The Case Against the Supreme Court

By: Erwin Chemerinsky

Narrated by: Philip Hernandez

Both historically and in the present, the Supreme Court has largely been a failure

In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11.

No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

Critic reviews

Praise for Erwin Chemerinsky

“A catalyst for fundamentally changing the nation’s most important and . . . least democratic institution . . . A scholar with intellectual power, passion and pluck.”―Los Angeles Review of Books

"One of the shining lights of legal academia."―The New York Times

Praise for THE CONSERVATIVE ASSAULT ON THE CONSTITUTION

"Our Constitution depends on the courts to keep it alive; we all depend on Erwin Chemerinsky to remind us why that is so important. This book is essential reading for anyone who cares about preserving our constitutional birthright."--Susan N. Herman, Preseident, Amerian Civil Liberties Union

"Erwin Chemerinsky knows the Constitution as a legal scholar and the Supreme Court as a lawyer who represents clients there. It's a rare and poweful combination that makes him uniquely qualified to write this disturbing and persuasive book about the impact of the current Supreme Court's approach to constitutional interpretation."--Linda Greenhouse, lecturer, Yale Law School; former New York Times Supreme Court correspondent

A cogent and largely transparent assessment of the court’s history

This book is even more poignant with recent court decisions that further support the writer’s views and verdict

Brilliant, penetrating and of immediate concern

I'm working my way through all of Chemerinsky's books. His writing is clear, lucid, and compelling. This book, combined with Worse Than Nothing, is the best I've read on the long history of SCOTUS's failures to defend basic American ideals, liberties, and constitutional protection. Highly recommended.

Thoughtful analysis

The author gives very thoughtful analysis for his conclusions. Makes some valid points for revamping the court.

Splendid!

The Professor insightfully and thoroughly explains why both "sides" on the Supreme Court fail and how we might improve the Court. His is a thorough and fair take on how we got to this point, with credible suggestions for court improvement.