Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution.

The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History

Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.

Keith E. Whittington is William Nelson Cromwell Professor of Politics at Princeton University. He is the author of Constitutional Interpretation and Constitutional Construction.

As Cochran freely concedes, his representation of O.J. Simpson transformed him from a lawyer into a celebrity. In this memoir of his professional life, he tries to put that case in perspective. Although a fierce critic of the racism he sees in the legal system and among the L.A. police, Cochran says the common perception that he is anti-law enforcement is wrong; he began his career as a prosecutor, but he is on a mission to eradicate racism wherever he finds it. Long before the Simpson case, he made a name for himself (and a small fortune) by successfully bringing police brutality cases on behalf of African-Americans like Barbara Deadwyler, whose husband was shot dead for no apparent reason while rushing his pregnant wife to the hospital. Cochran lost that early case and many others because, in his view, white juries refused to believe that police officers would lie under oath. Unfortunately, this memoir reads as though it was dictated to co-author Fisher (My Best Friends, with George Burns): it drifts from one legal war story to the next, often repeats details and occasionally leaves thoughts dangling. And that's a shame, because Cochran's experience gives him the authority to utter some uncomfortable truths, among them that justice is often reserved for the wealthy. Worse yet, he says, racism permeates the entire system, from the cop on the beat to the judge on the bench. Cochran musters case after case in support of these conclusions. This revelatory, often dismaying account provides a cogent explanation of why many African-Americans have such a jaded view of our legal system. 
Copyright 2002 Reed Business Information, Inc.

David Boies's memoir should be a bestseller for two simple reasons. First, his spectacular legal career, representing clients as diverse as Al Gore, George Steinbrenner, the U.S. Justice Department, and Calvin Klein, provides ample material for a compelling exploration of the practice of law in its most high-profile glory. And secondly, the book seems bound to sell well simply because most enterprises Boies gets himself involved with, from lawsuits to Las Vegas gambling, tend to pay off big. In Courting Justice, Boies traces the intricacies of numerous cases, such as Bush v. Gore in the hotly contested 2000 Florida recount, Steinbrenner's action against Major League Baseball, and the U.S. Government's antitrust litigation against Microsoft. At the same time he sheds light on the legal profession itself, exploring the politics of the profession and the power plays endemic to it. As though presenting his cases to a jury, Boies lays out the framework and issues of each case in a patient, step-by-step manner that illuminates the nature of the litigation and Boies's strategy while also supporting the narrative arc of the story he's trying to tell. As with many top lawyers, there is more than a dollop of ego and pride in Boies's accounts. Throughout Courting Justice Boies portrays himself as the voice of reason, possessed of a shrewd sagacity that his rivals and peers can only admire with slack-jawed amazement. Then again, when you look at the numerous legal triumphs and precedent-setting cases he was involved in, especially during the late 1990s, his arrogance is perhaps well earned. Regardless, it lends confidence to his outstanding ability to turn a phrase and tell a story, which, combined with the numerous stories he has to tell, makes David Boies's latest effort a success once again. --John Moe (Amazon.com)