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Supreme Myths: Why the Supreme Court Is Not a Court and Its Justices Are Not Judges

4.6 out of 5 stars 15 ratings

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This book explores some of the most glaring misunderstandings about the U.S. Supreme Court―and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen.

Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law."

Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court―and how they should resolve cases―can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.

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Editorial Reviews

Review

“This book is well-written, and tells background stories about several cases that may be of interest to students and some professors. . . . Supreme Myths may be a good book for undergraduates studying American government, judicial process, or constitutional law. Summing Up: Recommended.” ―Choice

About the Author

Eric J. Segall is professor of law at Georgia State University College of Law in Atlanta, where he has been faculty since 1991.

Product details

  • Publisher ‏ : ‎ Praeger (February 22, 2012)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 240 pages
  • ISBN-10 ‏ : ‎ 0313396876
  • ISBN-13 ‏ : ‎ 978-0313396878
  • Item Weight ‏ : ‎ 1.16 pounds
  • Dimensions ‏ : ‎ 6.14 x 0.56 x 9.21 inches
  • Customer Reviews:
    4.6 out of 5 stars 15 ratings

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Eric J. Segall
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4.6 out of 5 stars
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Top reviews from the United States

  • Reviewed in the United States on January 19, 2019
    PRIMO FAST FIVE STAR PERFECTION! RECOMMENDED!
  • Reviewed in the United States on July 16, 2013
    Author does very job of supporting main view that supreme court is really not operating like a court and that its' justices are really not acting like judges. Author uses example after example to explain why the above is true. I am now firmly convinced that the supreme court is just another special arm of our legislature that is politically, not publicly, motivated. The only criticism I have of this book is that it seems to be directed at the legal community (people practicing law or studying law) and not to a layman like me. Overall a good book that teaches a lot and makes its' point well.
    9 people found this helpful
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  • Reviewed in the United States on August 24, 2014
    I bought it as a gift so I can't comment on the content. But the gift went over extremely well!
    2 people found this helpful
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  • Reviewed in the United States on February 20, 2017
    This book is a great read. I haven't thought about the author's thesis before, but it makes a lot of sense. The court's decisions are based on a lot of factors that have nothing to do with their understanding of the law. Some of the solutions proposed are great ways to solve that problem.
    One person found this helpful
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  • Reviewed in the United States on January 16, 2013
    Professor Eric Segall's book is an educating and eye-opening read to how our Court actually operates. It is apparent that Segall knows the material; he was able to repeatedly demonstrate how the Justices are not as judicial as they should be and provided good proposals as to how the Court could change for the better. I highly recommend this book to anyone (whether it is a gift for a lawyerly friend or for their own reading collection) who wants to know more about the Supreme Court, whether they are looking for a synopsis on any of the current controversial issues or for a compelling argument on why the decisions are so often 5-4 with the Justices almost always grouping together. Well done and well written.
    13 people found this helpful
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  • Reviewed in the United States on October 18, 2013
    The author presents a readable, compelling case for his thesis that the Court is seriously flawed, and provides reasonable suggestions for fixing it.
    4 people found this helpful
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  • Reviewed in the United States on June 28, 2024
    This is an informative book about the Supreme Court. Some of the interesting facts that the author of this book mentions includes the following information: The resolution of an issue will depend on who is on the Court when the issue is decided. Life-tenured Justices reach decisions based on their personal policy procedures. The Court decisions are based more on personal value judgements than legal reasoning. The Supreme Court is free to change its prior decisions, and thus, the laws, as it seems fit, and does so frequently. The Justices themselves have little incentive to be transparent about the job they do.
  • Reviewed in the United States on September 11, 2018
    I'm disappointed in this book and not because I don't really agree with his bottom line. I'm sympathetic with his concern that the Supreme Court has too much discretion and discretion that is not "legal" as much as policy motivated.

    He argues that (this is useful to underline) in the area of constitutional law -- at least outside of matters courts have special call to have expertise over (so a chunk of the Bill of Rights -- the criminal justice amendments basically -- aren't covered) -- the Supreme Court doesn't really act like a court. It has and uses discretion, not reliant on precedent, gets to choose its own cases and the deciding factor all too often is personal ideology. He provides various case studies such as race, guns and abortion. A liberal, he is evenhanded, believing Roe v. Wade wrongly decided.

    I find the whole thing an incomplete argument. First, it needed a chapter that put forth arguments by others justifying the current usage of judicial review. Second, it is unclear to me how different really lower court judges are (other than discretion, but the difference between Brett Kavanaugh vs. a liberal court of appeals judge still is quite significant). Third, there still are various limits on justices in practice.

    [To flesh out the last point. First, others have to apply the judgments here, so judges don't simply have carte blanche -- the whole neither sword or purse comment by Hamilton. Second, justices are creatures of their times to some extent and community, and simply doing whatever they want will cause difficulties. A judge grows out of a certain milieu, so to speak, and it affects their mindset. Third, if justices go TOO far, there is a chance for amendment or legislative action to restrain the courts. And, judges are part of collegial panels and have a tendency to work together and compromise. Thus, even in Bush v. Gore, Justice Ruth Bader Ginsburg was not as blunt as she might have been, according to one account, because Scalia challenged her. Other restraints probably can be cited.]

    Finally, the stopping point is unclear -- it would be helpful to suggest cases (other than Brown v. Bd., which don't really meet his test either -- it seems OBVIOUS now, but it wasn't then) that did meet his strict test (only very clear-cut cases of unconstitutionality should be overturned by the courts). Personally, I think Roe v. Wade fits the rule -- it protects basic equality as well as other express and implied constitutional rights & the case for it is rather clear. Again, people do disagree, but strong disagreement alone isn't enough -- Brown at the time was very open to debate, depended on part on who was on the Supreme Court, was applied using matters of policy as much as law etc.

    I think he does make his case enough to make the book useful especially since current assumptions warrant pushback. For instance, life tenure is open to question. OTOH, the book would greatly be improved by additions, including comparisons to foreign alternatives to show what a true supreme COURT would look like. The author is on Twitter and at Dorf on Law.
    4 people found this helpful
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