decades of government mismanagement,” he writes. Recounting how the Trump-Pence ticket won the White House in 2016, he recalls Trump as a fundamentally hardworking president, albeit one who often shot from the hip. Yet Pence finds Trump’s impulsivity an asset, setting contentious foreign leaders and Democrats off-balance. Soon they settled into good cop–bad cop roles; he was “the gentler voice,” while “it was Trump’s job to bring the thunder.” Throughout, Pence rationalizes and forgives all sorts of thundering. Sniping at John McCain? McCain never really took the time to understand him! Revolving-door staffers? He’s running government like a business! That phone call with Ukraine’s president? Overblown! Downplaying the threat Covid-19 presented in early 2020? Evidence, somehow, of “the leadership that President Trump showed in the early, harrowing days of the pandemic.” But for a second-in-command to such a disruptive figure, Pence dwells little on Trump’s motivations, which makes the story’s climax—Trump’s 2020 election denials and the Jan. 6, 2021 insurrection—impossible for him to reconcile. How could such a selfless patriot fall under the sway of bad lawyers and conspiracy theorists? God only knows. Chalk it up to Pence's forgiving nature. In the lengthy acknowledgments he thanks seemingly everybody he’s known personally or politically; but one name’s missing.

Disingenuous when not willfully oblivious.

Pub Date: Nov. 15, 2022

ISBN: 9781982190330

Page Count: 560

Publisher: Simon & Schuster

Review Posted Online: Nov. 16, 2022

Kirkus Reviews Issue: Dec. 15, 2022

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Buffs of the Old West will enjoy Clavin’s careful research and vivid writing.

TOMBSTONE

THE EARP BROTHERS, DOC HOLLIDAY, AND THE VENDETTA RIDE FROM HELL

Rootin’-tootin’ history of the dry-gulchers, horn-swogglers, and outright killers who populated the Wild West’s wildest city in the late 19th century.

The stories of Wyatt Earp and company, the shootout at the O.K. Corral, and Geronimo and the Apache Wars are all well known. Clavin, who has written books on Dodge City and Wild Bill Hickok, delivers a solid narrative that usefully links significant events—making allies of white enemies, for instance, in facing down the Apache threat, rustling from Mexico, and other ethnically charged circumstances. The author is a touch revisionist, in the modern fashion, in noting that the Earps and Clantons weren’t as bloodthirsty as popular culture has made them out to be. For example, Wyatt and Bat Masterson “took the ‘peace’ in peace officer literally and knew that the way to tame the notorious town was not to outkill the bad guys but to intimidate them, sometimes with the help of a gun barrel to the skull.” Indeed, while some of the Clantons and some of the Earps died violently, most—Wyatt, Bat, Doc Holliday—died of cancer and other ailments, if only a few of old age. Clavin complicates the story by reminding readers that the Earps weren’t really the law in Tombstone and sometimes fell on the other side of the line and that the ordinary citizens of Tombstone and other famed Western venues valued order and peace and weren’t particularly keen on gunfighters and their mischief. Still, updating the old notion that the Earp myth is the American Iliad, the author is at his best when he delineates those fraught spasms of violence. “It is never a good sign for law-abiding citizens,” he writes at one high point, “to see Johnny Ringo rush into town, both him and his horse all in a lather.” Indeed not, even if Ringo wound up killing himself and law-abiding Tombstone faded into obscurity when the silver played out.

Buffs of the Old West will enjoy Clavin’s careful research and vivid writing.

Pub Date: April 21, 2020

ISBN: 978-1-250-21458-4

Page Count: 400

Publisher: St. Martin's

Review Posted Online: Jan. 20, 2020

Kirkus Reviews Issue: Feb. 15, 2020

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