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Decision days appear to outsiders as among the most dramatic events on the Supreme Court calendar. One thinks, for instance, of Chief Justice Earl Warren, reading the unanimous opinion in Brown v. Board of Education in a courtroom pervaded by tension. But the real drama of Brown and other Supreme Court cases may well have been what went on behind the scenes. Rarely do the arguments of counsel--brilliant though they may appear to the courtroom audience--dictate the decision in an important Supreme Court case. Rather, the crucial argument in a case takes place privately among the Justices after the public hearing. Decision provides a unique behind-the-scenes look at the Supreme Court and how its Justices decide cases. Distinguished author Bernard Schwartz, described by The New York Times as "one of the nation's leading legal scholars," uses confidential conference notes, draft opinions, memoranda, letters, and interviews to tell what really goes on behind the red velour curtain. Cases and anecdotes, woven into deft discussions of the Justices and how they function, provide unmatched insights into our high tribunal. We read of the conferences where the Justices cast their votes, the decisions as to who will write opinions (one of the most critical choices made by the Chief Justice), the often extensive give and take of the draft opinion, and the intense lobbying between Justices that influence vote changes (it was Chief Justice Earl Warren's pressure on Justice Reed in Brown that made the final vote unanimous). Schwartz focuses on the Warren, Burger, and Rehnquist courts, providing not just vivid portraits of the Chief Justices themselves, but also profiles of many Associate Justices in action--including Felix Frankfurter, Byron R. White, Sandra Day O'Connor, William J. Brennan, Thurgood Marshall, and John Paul Stevens. And Schwartz includes an eye-opening discussion of the expanding role of the Justices' clerks, revealing that they are no longer merely a "staff of assistants." Instead, they have evolved into a sort of "Junior Supreme Court," which performs a major part of the judicial role--including the writing of opinions--delegated by the Constitution to the Justices themselves. Decision gives readers a privileged look at countless cases throughout the Court's history, from the Dred Scott decision to Miranda v. Arizona to the controversial decision in Roe v. Wade to United States v. Nixon (the Watergate tapes case). Highly readable, yet written with impeccable scholarship, Decision shows the Justices in action as never before. Everything you wanted to know about the Supreme Court and were afraid to ask is here, in a revealing work on the institution that has had such an impact on our law and our life.

Tabla de contenidos provista por Syndetics

• Preface(p. vii)
• Introduction(p. 3)
• Cases Covered(p. 9)
• 1 Rehnquist and Roe(p. 12)
• 2 Webster and the Decision Process(p. 36)
• 3 The Chief Leads the Court(p. 65)
• Super Chief in Action(p. 88)
• 5 Burger Rebuffed(p. 120)
• 6 The Court Leads the Chief(p. 135)
• 7 Individual Justices Lead the Court(p. 155)
• 8 Vote Switches(p. 178)
• 9 More Switches, Near Misses, and Abortion(p. 207)
• 10 Civil Rights and Other Rehnquist Court Switches(p. 237)
• 11 Apotheosis of Mediocrity?(p. 256)
• Table of Cases(p. 263)
• Index(p. 265)

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Publishers Weekly Review

In a book aimed at specialists, veteran court-watcher Schwartz (A History of the Supreme Court) draws on archives, including the files of recently retired Justices William Brennan and Thurgood Marshall, and confidential interviews to describe internal court arguments on cases recent and long past. He begins with a close analysis of the arguments-especially what he terms the manipulations of Chief Justice William Rehnquist-in the Webster abortion case, then admiringly describes the leadership of "Super Chief" Earl Warren, who gained all-important unanimity in the Brown v. Board of Education desegregation case (1954). Chief Justice Warren Burger, on the other hand, found his work regularly modified by pressure from his colleagues that led to an "opinion by committee" in cases such as the Nixon Watergate appeal. Schwartz also analyzes cases in which associate justices (Brennan, for example) took temporary leadership of the court, and how justices switched votes in crucial cases. He concludes by worrying that judges' young law clerks retain too much power as gatekeepers to the court, and endorses a 1972 proposal by a court-appointed committee to create a new court of appeals to screen all petitions for appeal. (Mar.) (c) Copyright PWxyz, LLC. All rights reserved

CHOICE Review

This authoritative book by a leading historian provides a behind-the-scenes analysis of decision making on the US Supreme Court. The book gives accounts of the process of forming majorities and assigning opinions, descriptions of last minute switches in some landmark cases, and assessments of leadership styles of Chief Justices Warren, Burger, and Rehnquist, as well as a handful of other justices. Written in lively fashion and based on the author's unique access to justices, many of their clerks, and their private papers, the book is a treasure trove of what goes on behind the velvet curtain. As the author notes, this may be the last such study, since there is growing sentiment to restrict access to papers of retired justices until all those who have served with them have ended their tenure on the Court. One might have wished for a tighter structure, reference to the political science materials on "deciding to decide" cases, and a bit less gratuitous commentary on justices the author does not like, but these are minor quibbles. The book is a well-written and stimulating account of a fascinating subject. Anyone interested in constitutional law and the Supreme Court will find it informative. All levels. M. M. Feeley University of California, Berkeley

Booklist Review

This fascinating book shows how the major decisions of the Supreme Court came to be, including Roe v. Wade. In that case, Chief Justice Rehnquist, whose personality became much more serious when he was appointed chief, continued to push hard to have the case overturned. Similarly, author Schwartz delves into the legal issues of other cases over the last decade and a half when the Court changed complexion from the more liberal Burger Court to the more conservative Rehnquist Court. The author himself is often apt to blame zealous law clerks for influencing justices buried under mountains of work, but the most interesting material is the personalities. Justice Felix Frankfurter would become livid and his voice would become a high-pitched squeal; Chief Justice Burger had perfected the good ol' boy network by giving his friends the plum decision-writing assignments; associates respected Justice William Brennan, the cocky liberal leader of the Court during the 1970s and 1980s--or did they fear him? In all, a terrific primer on the Supreme Court, the true lawgivers of the republic. --Joe Collins

Notas de autor provistas por Syndetics

About the Author: Bernard Schwartz, the Chapman Distinguished Professor of Law at the University of Tulsa, has written the definitive judicial biography of Chief Justice Earl Warren, as well as many other books on the Supreme Court, including A History of the Supreme Court, The Reins of Power: A Constitutional History of the United States, and The Unpublished Opinions of the Rehnquist Court.