27 books like The Choices Justices Make

By Lee J. Epstein, Jack Knight,

Here are 27 books that The Choices Justices Make fans have personally recommended if you like The Choices Justices Make. Shepherd is a community of 12,000+ authors and super readers sharing their favorite books with the world.

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Book cover of The American Supreme Court

Gerald N. Rosenberg Author Of The Hollow Hope: Can Courts Bring About Social Change?

From my list on how the U.S. Supreme Court really works.

Why am I passionate about this?

I grew up in the 1960s when the Supreme Court was widely praised in liberal circles for its path-breaking decisions protecting rights. Inspired by this vision of rights through law, I went to law school and then to graduate school, including a couple of years in England where I was confronted with skepticism about the role of courts. Are liberal beliefs about the role of the Supreme Court correct? Can courts really produce progressive social change, not just on paper, but in practice? Most of my research and scholarship addresses these questions that go to the heart of the belief that Supreme Court decisions protecting and furthering rights matter.

Gerald's book list on how the U.S. Supreme Court really works

Gerald N. Rosenberg Why did Gerald love this book?

In just a few hundred pages McCloskey presents an historically focused examination of the conditions under which the Supreme Court succeeds and fails. 

Beautifully written, The American Supreme Court is aimed at an educated general audience. In discussing many of the Court’s most famous decisions it succeeds in demystifying the workings of the Court. First published in 1960, and now in its 6th edition, the book is a classic.

By Robert G. McCloskey, Sanford Levinson,

Why should I read it?

1 author picked The American Supreme Court as one of their favorite books, and they share why you should read it.

What is this book about?

For more than fifty years, Robert G. McCloskey's classic work on the Supreme Court's role in constructing the US Constitution has introduced generations of students to the workings of our nation's highest court.

As in prior editions, McCloskey's original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey's magisterial treatment to address developments since the 2010 election, including the Supreme…


Book cover of The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution

Gerald N. Rosenberg Author Of The Hollow Hope: Can Courts Bring About Social Change?

From my list on how the U.S. Supreme Court really works.

Why am I passionate about this?

I grew up in the 1960s when the Supreme Court was widely praised in liberal circles for its path-breaking decisions protecting rights. Inspired by this vision of rights through law, I went to law school and then to graduate school, including a couple of years in England where I was confronted with skepticism about the role of courts. Are liberal beliefs about the role of the Supreme Court correct? Can courts really produce progressive social change, not just on paper, but in practice? Most of my research and scholarship addresses these questions that go to the heart of the belief that Supreme Court decisions protecting and furthering rights matter.

Gerald's book list on how the U.S. Supreme Court really works

Gerald N. Rosenberg Why did Gerald love this book?

In this majestic study Friedman explores the relationship between public opinion and Supreme Court decisions over American history. 

Friedman’s central argument is that the Supreme Court does not stand apart from the rest of the society in which it operates. Building on the work of Robert McCloskey and Robert Dahl, Friedman argues that over time the Supreme Court reflects the views of society at large. 

The book is very well-researched and filled with fascinating, sometimes delightful, historical tidbits. It is written for an educated general audience.

By Barry Friedman,

Why should I read it?

1 author picked The Will of the People as one of their favorite books, and they share why you should read it.

What is this book about?



In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history’s most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority.

In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public.…


Book cover of The Supreme Court and the American Elite, 1789-2008

Gerald N. Rosenberg Author Of The Hollow Hope: Can Courts Bring About Social Change?

From my list on how the U.S. Supreme Court really works.

Why am I passionate about this?

I grew up in the 1960s when the Supreme Court was widely praised in liberal circles for its path-breaking decisions protecting rights. Inspired by this vision of rights through law, I went to law school and then to graduate school, including a couple of years in England where I was confronted with skepticism about the role of courts. Are liberal beliefs about the role of the Supreme Court correct? Can courts really produce progressive social change, not just on paper, but in practice? Most of my research and scholarship addresses these questions that go to the heart of the belief that Supreme Court decisions protecting and furthering rights matter.

Gerald's book list on how the U.S. Supreme Court really works

Gerald N. Rosenberg Why did Gerald love this book?

Lucas Powe’s magnificent study focuses on the relationship between the Supreme Court and elites throughout American history. 

The Court, Powe argues, is not an independent institution dedicated to protecting the rights of the disadvantaged. Rather, it works in tandem with elites to further their interests. The book is beautifully written and persuasively argued.

By Lucas A. Powe Jr.,

Why should I read it?

