The Nine: Inside the Secret World of the Supreme Court

Justice Ginsburg is seen as a pioneer in the area of women’s rights. What are some cases she won as a lawyer to give her this distinction? What section(s) of the Constitution are they based on and how did they benefit women?

Choose one of the justices and read some of their major opinions. Is he or she considered liberal or conservative? Why? From the opinions, what can you glean about his or her judicial philosophy?

Today, the Federalist Society has a strong influence on the Republican Party in terms of nominees to the Supreme Court. As an organization, however, it is fairly young, founded in 1982. How did it get to be so powerful so fast? Trace its history, its key victories, and the main people involved with it to explain its rapid rise.

Toobin argues that the conservative revolution was complete in 2006-2007, after the addition of Justices Roberts and Alito to the Court. Review the Court’s major decisions since that time (Citizens United v. Federal Election Commission, Burwell v. Hobby Lobby, and others) to determine whether the Court is, in your opinion, more conservative. Why or why not? 

Some of the key issues during the period described in the book are abortion, the role of religion in public spaces, federalism, the death penalty, executive power, and the role of race in admissions to educational institutions. Pick one issue and follow its trajectory in cases that came before the Supreme Court during this time (roughly the early 1980s to 2007). Which justices had a strong impact in deciding the cases? How did the decisions change over time in terms of being considered liberal versus conservative?

In 2018, Brett Kavanaugh was confirmed as an associate justice to the Supreme Court under circumstances similar to those that Clarence Thomas faced. Compare the cases and explain how they were both similar and different. What changes in American society from 1991 to 2018 affected the Kavanaugh hearings and how?

Review the history of “originalism” as a judicial theory. What are its main tenets and who were its main proponents on the Court? Its opponents argue that the framers of the Constitution could not have envisioned technological advances or other profound changes in the future, so how do its adherents respond to this? In the latter’s view, how can a document written for a new country of roughly 4 million people be strictly applied to an established democracy of almost 330 million people? Do you agree or disagree?

The book mentioned the growing influence of international law on some of the justices, particularly Kennedy, after 2000. In his view, Americans felt that the U.S. Constitution should influence others abroad, so why should ideas not flow both ways? Do you think that the U.S. court system should take into account legal ideas and norms from other countries? Why or why not?