The Case Against the Supreme Court Paperback – September 29, 2015

This is an excellent analysis of the court and its effectiveness. Good background on the justices and brief discussion of Originalism.President Trump and both political parties have exposed the weaknesses in our system that need to be examined and reformed for today and the future to safeguard our Democratic Experiment.The Court is not impartial and is presently staffed by mediocre justices with extreme biases who are pushing through a backward political agenda which will result in the Nation going backwards.Add to this the structural corruption we have in our government, with a weak Department of Justice, and a legal profession infested with corrupt attorneys the country will have more unnecessary turmoil, disruption, waste, and move to being a banana Republic.This book is a must read for those who care where America is going.Terry Foster

One of the best books on the Supreme Court written for the lay person by an academic. It not only explains in plain language the significant points of each case discussed, but also ties them together (or not). It will be clear that consistency and respect for stare decisis has gotten short shrift from the Roberts court. SCOTUS jurisprudence unfortunately has been far more activist, intellectually incompetent or dishonest (you decide), and "outcome" oriented than one would expect.This book provides a good brief summary, overview, and common sense critique of most of the cases of recent public notoriety (Hobby Lobby, Citizens United, etc.)as well as a number of others over the years; some of considerable import and reputation and some hardly known but to the lawyer interested in the particular issue. A good source for one who wants to be able to understand the news and participate intelligently in discussions without having to go to point of reading the cases. It is unfortunate but I mostly agree with Dean Chemerinsky that SCOTUS has been far more of a failure as the institution than most most of us expect or even realize

A very readable and informative critique of the performance of the Supreme Court over time which every lawyer and judge need to read

Conservatives have long complained about an activist Court. But as Chemerinsky shows, it is conservative activism that has led the nation into grievous harm. The Dred Scott decision was a key blunder that made the Civil War almost inevitable, allowing the slave states to intrude into the activities of the free states. Lochner was another terrible decision, one that led to terrible labor strife as the basic rights of human beings were subordinated to those of businesses. Indeed, Lochner was so destructive that it led to FDR's decision to pack the Court. While he was blocked in doing that, had the Court not changed its application of Lochner, public outrage could have led to any of many very bad outcomes. As much as conservatives love to hate the Court, it is their Court that has legalized corruption in the Citizens United and McCutcheon cases, gutted the Voting Rights Act which had passed Congress nearly unanimously on the bizarre grounds that unanimity somehow meant the Congress hadn't thought things through, engaged in partisan activity, and otherwise made itself a laughingstock. I don't think Chemerinsky is so indelicate as to mention that one of the Justices is a known perjurer, but that fact alone brings the Court as a whole into disrepute. It reeks of a sense of impunity, the surest sign of societal decay.At this point, liberals, moderates, and conservatives should be able to agree that the Court needs radical overhaul to depoliticize it, re-balance individual vs. corporate liberties in favor of persons with a pulse, and return it to its proper role of determining whether a law is consistent with the Constitution as it is--rather than as it was when slavery was legal, women were unable to vote, and openly buying votes in Congress was not only legal but the common practice. It's probably not too far a reach to say that we should impeach them all and start afresh, with justices that all Americans can agree are fair-minded, professional, and honest.

This book is that rarity: an extended scholarly analysis that maintains the reader's constant interest while buttressing its arguments with facts galore. Unlike misguided critics who think abolishing the supreme court would be a solution to its deficiencies, Prof. Chemerinsky, who spends most of these pages laying out the various flaws associated with the court, winds up by outlining and explaining practical measures that would radically reduce those flaws. If you have any interest in federal law but have been bored by other non-fiction works, this is for you!

Great subject matter which was unfortunately presented in a "course outline" format.

I am a civil rights lawyer with 45 years experience. Lately I have read a book on the Court by Garrett Epps, one by Lawrence Tribe, and this one. Chemerinsky is accurate about many things. I have better insight now. I find that I had overlooked some of the deficiencies of the various justices since the Warren Court faded. I am a fan of Hugo Black, William Brennan, Earl Warren, William O. Douglas, Thurgood Marshall and some others. None on the Court today are in the upper category. Roberts is about like Justice Taney. Scalia is a bit wacko. Alito belongs on Ellis Island. This is the best book on the Supreme Court in a long time. I recommend the one on Justice Brennan by Roger Goldman and the book about Thurgood Marshall by Roger Goldman.

Powerful stuff. Chermerinsky is always engaging though I did not learn much new in this volume.

Excellent insight and very readable, even for an outsider with little knowledge of the Supreme Court.