The Oath: The Obama White House and The Supreme Court

Tobin’s thesis remains basically the same as his last book: republicans have fought a thirty year war to wrest control of the Supreme Court from progressives / moderates and hand it to a brand of conservative activist that will undo much of the precedent formed over the past sixty years.

What has changed is the progress of that agenda and the author’s tone regarding it. His first book trumpeted the triumph of judicial moderation over an overtly political campaign to change the court. It even ends with a statement wondering aloud whether the political influence on the justices isn’t a good thing - we live in a democracy after all.

His second book mourns the ultimate victory of politics over precedent and I’ll tell you I didn’t see anything that looked like cheerleading for the political process and it’s democratic influence on the composition of the court. This felt like an obituary.

I thought the pedantic stuff, where you realize these folks are just people going to work every day, was the most interesting. Stephens included an extensive opinion in his biography cataloguing the reasons why it was a poor decision for the Chief Justice to move a desk in their conference room (acoustics are worse, fewer places to put pastries, and it goes on like that).

O’Connor clearly admitted to the author that she felt Bush and his administration were a travesty and an embarrassment as representatives of the US and on specific issues including criminal justice, civil rights, and minority rights. It’s fascinating, this doesn’t come thru at all in her authorized biography. I’d love to get that author (Evan Thomas) perspective. This comes across even more clearly than in the authors first book.

This authors amazing talent for deciding when the audience will enjoy detail. His description of how the solicitor general framed the argument for the ACA - how he clashed with coworkers and literally his whole biography and how it helped lead up to that argument. It’s one of those Robert Caro esque moments where he realizes he’s found something so interesting that the audience will want to know as much about it as possible. And he provides if.

All that said, the book feels less even handed than the last one and covers a more narrow sweep of history to boot. Sorta like being at a super bowl party with someone whose underdog team is up by ten in the first half (fIrst book) and then down by two touchdowns come the fourth quarter (this book).

It’s fine, but I’m not sure I’m recommending this one to anyone I know, whereas the last one is already on my wife’s bedside table.

An ok read if you really liked the first one.

Three stars