1 author picked The Supreme Court and the American Elite, 1789-2008 as one of their favorite books, and they share why you should read it.

What is this book about?

'The Supreme Court follows the election returns', the fictional Mr. Dooley observed a hundred years ago. And for all our ideals and dreams of a disinterested judiciary, above the political fray, it seems Mr. Dooley was right. In this engaging - and disturbing - book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics. The story begins with the creation of the Constitution and ends with the June 2008 decisions on the rights of detainees at Guantanamo Bay. Rendering crisp (and often controversial) judgments on key decisions from Marbury v. Madison to…


Book cover of The Supreme Court and the Attitudinal Model Revisited

Gerald N. Rosenberg Author Of The Hollow Hope: Can Courts Bring About Social Change?

From my list on how the U.S. Supreme Court really works.

Why am I passionate about this?

I grew up in the 1960s when the Supreme Court was widely praised in liberal circles for its path-breaking decisions protecting rights. Inspired by this vision of rights through law, I went to law school and then to graduate school, including a couple of years in England where I was confronted with skepticism about the role of courts. Are liberal beliefs about the role of the Supreme Court correct? Can courts really produce progressive social change, not just on paper, but in practice? Most of my research and scholarship addresses these questions that go to the heart of the belief that Supreme Court decisions protecting and furthering rights matter.

Gerald's book list on how the U.S. Supreme Court really works

Gerald N. Rosenberg Why did Gerald love this book?

How do Supreme Court justices make decisions? Law students are taught that justices apply a consistent and principled jurisprudence to examine the facts of the case before them, precedent, and the statue or constitutional provision at issue. 

Segal and Spaeth argue that this understanding is a myth.  Rather, they argue that Supreme Court justices base their decisions on their attitudes, values, and political preferences. Using the highly reliable US Supreme Court Judicial Data Base, compiled by Professor Spaeth, their analysis explains and predicts Supreme Court decisions with a stunning degree of accuracy. 

Their conclusion is that debates over originalism, judicial activism, judicial restraint, and the like are simply a distraction that hides the true reason justices decide cases.

By Jeffrey A. Segal, Harold J. Spaeth,

Why should I read it?

1 author picked The Supreme Court and the Attitudinal Model Revisited as one of their favorite books, and they share why you should read it.

What is this book about?

This book, authored by two leading scholars of the Supreme Court and its policy making, systematically presents and validates the use of the attitudinal model to explain and predict Supreme Court decision making. In the process, it critiques the two major alternative models of Supreme Court decision making and their major variants: the legal and rational choice. Using the US Supreme Court Data Base, the justices' private papers, and other sources of information, the book analyzes the appointment process, certiorari, the decision on the merits, opinion assignments, and the formation of opinion coalitions. The book will be the definitive presentation…


Book cover of Supreme Power: Franklin Roosevelt vs. the Supreme Court

Iwan W. Morgan Author Of FDR: Transforming the Presidency and Renewing America

From my list on why FDR was the greatest American president.

Why am I passionate about this?

I consider FDR the greatest of all presidents for leading America with distinction in the domestic crisis of the Great Depression and the foreign crisis of World War 2 and creating the modern presidency that survives today in the essential form he established. I have written books on Dwight Eisenhower, Richard Nixon, and Ronald Reagan during fifty years as a US history professor in UK universities. I always intended to write a book about how FDR reinvented the presidency that these Republicans inherited, something I finally did in ‘retirement’. My five chosen books explain the challenging times he faced and the leadership skills he displayed in meeting them.     

Iwan's book list on why FDR was the greatest American president

Iwan W. Morgan Why did Iwan love this book?

This is a fascinating account of FDR’s confrontation with the Supreme Court after it struck down many New Deal measures as unconstitutional expansions of federal authority. In response, he proposed a court-packing bill enabling him to appoint additional justices supportive of his policies, but this got nowhere in Congress because it threatened the constitutional separation of the powers. Nevertheless, Roosevelt still emerged victorious from the imbroglio. Wary of political backlash if it continuously opposed a popular president, the Supreme Court changed course to accept the New Deal once FDR abandoned efforts to pack it. This outcome preserved the judicial branch as a separate arm of the US government while upholding the ideal of a living Constitution whose interpretation changed with the times to make America’s democracy workable. 

By Jeff Shesol,

Why should I read it?

1 author picked Supreme Power as one of their favorite books, and they share why you should read it.

What is this book about?

Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices-and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.


Book cover of Justice on the Brink: A Requiem for the Supreme Court

Warner Blake Author Of J. S. White, Our First Architect: His Surviving Structures from 19th-Century Snohomish

From my list on covering the first draft of history.

