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A sweeping insider look at the life of William Brennan, champion of free speech and widely considered the most influential Supreme Court justice of the twentieth century
Before his death, William Brennan granted Stephen Wermiel access to volumes of personal and court materials that are sealed to the public until 2017. These are what Jeffrey Toobin has called “a coveted set of documents” that includes Brennan’s case histories—in which he recorded strategies behind all the major battles of the past half century, including Roe v. Wade, affirmative action, the death penalty, obscenity law, and the constitutional right to privacy—as well as more personal documents that reveal some of Brennan's curious contradictions, like his refusal to hire female clerks even as he wrote groundbreaking women’s rights decisions; his complex stance as a justice and a Catholic; and details on Brennan’s unprecedented working relationship with Chief Justice Earl Warren. Wermiel distills decades of valuable information into a seamless, riveting portrait of the man behind the Court's most liberal era.
- Sales Rank: #465110 in Books
- Published on: 2010-10-04
- Released on: 2010-10-04
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x 1.92" w x 6.00" l, 2.10 pounds
- Binding: Hardcover
- 688 pages
From Publishers Weekly
Starred Review. Congressional Quarterly reporter Stern and Wermiel, who teaches constitutional law at American University, have produced what will likely be the definitive biography of Supreme Court Justice William Brennan (1906–1997), arguably the most influential liberal justice in history. During 34 years on the court, he was instrumental in forming alliances with other justices resulting in majority opinions in such seminal cases as Roe v. Wade and Baker v. Carr (the one man–one vote case that changed America's political landscape). The book's strength is Wermiel's access to Brennan's private case notes (which are closed to the public until 2017) and dozens of interviews with Brennan himself. The case notes provide a detailed and fascinating account of how the Supreme Court functioned during Brennan's long tenure (from 1956 to 1990) that easily outshines recent high-profile books purporting to break the Court's seal of secrecy. Nowhere will readers find a better explanation of how the mix of personality and political philosophy drove, and presumably still drives, the Court. Both legal scholars and general readers will be delighted with this well-written, superbly documented biography, which may make liberals nostalgic for Brennan's court. 16 pages of b&w photos.
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
Review
"The authors balance differing accounts of Brennan the jurist and the man, presenting an evenhanded portrait of the affable but stubborn Justice."
--Kirkus Reviews
--The New York Times
"Those who want to understand the glory and the contradictions of a true progressive jurist should buy the first full-length biography, Justice Brennan: Liberal Champion, by Seth Stern and Stephen Wermiel."
--The Atlantic Online
"Brennan made a huge mark on our Constitution, and Stern and Wermiel illuminate his legacy remarkably well."
--Christian Science Monitor
"The definitive [Brennan] biography...a detailed and fascinating account... Both legal scholars and general readers will be delighted with this well-written, superbly documented biography."
--Publishers Weekly (starred review)
"This sweeping biography of one of the most influential justices ever to serve on the Supreme Court of the United States invites the reader to witness the details of William J. Brennan Jr.'s personal life, the darker moments, as well as those that shine. It seats the reader in Brennan's chambers to listen to his conversations and see the memoranda exchanged with other justices and his law clerks ... In sum, the biography is an intimate account of Brennan's life, especially his 34 years on the Court."
--Newark Star Ledger
"The book offers an intelligent and interesting account both of Brennan's decades on the Court and of the broader developments in American life that intertwined with the Court's work."
--Ed Whelan, National Review Online
"The book takes care to place decisions and opinions in the context of Brennan's personal history, judicial philosophy and larger societal factors. It's deliciously gossipy when discussing how certain justices voted and what their opinions were of each other, but that information's also vital when understanding how the court operated."
--Dan Herman, Pacific Northwest Inlander
About the Author
SETH STERN graduated from Harvard Law School in 2001 and has been a reporter for Congressional Quarterly since 2004.
STEPHEN WERMIEL, for twelve years the Wall Street Journal’s Supreme Court reporter, teaches constitutional law at American University Washington College of Law, where he also received his law degree.
Most helpful customer reviews
43 of 44 people found the following review helpful.
A well-written and insighful account of Brenann's life and career
By MarkK
Few Supreme Court justices have had a greater -- and more controversial impact -- on American history than William J. Brennan. Attacked by his opponents as a judicial activist, the decisions he authored over a thirty-four-year career on the Court expanded the rights of Americans, including those of such disadvantaged groups as minorities, criminal defendants, and the poor. Two decades after his retirement, his jurisprudence endures in helping to define our understanding of American law in many areas. Yet until now, Brennan's life and career has never received the degree of biographical attention such contemporaries as Earl Warren, Thurgood Marshall, and John Marshall Harlan have enjoyed. Seth Stern and Stephen Wermiel go far towards rectifying this deficiency with this book, which offers a searching examination of Brennan's life and career.
There was little in Brennan's early years to suggest the impact his career would have on the country. The son of an Irish immigrant who had made a career in New Jersey politics, Brennan worked hard to obtain an education. Graduation from Harvard Law School led to a job with Newark's preeminent legal firm, followed by wartime service and appointment to the New Jersey state bench. Brennan's background (particularly his Roman Catholicism) and his work in court reform led to his nomination to the Supreme Court by President Eisenhower, where he soon emerged as one of the Court's most prominent liberals in an era characterized by landmark decisions that helped to transform the nation. Though many of these decisions generated a political backlash that shifted the Court to the right and halted further progress, Brennan succeeded in entrenching many of his earlier gains with later decisions that preserved his legacy as a justice.
