Nine Black Robes: Inside the Supreme Court’s Drive to the Right and Its Historic Consequences

CNN legal analyst Biskupic (The Chief) delivers a thorough analysis of how Donald Trump’s appointment of three conservative justices has changed the Supreme Court. Contending that the appointments “propelled the judiciary into a new period of polarization,” Biskupic notes that Neil Gorsuch “stubbornly resisted Court protocols and openly derided [Chief Justice John] Roberts’s reasoning in opinions.” Brett Kavanaugh’s bruising confirmation hearings left him torn between “his allegiance to conservative backers and his desire for acceptance among the legal elites who shunned him,” while his friend and fellow Catholic Amy Coney Barrett skillfully deflected questions about her opposition to abortion during her own hearings. The three newcomers emboldened conservative justices Clarence Thomas and Samuel Alito, while undermining the authority of Chief Justice Roberts, an institutionalist who was inclined to seek middle ground with the court’s liberal wing. The shift in power quickly led to rulings—on abortion, the separation of church and state, environmental regulation, and gun rights—that “reordered every part of American life,” while sending the Court’s public approval rating plummeting. Biskupic thoroughly analyzes the headline cases and provides background on the rise of the Federalist Society, the role of White House counsel Don McGahn, and more. Comprehensive and accessible, this is a valuable overview of a profound shift in American jurisprudence. (Apr.)