Fans pick 100 books like The Supreme Court and the American Elite, 1789-2008

By Lucas A. Powe Jr.,

Here are 100 books that The Supreme Court and the American Elite, 1789-2008 fans have personally recommended if you like The Supreme Court and the American Elite, 1789-2008. 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 Choices Justices Make

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?

Justice William Brennan reportedly would tell his new law clerks each year that the most important thing to understand about the Supreme Court was the number five. 

He meant that it takes the votes of five justices to set precedent and change the law. In this very readable study Epstein & Knight explore how justices act if they wish to move the law as close as possible to their preferred outcome. 

Based on careful reading of the papers of four Justices, Epstein & Knight make a persuasive case that justices who wish to change the law act strategically. That is, rather than casting a vote based on what they belief is the legally correct outcome, they often join majorities that don’t reflect their genuine beliefs but move the law closer to them.

By Lee J. Epstein, Jack Knight,

Why should I read it?

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

What is this book about?

The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions.

Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and…


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Book cover of The Deviant Prison: Philadelphia's Eastern State Penitentiary and the Origins of America's Modern Penal System, 1829-1913

The Deviant Prison By Ashley Rubin,

What were America's first prisons like? How did penal reformers, prison administrators, and politicians deal with the challenges of confining human beings in long-term captivity as punishment--what they saw as a humane intervention?

The Deviant Prison centers on one early prison: Eastern State Penitentiary. Built in Philadelphia, one of the…

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 The Supermajority: How the Supreme Court Divided America

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?

Every American needs to understand the current Supreme Court's aggressive new “supermajority.” 

The Court has quickly implemented far-reaching changes, eliminating reproductive rights; overturning gun safety laws; and sharply limiting the government’s authority to respond to crises ranging from COVID to climate change.

Michael Waldman brilliantly analyzes the new Court. He vividly places it in historical context, and, drawing on past eras, highlights possible democratic responses. In addition to illuminating the current moment, the book is a superb, readable, and highly informative one-volume history of the Supreme Court.

By Michael Waldman,

Why should I read it?

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

What is this book about?

A “terrific, if chilling, account” (The Guardian) of how the Supreme Court’s new conservative supermajority is overturning decades of law and leading the country in a dangerous political direction.

In The Supermajority, Michael Waldman explores the tumultuous 2021­­–2022 Supreme Court term. He draws deeply on history to examine other times the Court veered from the popular will, provoking controversy, and backlash. And he analyzes the most important new rulings and their implications for the law and for American society. Waldman asks: What can we do when the Supreme Court challenges the country?

Over three days in June 2022, the conservative…


Book cover of The Political and Legislative History of Liberia

Faith and Martin Sternstein Author Of Ten African-American Presidents

From my list on the history of Liberia, America’s stepchild.

Why are we passionate about this?

Faith “Zanweah” Sternstein grew up in Tappita, Nimba County, Liberia. Her heritage and cultural background is that of the Dan (Gio) ethnic group, where her lineage comes directly through Chiefs Tarpeh, Snagon, and Vonleh. She met her future husband, Martin Sternstein, when he served as Fulbright Professor at the University of Liberia. While much has been written about Liberia, there has been little serious research into the lives of the early presidents, and we much enjoyed filling in this gap. We subscribe to the African proverb: Until the lion tells his side of the story, the tale of the hunt will always glorify the hunter.

Faith's book list on the history of Liberia, America’s stepchild

Faith and Martin Sternstein Why did Faith love this book?

This scholarly two-volume treatise covers the history of Liberia from 1820 to 1944.

We often referred to this comprehensive study to point us to sources relating to our own research. The author carefully documents political, legal, and constitutional changes over a 125-year period. There is extensive quoting from primary sources.

This is not an easy read, but should be used as a reference for specific topics of interest. There is no comparative authoritative contribution to Liberia’s legal record.

By Charles Henry Huberich,

Why should I read it?

1 author picked The Political and Legislative History of Liberia as one of their favorite books, and they share why you should read it.

What is this book about?

A Documentary History of the Constitutions, Laws and Treaties of Liberia from the Earliest Settlements to the Establishment of the Republic, a Sketch of the Activities of the
American Colonization Societies, a Commentary on the Constitution of the Republic and a Survey of the Political and Social Legislation from 1847 to 1944. With Appendices Containing the Laws of the Colony of Liberia, 1820-1839, and Acts of the Governor and Council, 1839-1847. With Maps and Illustrations. Foreword by Roscoe Pound. With a new introduction by Nakomo Duche.

