The Authority of the Court and the Peril of Politics, Breyer

         This book is an essay on "the importance of public acceptance in safeguarding the role of the judiciary." The publics willingness to follow and respect the Supreme Court's decisions is a habit developed over the past 200+ years. One the concept of unelected judges overruling elected officials works is that the Court minimizes cases likely to provoke strong disagreements. "The public now expects Presidents to accept decisions of the Court, including those that are politically controversial."

          Political considerations impact Court decisions. During WWII, the Court supported the internment of Japanese-Americans when Justice Black pointed out that Roosevelt had to run the war, not them. In the 1950's, the Court delayed for a decade addressing interracial marriage bans in order to allow 'Brown v. Board of Education' to become accepted. That said, the Court is not per se a political institution, and must not be perceived as such. Preventing the further politicization of legal issues is very important to the future of the Court. One way the Court avoids politicizing issues is to seek to address narrow statutory interpretations rather than making a broad, sweeping constitutional assertion.

           The cases on freedom of religion, speech and the right to abortion are the ones that garner most of the attention from the public and the media. Here, the judges try to find the ultimate end that the Constitution values. What is the 'spirit' the Constitution is addressing? In 'Brown', it was not just the equal protection clause, but "an affirmation of justice itself." We must remember that the "Constitution itself seeks to establish a workable democracy, to protect basic human rights, and to help hold together a highly diverse society..."

            Going forward our society must educate its populace in the rule of law, the importance of the courts, and the structure of our government;  that populace must participate in its community. "Trust in the Court...requires knowledge, it requires understanding, it requires engagement, it requires work, work, work on the part of all citizens."

               This is an excellent read and a very brief restatement of public remarks that Justice Breyer has made. I recommend it to all, and am not presumptuous enough to even think of grading it.