Well written and based on considerable research, Stern and Wermiel's book fills the longstanding need for a good biography of the justice. Their focus is on his tenure on the Court, as they cover the first fifty years of Brennan's life in a mere seventy pages while devoting the next 450 to his time on the Court and his role in the many decisions in which he participated. The authors' explanation of how these developed is one of the great strengths of the book, as they draw upon numerous interviews and Brennan's extensive collection of personal papers to give an insightful account of how these decisions evolved, an account that emphasizes the role of Brennan's political skills in contributing to his success on the Court. The result is a book that will stand for some time as the standard biography of the great liberal justice and the yardstick by which future studies of Brennan will be measured.
10 of 11 people found the following review helpful.
Our Most Complete Study of Justice Brennan
By Ronald H. Clark
A superior Supreme Court biography manifests a number of key features: discussion of family and educational background; analysis of pre-Court positions, especially judgeships; careful attention to how the subject was selected and confirmed for the appointment; some discussion of how the Justice interacted with colleagues, including the dynamics of decision-making; analysis of the subject's judicial philosophy; and reasonably detailed discussion of some of the Justice's key decisions. By these measures, this the most recent of many biographies of Justice Brennan (1906-1997) is an important addition to the Supreme Court literature.
One of the most interesting aspects of the book is how it came about. Apparently after the appearance of "The Brethren" (1979). Brennan became concerned about his public image. In 1986, he met with Stephen Wermiel, then covering the Court for the "Wall Street Journal," and agreed to cooperate in developing a biography. On top of 60 recorded interviews, Wermiel was given access to Brennan's papers, including "term histories" compiled by his clerks recounting important cases with which the Justice had been involved. Co-author Seth Stern took over lead writing responsibilities after Wermiel became an American University law professor, and he conducted further interviews and reviewed additional written sources such as conference notes and other material. In my experience, it is very unusual for such cooperation to be forthcoming from a Justice; the downside is that what we get primarily is Brennan's take on things, although the authors are fairly even-handed in their assessments. In any regard, what we are interested in are Brennan's views of the Court during his service, and they certainly come through loud and clear here.
The book is divided into Parts I-V, which are presented in chronological order. So, in Part I (1906-1956), are chapters on family background, legal education, initial lawyer experience, military service, ascending the New Jersey state court bench, and Brennan's involvement in state court reform activities. Part II (1956-62) contains some of the most important chapters in the book. An excellent chapter recounts how Brennan, a Democrat, was selected by Ike for the Court appointment. A succeeding chapter focuses on how Brennan adjusted to joining the Court, especially his relationship with Chief Justice Warren, Justice Frankfurter's courtship and eventual disappointment in Brennan, how Brennan used his clerks and developed his famous persuasive techniques, and some of the difficult areas he encountered early during his tenure, including obscenity, church-state separation, and national security issues.
Part III (1962-1969) shows Brennan at the pinnacle of his influence during the most critical (and controversial) period of the Warren Court. While important decisions in areas like obscenity, criminal justice, and civil rights are discussed, the book scores high points for not becoming too technical or detailed, and always keeping the focus on larger Court developments, such as how the loss of Justice Black, the resignation of Justice Fortas, and the death of Warren impacted on Brennan's ability to build coalitions. Another bonus is the authors focus on Brennan the person, for example in his decision to withdraw the offer of a clerkship to Michael Tigar. So the reader benefits from a triple focus: key Court decisions; how Brennan interacts with his colleagues; and Brennan the person.
Part IV (1969-82) shows Brennan in retreat, as Burger becomes Chief and Rehnquist joins the Court. Brennan turns Blackmun into an ally and plays a major, but behind-the-scenes, role in drafting the abortion decision. Marshall joins the Court as well, and Brennan is able to exert persuasive influence over Blackmun and Powell. But he fails to charm O'Connor, and as more conservative Justices join the Court, his influence falls to a low level. This trend continues in Part V (1983-1997), although Brennan can still work his persusaive magic on occasion. However, Justices Scalia and Kennedy exert more dynamic influence than Brennan. Brennan urges state supreme courts to take up the slack in protecting civil rights and liberties. On a personal basis, Brennan is reluctant about hiring his few women clerks. Bad health leads to his retirement in 1990.
This hefty volume runs some 650 pages, including notes. The 90 pages of endnotes and the discussion of "Sources" attest to the extensive research conducted by the authors. A number of helpful photographs are included. The authors are careful and thoughtful in rendering judgments; sensitive to views opposing those of Brennan; and critical of their subject at points. All and all, this is a very fine effort and well worth the attention of anyone interested in the Court and its dynamics.
15 of 18 people found the following review helpful.
Fascinating "Inside" Look at Warren/Burger Courts
By Noel C Paul
This excellent biography provides fascinating detail of the formulation of some of the most significant cases of the 20th century. I've never read a judicial biography that has so much "inside baseball" - and it will be loved by Court junkies. But it's also a crisply written and compelling story of 20th century US politics, intellectual history, religion, and gender relations -- told through the life of a towering figure of American history. Anyone interested in 20th century US history will really enjoy this fine book.
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