The most recommended books about the Supreme Court

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.

This book is about different abilities and being inclusive, written by Justice Sonia Sotomayor herself, partially based on her own lived experience of being diagnosed with diabetes as a child.

I love the thread of respect that infuses the book – a gentle push that we can stay curious and ask about things that we don’t quite understand when others seem different from us. As a bonus for the nerd in me, there is a baked-in deliberate practice component because many pages incorporate questions that each reader can answer for themselves.

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. 

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. 

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.

The issue before the court in 1983’s Immigration and Naturalization Service v. Chadha concerned one of the grandest principles of the American project, the separation of powers, but the facts of the case were all at a tragically human scale. Jagdish Chadha had come to the United States as a student, but when the INS determined he had overstayed his visa it was not clear what to do with him. Born in colonial Kenya to Indian parents and then moved to the United States, explains Craig, “he was not deportable but he had no visa, no papers of any kind to show prospective employers.” After Congress stepped in to intervene with the INS’s handling of Chadha’s case, using a fairly obscure mechanism known as the “legislative veto,” litigators working with Ralph Nader volunteered to represent him; they saw an avenue to pull back lawmakers’ ability to meddle with administration policy… show more.

In this superbly written account, Lane, a senior editor at The Washington Post, has drilled down into one of the most pivotal events that marked the waning days of Reconstruction: the massacre of perhaps as many as one hundred freedmen by an overwhelming force of heavily armed whites in rural Louisiana.

What took place at Colfax was a de facto coup. The mostly unarmed dead were citizens attempting to protect their democratically elected local Black town government; their killers were vengeful whites, many of whom were battle-tried Confederate veterans. Apart from the pounding account of the battle and massacre, I found Lane’s dissection of its political aftermath fascinating.

Colfax became the fulcrum on which the legal subversion of Reconstruction turned. As Lane amply shows, attempts to prosecute the killers failed when in a series of cases the U.S. Supreme Court ruled that only states, not the federal government, could prosecute… show more.

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.

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.

This is a wide-ranging, thought-provoking, accessible, informed, lively, and convincing economic history of the “long” 20th century (1870 to 2010). 

Among its many narratives, the book shows how “thirty glorious years of social democracy” ended around 1975 when the U.S. and other economies in the global north took “the neoliberal turn” in favor of relying more on the market to organize society. 

That history is essential context for understanding why the U.S. Supreme Court, beginning in the late 1970s and 1980s, relaxed the “structural era” antitrust rules in place since the 1940s, which had emphasized skepticism about growing concentration and the conduct of large firms in concentrated markets. 

The book also emphasizes the importance of technology-driven economic growth for human well-being. That perspective helps make the case today for economic policies that promote competition among firms, which fosters productivity and growth.