"Interesting questions of public law and of international law are raised by the history…


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Book cover of Who Is a Worthy Mother?: An Intimate History of Adoption

Who Is a Worthy Mother? By Rebecca Wellington,

I grew up thinking that being adopted didn’t matter. I was wrong. This book is my journey uncovering the significance and true history of adoption practices in America. Now, in the wake of the U.S. Supreme Court’s overturning of Roe v. Wade, the renewed debate over women’s reproductive rights places…

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 Case for Loving: The Fight for Interracial Marriage

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?

First of all, isn't that an awesome title? This narrative is a child-appropriate and compelling description of Mildred and Richard Loving and their path to the Supreme Court. The two got married in D.C. in 1958, when interracial marriage was illegal in their home state of Virginia. Returning home after the wedding, they were arrested, jailed, and told to leave the state. They took their case to court arguing that Virginia's ban on interracial marriage violated the Constitution, and the U.S. Supreme Court agreed. As described in the back matter, the creators of this book themselves have an interracial marriage. An author's note reflects on their lives and their perspective on the Lovings' story. 

By Selina Alko (illustrator), Sean Qualls (illustrator),

Why should I read it?

1 author picked The Case for Loving 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?

"I support the freedom to marry for all. That's what Loving, and loving, are all about." -- Mildred Loving, June 12, 2007

For most children these days it would come as a great shock to know that before 1967, they could not marry a person of a race different from their own. That was the year that the Supreme Court issued its decision in Loving v. Virginia.This is the story of one brave family: Mildred Loving, Richard Perry Loving, and their three children. It is the story of how Mildred and Richard fell in love, and got married in Washington,…


Book cover of The Step Between

Michelle Corbier Author Of Murder is Revealing

From my list on mystery for mature Black women.

Why am I passionate about this?

Like myself, each of these novels involved older professional Black women protagonists. Each of these authors presented multidimensional women experiencing circumstances that surpass culture and ethnicity. As women age, not only do we take on new roles, but we physically and emotionally change. I appreciate books with relatable characters coping with issues I experience—menopause, aging parents, an empty nest. Reading mysteries with fictional characters dealing with situations I experience makes me feel less isolated. 

Michelle's book list on mystery for mature Black women

Michelle Corbier Why did Michelle love this book?

Someone is trying to kill Carole Ann. As a Washington DC lawyer, Carole Ann embraces the challenge of working in DC’s competitive fast-paced environment, but that business has placed a bullseye on her back. She must figure out why while balancing work and her personal life. I appreciated how the author created a multidimensional woman that didn’t measure success by her romantic entanglements. 

By Penny Mickelbury,

Why should I read it?

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

What is this book about?

No matter how hard she tries to live the quiet life, trouble has a way of grabbing Carole Ann Gibson by the throat -- and this time all her famous intuition and raw courage might not be enough to save her.

In the heartbreaking aftermath of her husband's death, Carole Ann, widely known as "the best damn trial lawyer in D.C.," left her criminal-law practice for what she hoped was a safer, saner life as a partner in her friend Jake's security firm. But when the richest man in Washington, D.C., hires her to find his daughter, she is caught…


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Book cover of The Lion and the Fox: Two Rival Spies and the Secret Plot to Build a Confederate Navy

The Lion and the Fox By Alexander Rose,

From the author of Washington’s Spies, the thrilling story of two rival secret agents — one Confederate, the other Union — sent to Britain during the Civil War.

The South’s James Bulloch, charming and devious, was ordered to acquire a clandestine fleet intended to break Lincoln’s blockade, sink Northern…

Book cover of Why Socrates Died

Armand D’Angour Author Of Socrates in Love

From my list on the life, death, and thoughts of Socrates.

Why am I passionate about this?

I have studied the ancient world for over 50 years and have found that there are always new things to discover. Everyone thought that all that was known about Socrates had already been said, so I was excited to discover new evidence for his relationship with Aspasia - a woman of extraordinary influence and intellect - hiding in plain sight. I am a Professor of Classics at Oxford University and Fellow and Tutor in Classics at Jesus College, Oxford

Armand's book list on the life, death, and thoughts of Socrates

Armand D’Angour Why did Armand love this book?

Socrates’ trial and death together are a famous moment in classical history. This is a vigorous and authoritative scholarly investigation into the historical circumstances that led to Socrates being charged with impiety and corrupting the youth.

By Robin Waterfield,

Why should I read it?

1 author picked Why Socrates Died as one of their favorite books, and they share why you should read it.

What is this book about?

Socrates' trial and death together form an iconic moment in Western civilization. In 399 BCE, the great philosopher stood before an Athenian jury on serious charges: impiety and "subverting the young men of the city." The picture we have of it-created by his immediate followers, Plato and Xenophon, and perpetuated in countless works of literature and art ever since-is of a noble man putting his lips to the poisonous cup of hemlock, sentenced to death in a fit of folly by an ancient Athenian democracy already fighting for its own life. But an icon, an image, is not reality, and…


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 Choices Justices Make

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