Must-Read Books to Help You Understand the Supreme Court

The Supreme Court is one of America’s leading expositors of and participants in debates about American values. Legal expert Jay M. Feinman introduces and selects some of the most important Supreme Court Decisions of all time, which touch on the very foundations of American society. These cases cover a vast array of issues, from the powers of government and freedom of speech to freedom of religion and civil liberties. Feinman offers commentary on each case and excerpts from the opinions of the Justices that show the range of debate in the Supreme Court and its importance to civil society.

The trailblazing Supreme Court Justice Ruth Bader Ginsburg in her own words. Her most essential writings on gender equality and women’s rights, reproductive health care, and voting and civil rights, now available in a short, accessible volume as part of the new Penguin Liberty series.

Recent changes in the Supreme Court have placed the venerable institution at the forefront of current affairs, making this comprehensive and engaging work as timely as ever. In the tradition of Howard Zinn’s classic A People’s History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion.

In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair.

Claiming to be acting in the best interests of all, the adoption business was founded on secrecy and lies. American Baby lays out how a lucrative and exploitative industry removed children from their birth mothers and placed them with hopeful families, fabricating stories about infants’ origins and destinations, then closing the door firmly between the parties forever.  Adoption’s closed records are being legally challenged in states nationwide. Open adoption is the rule today, but the identities of many who were adopted or who surrendered a child in the postwar decades are locked in sealed files. American Baby illuminates a dark time in our history and shows a path to reunion that can help heal the wounds inflicted by years of shame and secrecy.

In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11.

Through Michelle Goldberg’s meticulous reporting across four continents, The Means of Reproduction highlights the past and present of feminist activism around the world. In the face of a new wave of authoritarianism, we can look to the stories within this book—from an abortion provider turned health minister of Ghana to survivors of domestic abuse in India to pioneers of access to birth control throughout the Global South—as both blueprint and inspiration. With broad historical scope and lucid prose, Goldberg’s analysis demonstrates that women’s rights are key to flourishing societies.

A groundbreaking work of reportage by Pulitzer Prize-winning journalist Jo Becker, Forcing the Spring is the definitive account of five remarkable years in American civil rights history, when the United States experienced a tectonic shift on the issue of marriage equality. Focusing on the historic legal challenge of California’s ban on same-sex marriage, Becker offers a gripping, behind-the scenes narrative told with the lightning pace of a great legal thriller. Taking the reader from the Oval Office to the Supreme Court ruling, from state-by-state campaigns to an astounding shift in national public opinion, Forcing the Spring is political and legal journalism at its finest.

Drawing on unprecedented access to the Supreme Court justices themselves and their inner circles, acclaimed ABC News legal correspondent Jan Crawford Greenburg offers an explosive newsbreaking account of one of the most momentous political watersheds in American history. From the series of Republican nominations that proved deeply frustrating to conservatives to the decades of bruising battles that led to the rise of Justices Roberts and Alito, this is the authoritative story of the conservative effort to shift the direction of the high court—a revelatory look at one of the central fronts of America’s culture wars by one of the most widely respected experts on the subject.

For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation’s history, and concludes with a bold proposal to rein in the court’s power.

Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent.

Kaplan offers a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United. (He also faults the Court for not getting involved when it should—for example, to limit partisan gerrymandering.) But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, as well as presenting an intimate inside look at the Court, The Most Dangerous Branch is sure to rile both sides of the political aisle.

In this comprehensive, revelatory biography—fifteen years of interviews and research in the making—historian Jane Sherron De Hart explores the central experiences that crucially shaped Ginsburg’s passion for justice, her advocacy for gender equality, and her meticulous jurisprudence.

Thurgood Marshall was the twentieth century’s great architect of American race relations. His victory in the Brown v. Board of Education decision, the landmark Supreme Court case outlawing school segregation in the United States, would have made him a historic figure even if he had never been appointed as the first African-American to serve on the Supreme Court. He had a fierce will to change America, which led to clashes with Martin Luther King, Jr., Malcom X, and Robert F. Kennedy. Based on eight years of research and interviews with over 150 sources, Thurgood Marshall is the sweeping and inspirational story of an enduring figure in American life.

From the moment Chief Justice Roberts botched Barack Obama’s oath of office, the relationship between the Court and the White House has been a fraught one. Grappling with issues as diverse as campaign finance, abortion, and the right to bear arms, the Roberts court has put itself squarely at the center of American political life. Jeffrey Toobin brilliantly portrays key personalities and cases and shows how the President was fatally slow to realize the importance of the judicial branch to his agenda. Combining incisive legal analysis with riveting insider details, The Oath is an essential guide to understanding the Supreme Court of our interesting times.

In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions.

In this story of human triumph that “hums with hope and exhilaration” (NPR), she recounts her life from a Bronx housing project to the federal bench, a journey that offers an inspiring testament to her own extraordinary determination and the power of believing in oneself. Along the way we see how she was shaped by her invaluable mentors, a failed marriage, and the modern version of extended family she has created from cherished friends and their children. Through her still-astonished eyes, America’s infinite possibilities are envisioned anew in this warm and honest book.

Out of Order sheds light on the centuries of change and upheaval that transformed the Supreme Court from its uncertain beginnings into the remarkable institution that thrives and endures today. From the early days of circuit-riding, when justices who also served as trial judges traveled thousands of miles per year on horseback to hear cases, to the changes in civil rights ushered in by Earl Warren and Thurgood Marshall; from foundational decisions such as Marbury v. Madison to modern-day cases such as Hamdi v. Rumsfeld, Justice O’Connor weaves together stories and lessons from the history of the Court, charting turning points and pivotal moments that have helped define our nation’s progress.

Charged with the responsibility of interpreting the Constitution, the Supreme Court has the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can it help make our democracy work? In this groundbreaking book, Justice Stephen Breyer tackles these questions and more, offering an original approach to interpreting the Constitution.

Chief Justice Rehnquist’s engaging writing illuminates both the high and low points in the Court’s history, from Chief Justice Marshall’s dominance of the Court during the early nineteenth century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt’s Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society. The public often hears little about the Supreme Court until decisions are handed down. Here, Rehnquist reveals its inner workings–the process by which cases are chosen, the nature of the conferences where decisions are made, and the type of debates that take place. With grace and wit, this incisive history gives a dynamic and informative account of the most powerful court in the nation and how it has shaped the direction America has taken.

In Justice for All, Jim Newton, an award-winning journalist for the Los Angeles Times, brings readers the first truly comprehensive consideration of Earl Warren, the politician-turned-Chief Justice who refashioned the place of the court in American life through landmark Supreme Court cases whose names have entered the common parlance — Brown v. Board of Education, Griswold v. Connecticut, Miranda v. Arizona, to name just a few. Drawing on unmatched access to government, academic, and private documents pertaining to Warren’s life and career, Newton explores a fascinating angle of U.S. Supreme Court history while illuminating both the public and the private Warren.

This definitive collection of Supreme Court Justice Antonin Scalia’s finest speeches covers topics as varied as the law, faith, virtue, pastimes, and his heroes and friends. Featuring a foreword by longtime friend Justice Ruth Bader Ginsburg and an intimate introduction by his youngest son, this volume includes dozens of speeches, some deeply personal, that have never before been published. Christopher J. Scalia and the Justice’s former law clerk Edward Whelan selected the speeches.