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Supreme Disorder: Judicial Nominations and the Politics of America's Highest Court Hardcover – September 22, 2020

by Ilya Shapiro (Author)
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NAMED ONE OF THE BEST BOOKS OF 2021: POLITICS BY THE WALL STREET JOURNAL

"A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah

Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government?

As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is.

When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction.

Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.
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  1. Print length
    256 pages
  2. Language
    English
  3. Publisher
    Regnery Gateway
  4. Publication date
    September 22, 2020
  5. Dimensions
    6 x 1.2 x 9 inches
  6. ISBN-10
    1684510562
  7. ISBN-13
    978-1684510566
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From the Publisher

Adam Winkler

A must read for anyone interested in the Supreme Court

Mandatory reading now

Shapiro provides an important backdrop for examining the case for judicial reforms

Randy Barnett

Editorial Reviews

Review

"Supreme Disorder is a strikingly original work by one of the country's sharpest legal minds on our manifestly broken judicial appointment process. Ilya doesn't just diagnose the problem and prescribe solutions; he offers a refreshingly balanced history of our nation's most august institution. A must read for anyone interested in the Supreme Court."
—MIKE LEE, Republican senator from Utah

"A remarkably concise, even-handed, highly accessible, well-researched, deftly written account of every Supreme Court nominee of every president from George Washington to today. An indispensable resource for understanding our constitutional history and how we got to where we are with judicial nominations. Anyone with any interest in constitutional law needs to read this book. I will be recommending it to my students.”

—RANDY E. BARNETT, professor, Georgetown University Law Center, and author of Our Republican Constitution: Securing the Liberty and Sovereignty of We the People

"With aging justices, the membership of the Supreme Court is certain to soon change, possibly along with its ideological balance-setting the stage for confirmation fights every bit as heated as our most recent ones. Ilya Shapiro has written the essential guide for these times, helping us understand how we got here and offering solutions for a better way. Mandatory reading now, and a comprehensive reference you will want to keep nearby to consult in real-time as the battles over the shape and future of our most prestigious institution unfold."
—JAN CRAWFORD, chief legal correspondent, CBS News, and author of Supreme Conflict: The Inside Story of the Struggle for Control of the United States

"In this engaging and insightful history of the pitched battles over Supreme Court nominations since America's earliest days, Ilya Shapiro shows how the confirmation process went awry-and why only the Court itself, by checking the other branches and issuing rulings that will be perceived as legitimate, can fix it."

—ADAM WINKLER, law professor, UCLA, and member of the board of directors of the American Constitution Society and the Brennan Center for Justice

About the Author

Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute, director of Cato’s Robert A. Levy Center for Constitutional Studies, and publisher of the Cato Supreme Court Review.

Shapiro is the author of Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court(2020), coauthor of Religious Liberties for Corporations? Hobby Lobby, the Affordable Care Act, and the Constitution (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, the Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets and once appeared on the Colbert Report.

Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.

Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.

Product details

  • Publisher ‏ : ‎ Regnery Gateway (September 22, 2020)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 256 pages
  • ISBN-10 ‏ : ‎ 1684510562
  • ISBN-13 ‏ : ‎ 978-1684510566
  • Item Weight ‏ : ‎ 1.35 pounds
  • Dimensions ‏ : ‎ 6 x 1.2 x 9 inches
  • Customer Reviews:

About the author

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Ilya Shapiro

Ilya Shapiro

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Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute, director of Cato’s Robert A. Levy Center for Constitutional Studies, and publisher of the Cato Supreme Court Review.

Shapiro is the author of Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020, updated paperback 2022), coauthor of Religious Liberties for Corporations? Hobby Lobby, the Affordable Care Act, and the Constitution (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, the Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets and once appeared on the Colbert Report.

Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.

Earlier in his career, Shapiro was a special assistant/​adviser to the Multi-​National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.

Customer reviews

4.6 out of 5 stars
116 global ratings

Top reviews from the United States

Ronald H. Clark
5.0 out of 5 stars The "circus" of Supreme Court nominations and some possible reforms
Reviewed in the United States on January 7, 2021
Verified Purchase
After his extremely rough Senate confirmation hearings, Justice Brett Kavanaugh characterized the process simply as a "circus." "You have replaced 'advice and consent' with 'search and destroy.' " And this from a successful nominee. This helpful book traces the history of Supreme Court nominations, highlights some of the deficiencies in the process, and offers some helpful suggested reforms. Reasonably the author suggests it is first necessary to look at the history of nominations and get informed, and then discuss some possible reforms.

