Uncertain Justice

July 7, 2014
Harvard Law professor and iconic constitutional law figure Tribe and co-author Matz offer a timely analysis of the landscape-altering opinions of the Roberts Supreme Court. Roberts is depicted as part of a court divided by the obvious, competing conservative and liberal philosophies, but also a court whose Justices harbor distinct approaches to the Constitution. Tribe and Matz focus on the Court's opinions in cases that decided controversial issues including campaign finance, the Affordable Care Act, Affirmative Action, and gay rights. The legal principles argued in these landmark cases and the ramifications of the decisions, are explained in clear and understandable language. The exploration of the equally important analysis of how the personalities and personal experiences of the Justices resonate in their opinions reflects an intimate knowledge of the Court's workings. The inclusion of the heated debates between Justices is engaging and acts to humanize the Justices, although it does not necessarily make them likable. Tribe and Matz don't shy away from making critical comments on the merits of various opinions. Nevertheless, the authors are surprisingly philosophical about the Court's direction and end by claiming that the Court's decisions are part of "a long arc that bends toward justice."

May 15, 2014
With Chief Justice John Roberts' leadership of the Supreme Court approaching its 10th anniversary, Tribe (Constitutional Law/Harvard Univ., 2008, etc.) and Matz, who clerks for a federal judge, provide a perspective on the changes reflected in the court's decision-making patterns.The co-authors cooperate in a near-forensic dissection of the court's work under Roberts, comparing the arguments of each justice on a case-by-case basis. Many of their conclusions will be eye-openers for general readers. Contrary perhaps to expectation, this is not merely an account of a consistent five-member conservative majority against a liberal minority. Conservatives-e.g., Antonin Scalia and Samuel Alito-can differ from each other as much as they do from liberals like Ruth Bader Ginsburg and Sonia Sotomayor. Tribe and Matz fully address legal, philosophical and political motivations, and they document the general direction taking shape as one that tends to reverse law in many areas established since the New Deal. The authors systematically examine how the conflicting opinions on the court are coming together to reformulate the law's understanding of the Constitution in practice. The justices have focused much attention on cases that involve technical rules of procedure. In these cases, the court has favored big business and limited the rights of individuals to seek remedies through the courts for perceived wrongs. They have also used procedural cases to confer "near-total immunity on prosecutors and police," even undercutting aspects of Miranda rights. Certain decisions on integration, voter rights and affirmative action have raised questions about plaintiffs' future abilities to pursue any rights case in the courts. The court's decisions have also been geared toward establishing a new balance between federal and state governments and redefining congressional responsibility regarding the economy.A well-researched, unsettling investigation of recent trends in the nation's highest court.

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May 15, 2014
Much has already been written about the composition of the Supreme Court, the division between the liberals and the conservatives, and those justices who are for judicial restraint versus those who are activists. Legal scholar Tribe and legal writer Matz argue that all the justices are activists to a certain extent and in certain areas of constitutional law. Instead of the usual analysis of the Supreme Court, Tribe and Matz present a more nuanced look at how the court under Chief Justice Roberts has arrived at momentous decisions from Citizens United to support for Obamacare. They offer a brief sketch of each justice's background, journey to the court, temperament, and major opinions. They explore the differences in political principles, philosophical perspectives, and personalities, with various justices brought to the fore on particular decisions. They focus on specific issues of equality of race, gender, and sexual orientation as seen through decisions on affirmative action, voting rights, and marriage laws as well as health care, campaign finance, gun rights, presidential power, and privacy in this insightful perspective on the Supreme Court.(Reprinted with permission of Booklist, copyright 2014, American Library Association.)

January 1, 2014

The Supreme Court is looking ever more powerful, with current and anticipated rulings shaping America for years to come. Leading constitutional lawyer Tribe and Matz, a clerk for a federal judge, talk about what they think will really happen.

Copyright 2014 Library Journal, LLC Used with permission.

July 1, 2014

Tribe (constitutional law, Harvard Univ.) and Matz's (contributor, SCOTUSblog) book about the Roberts Court (the Supreme Court under the leadership of Chief Justice John G. Roberts) and its view of the U.S. Constitution is thorough and remarkably current. The authors cover the major legal issues confronted by the court in long, detailed chapters that delve into the legal decision making behind each case. In addition to famous decisions such as the campaign finance case Citizens United, the authors explore related opinions that are less well known. This detail is especially helpful in understanding complex issues such as gun control, free speech, and privacy. The authors also look at the current justices, their personalities and backgrounds, and the way these factors have affected court rulings. Their exploration of the justices' experience and ideology leads to an extensive discussion of the impact of the Roberts Court on the Constitution and on American society. VERDICT Casual readers might find the legal discussion too involved, but students of law and political science will want to read it. [See Prepub Alert, 12/16/13.]--Becky Kennedy, Atlanta-Fulton P.L.

Copyright 2014 Library Journal, LLC Used with permission.