The Nine

July 9, 2007
It’s not laws or constitutional theory that rule the High Court, argues this absorbing group profile, but quirky men and women guided by political intuition. New Yorker
legal writer Toobin (The Run of His Life: The People v. O.J. Simpson
) surveys the Court from the Reagan administration onward, as the justices wrestled with abortion, affirmative action, the death penalty, gay rights and church-state separation. Despite a Court dominated by Republican appointees, Toobin paints not a conservative revolution but a period of intractable moderation. The real power, he argues, belonged to supreme swing-voter Sandra Day O’Connor, who decided important cases with what Toobin sees as an “almost primal” attunement to a middle-of-the-road public consensus. By contrast, he contends, conservative justices Rehnquist and Scalia ended up bitter old men, their rigorous constitutional doctrines made irrelevant by the moderates’ compromises. The author deftly distills the issues and enlivens his narrative of the Court’s internal wranglings with sharp thumbnail sketches (Anthony Kennedy the vain bloviator, David Souter the Thoreauvian ascetic) and editorials (“inept and unsavory” is his verdict on the Court’s intervention in the 2000 election). His savvy account puts the supposedly cloistered Court right in the thick of American life. (A final chapter and epilogue on the 2006–2007 term, with new justices Roberts and Alito, was unavailable to PW
.)