Monica, I was also surprised to learn that the Supreme Court does not always function as we think it would or should. For example, I was very surprised to read that at no time after hearing the attorneys’ arguments do the justices meet all together in conference to discuss the legal issues. I would have expected that on such important matters, nine minds are better than one, and that a conference to discuss the legal issues (including prior decisions of the Court on the same issues) could only lead to more informed decision-making.
Instead the book describes a Court where ideology rules, and where the factions are established even before the cases are argued. Which is why Mr. Toobin concludes in the Epilogue to this book that it is not “intelligence, competence, or ethics” that differentiates the justices, but their ideologies ‘that will shape the Court and thus the nation.”
While Judge Sonia Sotomayor was castigated by Republicans for suggesting that her unique perspective on the world might influence how she votes on these issues, the Republican administration appointed Justices Roberts and Alito – both of whom have known entrenched conservative ideologies.
Mr. Toobin suggests that if we — the men and women on the street — want any say in decisions that impact our lives, we need to look not at who is appointed for a judgeship, but at which politicians we put into office who do the nominating. If we elect a conservative president, we will have conservative judicial appointees (not only for the Supreme Court but for all the other federal courts). The same outcome applies when we elect liberal or moderate presidents.
We now live in an age when all federal judges are screened not only for their integrity and intelligence, but for how they will vote on the issues. Sad but true.
I have immensely enjoyed reading and blogging about “The Nine” (a surprisingly easy read). I encourage all who have not read it and who are curious about how our laws are shaped to do so.
