Tuesday, December 28, 2010

Lowest Price The Nine: Inside the Secret World of the Supreme Court


I have met and talked to a number of the judges discussed by Mr Toobin. The one with whom I had most to do was Justice O'Connor. I had the privilege, while in Washington, of officially inviting her to come to Australia and address lawyers there. Protocol required that I first invite Burger CJ, whom we did not really want. He declined and assured me that O'Connor J would also refuse . I took the precaution of asking her husband about the matter and he told me his wife would love to come. She did so and was of course a great hit.

Australian lawyers who contested constitutional cases in our High Court - I did so - had to be interested in the views of the US Supreme Court, as our Founding Fathers followed US precedent in important respects. For example., we have a Senate whose members comprise equal numbers from each State - and a House of Representatives with roughly equal numbers in each electorate.

Mr Toobin's account of the recent work of the Supreme Court I found to be enlightening. Our Australian media tends to give us simplistic stories about, say, the appointment of Thomas J. Mr Toobin makes clear that His Honour is by no means lacking in ability and is also a popular member of the Court. One of his major messages is that although most of the judges in the period dealt with have been Republicans, it functioned well and harmoniously under the excellent leadership of Rehnquist CJ. He throws useful light on the famous incident of the duck-hunting Judge (Scalia J) and explains convincingly why there was no ground for suspecting any impropriety.

Many other aspects of the court's functioning are interestingly dealt with, but I must say my personal understanding of the clerks' functions suggests that he has understated their part in production of judgments. It is esentiaally a popular rather than lawyers' treatise which he gives us, but with that limitation it must be accouted a useful analysis. Some of your readers have suggested that it is biassed; I was conscious of Mr Toobin's liberal leanings, but thought his writing to be careful and fair-minded. INVICTUSGet more detail about The Nine: Inside the Secret World of the Supreme Court.

No comments:

Post a Comment