The first section of the book (92 pages) traces most of the major confirmations from the early Court down to the New Frontier. But the author also includes a good helping of Court history as part of his discussion. For readers not knowledgeable about the Court's history, this section affords an important concise introduction. The second section (about 245 pages) concentrates on the modern era of appointments. from the Burger Court through to Kavanaugh (it does not include Justice Barrett). In both these initial sections, the author has really done his research and is quite informative. And although affiliated with the conservative Cato Institute here in Washington, he only occasionally takes pot shots as some of the liberal justices.

However, I found the most valuable section of the book to be the final one which discusses future diagnoses and possible reforms in the confirmation process. Since the process is now driven by issues of judicial philosophy rather than qualifications, politics are endemic to the process. Nonetheless, there are possible reforms. First up are term limits, which we hear about frequently in the media., but the author doubts if this would much improve the process. More radical reforms include expanded Court membership, breaking the Justices into three judge panels, and balancing the Court ideologically. Finally the author discusses the key issue of "legitimacy, especially as to Chief Justice Roberts' shifting positions. The author concludes that whatever you can say about legitimacy, it is largely overrated as a factor.

I agree with the author's conclusion that there are no silver bullets to reform the process, and also that the Court has become so overactive in so many different areas, that this has boosted the partisan dimensions of each new nomination off the scale. Adjusting this aspect might go a long way toward making the path to reform easier. This is one of the most effective and thoughtful books I have read on this topic. The 37 pages of notes attest to the author's thorough research. An essential book on this topic.
11 people found this helpful
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L. S.
5.0 out of 5 stars A must read for the coming "partisan Rorschach tests"
Reviewed in the United States on September 25, 2020
Verified Purchase
Shapiro knows the Supreme Court as well as anyone outside of the Justices themselves. This book, through clear-eyed and witty analysis, cuts through the messy debates about Supreme Court nominations. Drawing on a fascinating history and an amazing breadth of Supreme Court knowledge, Shapiro offers an excellent diagnosis of today's confirmation battles. He also offers a cure: "Let Texas be Texas and California be California. That's the only way we're going to defuse tensions in Washington..." And if we don't, then the contentious process for Kavanaugh ("a partisan Rorschach test") will only become a harbinger.
7 people found this helpful
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Henri IV
4.0 out of 5 stars Our Nominations in their Historical Background
Reviewed in the United States on February 5, 2023
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A good, detailed reminder that craziness, dirt and irrelevancy are the mainstream of the history of Supreme Court nominations. And even so, the system seems to work much better than most.
One person found this helpful
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S. E. Potts
5.0 out of 5 stars A thorough review of the roll of advice and consent
Reviewed in the United States on June 16, 2022
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This book and its audio companion do a great job of reviewing the legitimacy of the Supreme Court through the appointment of judges. The only unfortunate part of this book is that it only covers through 2018.
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Thomas Strenge
5.0 out of 5 stars Erudite and entertaining!
Reviewed in the United States on November 9, 2020
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Erudite and entertaining, this book lays out how we got to the dumpster fire that is today's Supreme Court confirmation process. There is also some insight into what a reform might look like. This book should be in your library if you are interested in the Highest Court of the Land.
2 people found this helpful
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Al Narraway
5.0 out of 5 stars Full of needed information
Reviewed in the United States on October 18, 2020
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This book provided an interesting education regarding the Supreme Court. Although I have had opinions on the Court during my life, this book provided the history and substance to reform my opinions and provided the information that will allow me to talk in a more informed manner going forward.
3 people found this helpful
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Shawn
4.0 out of 5 stars In depth coverage of the Supreme Court
Reviewed in the United States on April 20, 2022
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This was on our book club list. I was especially interested in the book after the recent Supreme Court nominations. Interesting read.
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James
5.0 out of 5 stars An engaging and thoughtful read
Reviewed in the United States on October 27, 2020
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Ilya Shapiro's even-handed (and remarkably timely) telling of the history of Supreme Court nominations is an excellent read, augmented by exceptionally sharp analysis of both the trends of the past and the possibilities for the future.
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Top reviews from other countries

Henri IV
4.0 out of 5 stars A Little Too Journalistic
Reviewed in the United Kingdom on January 16, 2023
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Narrative history should be written as just that: a narrative, a story. Mr. Shapira tends to give us lists of facts with no explanation or commentary.

In any case, this book will probably give some comfort to those who think that the judicial nomination system bounces back and forth between the politically twisted and the random. After all, it's always been that way, and it sometimes turns out well.
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