Why am I passionate about this?

Warner is a multi-disciplinary artist who began with object theatre – writing, designing and building characters, and performing. Now, history writing is his primary focus, having written two books for 14 years, and still counting, writes a monthly blog, combining words and images to tell stories of early Snohomish. 

Warner's book list on covering the first draft of history

Warner Blake Why did Warner love this book?

Best to know up-front, I am a dedicated follower of the author. 

Linda Greenhouse once covered the Supreme Court for The New York Times between the years 1978-2008, yet, she is still contributing opinion pieces – perhaps on a First-responder status! 

Reading Greenhouse describing what just happened in the highest Court Room with a clarity that astounds me as I read the words, then a feeling of complete understanding. Like a backstage tour, during the performance, I just can’t get enough of her descriptive writing – it’s as if I’m there. 

This book sets the stage for the drama of Justice Amy Coney Barrett’s appointment by Donald Trump… and I assume you know what I’m talking about. A great read that makes us smarter.

By Linda Greenhouse,

Why should I read it?

1 author picked Justice on the Brink as one of their favorite books, and they share why you should read it.

What is this book about?

The gripping story of the Supreme Court’s transformation from a measured institution of law and justice into a highly politicized body dominated by a right-wing supermajority, told through the dramatic lens of its most transformative year, by the Pulitzer Prize–winning law columnist for The New York Times

“A dazzling feat . . . meaty, often scintillating and sometimes scary . . . Greenhouse is a virtuoso of SCOTUS analysis.”—The Washington Post

In Justice on the Brink, legendary journalist Linda Greenhouse gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in…


Book cover of My Beloved World

Cecilia Muñoz Author Of More than Ready: Be Strong and Be You . . . and Other Lessons for Women of Colour on the Rise

From my list on inspirational books for women color.

Why am I passionate about this?

Things may have gotten better for women compared to our mothers’ and grandmothers’ generations, but that is not to say that it’s easy to navigate work and life, the weight of others’ expectations, and the expectations we place on ourselves. Women of color have a particular set of challenges that others often can’t even see. I have been lucky: I have found wonderful guides and sources of inspiration, and I have been able to pass along what I have learned. Nobody should have to navigate these challenging waters on their own. We need buddies, confidantes, truth-tellers, and sources of inspiration.

Cecilia's book list on inspirational books for women color

Cecilia Muñoz Why did Cecilia love this book?

I believe in having heroes, and the more human and relatable they are, the better. In this book, Supreme Court Justice Sonia Sotomayor tells her amazing story while also showing that she is not so different from the rest of us.

And while it’s a fascinating and inspiring story, what I love about this book is the same thing that I love about the person who wrote it. She’s normal and relatable, a person who has struggled with diabetes since she was small, who grew up in the most modest of circumstances, and who rose to become the first Hispanic person on the Supreme Court both because she is extraordinary and because she is just like the rest of us. 

By Sonia Sotomayor,

Why should I read it?

2 authors picked My Beloved World as one of their favorite books, and they share why you should read it.

What is this book about?

#1 NATIONAL BESTSELLER • A “searching and emotionally intimate memoir” (The New York Times) told with a candor never before undertaken by a sitting Justice. This “powerful defense of empathy” (The Washington Post) is destined to become a classic of self-invention and self-discovery.
 
The first Hispanic and third woman appointed to the United States Supreme Court, Sonia Sotomayor has become an instant American icon.
 
In this story of human triumph that “hums with hope and exhilaration” (NPR), she recounts her life from a Bronx housing project to the federal bench, a journey that offers an inspiring testament to her own…


Book cover of The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind

Cliff Sloan Author Of The Court at War: FDR, His Justices, and the World They Made

From my list on understanding the Supreme Court.

Why am I passionate about this?

I have been fortunate to have had many Supreme Court experiences–seven arguments, a clerkship for Justice John Paul Stevens, head of Justice Stephen Breyer’s confirmation team, two books on the Court, analysis for the media, and my current Georgetown Law School position teaching constitutional law. I love to read about the Supreme Court and write and talk about the Court and its Justices. The vivid sagas that underlie the Justices and their cases help us to understand this powerful institution about which we know less than our other branches. It has never been more important to understand the Supreme Court and its role in American life and our constitutional democracy.

Cliff's book list on understanding the Supreme Court

Cliff Sloan Why did Cliff love this book?

