The Nine

The Nine: Inside the Secret World of the Supreme Court by Jeffrey Toobin provides wonderful insights into the Court over which Chief Justice William Rehnquist presided from September 1986 to September 2003.


Toobin, a lawyer and CNN commentator on the Court, provides wonderful insights into the personalities of the Associate Justices, their passions and biases. A plethora of key cases from those years are outlined, including issues related to abortion, equality, gay rights, federalism, and religious expression in the public square. One of the more fascinating sections was Toobin’s examination of Bush v. Gore which the author notes brought forth from the Rehnquist Court all its primary shortcomings and in the end damaged public respect for the Court. The section dealing with the Iraq and Afghanistan wars, and the detaining and treatment of prisoners provided for me fresh insights into the Bush Administration’s imperialistic attitude and desire to increase the power of the Presidency, for which the Bush administration was judged harshly by the Court.

The book provides significant extracts from both majority and dissenting rulings. Though numerous, the extracts are judicious and paired with commentary that allows the average reader to understand the essence of what is being said in the statements.

The book also reveals the political and religious right’s efforts to gain control of the Court. Harriet Miers, though a strong conservative and a very loyal Bush advisor withdrew her nomination because the religious right did not think she was conservative enough. Toobin notes that ultimately Bush’s selections of John Roberts and Samuel Alito have moved the Court strongly to the right after being a centrist court for decades. Toobin outlines that his selections were made to satisfy and sooth the concerns of four men, Jay Sekulow the primary lawyer pushing for prayer at public events and in schools, Ed Meese who was in the Regan administration and an advocate of increasing the power of the President, Manny Miranda and James Dobson the dominant voice of religious right, and all strong critics of an independent and strong judiciary. The book concludes with a handful of rulings from the Roberts Court and how the Court under Roberts has a conservative agenda.

This book is well worth reading.