Felix Frankfurter's blustery depiction of debate within the Supreme
Court suggests that combat sometimes supersedes collegiality in
those hallowed halls. In fact, as Phillip Cooper shows, conflict is
an inescapable fact of life in the Marble Temple.
Cooper peels back the calm, quiet public image of our judicial
royalty to reveal their "family" feuds and squabbles. He shows
that, whether motivated by deeply felt principle or by petty and
vindictive impulses, these disputes dramatically shape the court's
decision-making process, the justices' relations with one another,
and the public's perception of the court.
Filled with wonderful vignettes and telling anecdotes, Battles
on the Bench illuminates the court's legendary and little-known
clashes from John Marshall to Ruth Ginsberg and helps us understand
why they fight, how they fight, and why their fights matter. In the
process, it reveals a long tradition of strategic flattery,
cajolery, name-calling, threats, subterfuge, and sermonizing-all in
an effort to win over or run over fellow justices.
Conflict in such high-stakes circumstances is hardly unexpected.
But some of the court behavior is: Fred Vinson going after
Frankfurter with a clenched fist and shouting that "no son of a
bitch can ever say that to me "; Frankfurter's dismissal of Justice
Reed's intellect as "largely vegetable"; James McReynolds'
undisguised anti-semitism toward Louis Brandeis; Antonin Scalia's
harsh attacks on Sandra Day O'Connor; and William Rehnquist's
sarcastic recital of a nursery rhyme and the "Star-Spangled Banner"
before his startled brethren.
Cooper, however, makes clear that to a surprising degree these
justices do find ways to work together. As Earl Warren noted, life
on the Court is like a marriage-one can't tolerate it if it's one
battle after another. Appointed for life and completely
independent, these "nine scorpions in a bottle" are nevertheless
compelled to furl their stingers from time to time-for no justice
can prevail without the support of at least four others. Indeed,
one of the toughest questions Cooper tries to answer is why they
don't fight more often.
A rich treasure trove mined from the vast resources of judicial
biography, Cooper's engaging study will be especially appealing to
students and general readers with limited knowledge of the court's
inner workings.
General
Imprint: |
University Press of Kansas
|
Country of origin: |
United States |
Release date: |
December 1995 |
First published: |
December 1995 |
Authors: |
Phillip J. Cooper
|
Dimensions: |
213 x 145 x 18mm (L x W x T) |
Format: |
Paperback
|
Pages: |
228 |
Edition: |
New edition |
ISBN-13: |
978-0-7006-0966-6 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
Legal profession >
General
|
LSN: |
0-7006-0966-0 |
Barcode: |
9780700609666 |
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