Our public schools are where most people first encounter the power of the government. In this pathbreaking and dazzling book, law professor Justin Driver discusses the Supreme Court’s decisions on students’ rights, ranging from locker searches and drug testing to corporal punishment and dress codes. 

Driver’s prose is clear and engaging. His descriptions of the Court’s school cases bring the unforgettable litigants to life, almost as if he had written a short story collection. He skillfully uses the education cases as a lens for understanding the Supreme Court and its Justices.

By Justin Driver,

Why should I read it?

1 author picked The Schoolhouse Gate as one of their favorite books, and they share why you should read it.

What is this book about?

A Washington Post Notable Book of the Year
A New York Times Book Review Editors’ Choice

An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades.
 
Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory…


Book cover of I Dissent: Ruth Bader Ginsburg Makes Her Mark

Christy Mihaly Author Of The Supreme Court and Us

From my list on how the U.S. Supreme Court works.

Why am I passionate about this?

As a former lawyer, I want young readers to understand the judicial system and to appreciate how the structure of our government, with its three branches, buttresses our freedoms. That's why I wrote The Supreme Court and Us. My book surveys the court, its function, and some of its important cases. Reading it together with the other recommended titles will offer a multi-dimensional picture of the Court, its Justices, and its work. Each Supreme Court case is a fascinating story. I want to share these stories with kids. We need a knowledgeable new generation to be engaged in civic life – and these books are a good place to start.

Christy's book list on how the U.S. Supreme Court works

Christy Mihaly Why did Christy love this book?

This creative book showcases Ruth Bader Ginsburg and her frequent dissents from the Court's majority opinions. Beginning as a girl, Ruth often disagreed with other people's expectations. Using her strong-mindedness and intelligence and hard work, she excelled in college and law school, eventually overcoming prejudices against her as a woman and a Jew to become a law professor, a lawyer, and a judge. Author Debby Levy describes Ruth Bader Ginsburg's groundbreaking work as a lawyer seeking equality for men and women, including her numerous arguments before the U.S. Supreme Court. And in discussing Justice Ginsburg's own tenure on the Supreme Court, Levy highlights Ruth's friendship with her political opposite, Justice Antonin Scalia. This book offers readers a three-dimensional profile of an iconic Justice.

By Debbie Levy, Elizabeth Baddeley (illustrator),

Why should I read it?

2 authors picked I Dissent as one of their favorite books, and they share why you should read it. This book is for kids age 4, 5, 6, and 7.

What is this book about?

Get to know celebrated Supreme Court justice Ruth Bader Ginsburg-in the first picture book about her life-as she proves that disagreeing does not make you disagreeable!

Supreme Court justice Ruth Bader Ginsburg has spent a lifetime disagreeing: disagreeing with inequality, arguing against unfair treatment, and standing up for what's right for people everywhere. This biographical picture book about the Notorious RBG, tells the justice's story through the lens of her many famous dissents, or disagreements.


Book cover of In the Courts of the Conquerer: The 10 Worst Indian Law Cases Ever Decided

Stephen L. Pevar Author Of The Rights of Indians and Tribes

From my list on rights of Indian tribes and their members.

Why am I passionate about this?

In 1971, when I graduated from law school, I received a fellowship to help staff a Legal Aid office on the Rosebud Sioux Indian Reservation in South Dakota. I lived there for nearly four years, representing tribal members in tribal, state, and federal courts. I then worked for 45 years on the National Legal Staff of the American Civil Liberties Union (ACLU). One of my major responsibilities was helping Indian tribes and their members protect and enforce their rights, and I filed numerous cases on their behalf. During that time, I taught Federal Indian Law for more than 20 years and also published The Rights of Indians and Tribes. 

Stephen's book list on rights of Indian tribes and their members

Stephen L. Pevar Why did Stephen love this book?

The U.S. Supreme Court has often been filled with Justices who issued racist decisions against Indian tribes and their members. In reaching these decisions, these Justices often overlooked significant facts and created new legal principles to suit their purposes.

Mr. Echo-Hawk selected the 10 worst cases the Supreme Court had decided up to that point. He discusses the factual background of each case and explains why the Court’s decision is wrong, often revealing the Justices' known prejudices.

This book is an eye-opener for readers wondering whether Indian tribes have had a fair chance of winning cases in the Supreme Court.

By Walter R Echo-Hawk,

Why should I read it?

1 author picked In the Courts of the Conquerer as one of their favorite books, and they share why you should read it.

What is this book about?

Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.


Book cover of The American Supreme Court
Book cover of The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution
Book cover of The Supreme Court and the American Elite, 1789-2008

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