The Nine: Inside the Secret World of the Supreme Court is a 2007 non-fiction book by legal analyst Jeffrey Toobin. Based in part on exclusive interviews with the justices and former law clerks, Toobin profiles the justices of the United States Supreme Court, the functioning of that institution, and how it has changed over the years. The book covers the years from 1994 to 2005. [1]
Publishers Weekly wrote of the book, "Toobin paints not a conservative revolution but a period of intractable moderation. The real power, he argues, belonged to supreme swing-voter Sandra Day O'Connor, who decided important cases with what Toobin sees as an almost primal attunement to a middle-of-the-road public consensus. By contrast, he contends, conservative justices William Rehnquist and Antonin Scalia ended up bitter old men, their rigorous constitutional doctrines made irrelevant by the moderates' compromises."
The book spent four months on the New York Times bestseller list. [2]
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all federal court cases, and over state court cases that involve a point of U.S. Constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions.
Sandra Day O'Connor is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and the first confirmed to the court. Nominated by President Ronald Reagan, she was considered a swing vote for the Rehnquist Court and the first five months of the Roberts Court.
David Hackett Souter is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat that had been vacated by William J. Brennan Jr., Souter sat on both the Rehnquist and the Roberts courts.
John Paul Stevens was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldest justice in the history of the U.S. Supreme Court and the third-longest-serving justice. At the time of his death in 2019 at age 99, he was the longest-lived Supreme Court justice ever. His long tenure saw him write for the Court on most issues of American law, including civil liberties, the death penalty, government action, and intellectual property. Despite being a registered Republican who throughout his life identified as a conservative, Stevens was considered to have been on the liberal side of the Court at the time of his retirement.
Warren Earl Burger was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul College of Law in 1931. He helped secure the Minnesota delegation's support for Dwight D. Eisenhower at the 1952 Republican National Convention. After Eisenhower won the 1952 presidential election, he appointed Burger to the position of Assistant Attorney General in charge of the Civil Division. In 1956, Eisenhower appointed Burger to the United States Court of Appeals for the District of Columbia Circuit. Burger served on this court until 1969 and became known as a critic of the Warren Court.
Laurence Henry Tribe is an American legal scholar who is a University Professor Emeritus at Harvard University. He previously served as the Carl M. Loeb University Professor at Harvard Law School.
John Glover Roberts Jr. is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. He has been described as having a conservative judicial philosophy though is primarily an institutionalist. He has shown a willingness to work with the Supreme Court's liberal bloc, and, after the retirement of Anthony Kennedy in 2018, he has been regarded as the primary swing vote on the Court. However, Roberts is no longer regarded as the Court's median vote following the replacement of Ruth Bader Ginsburg by Amy Coney Barrett in 2020; Brett Kavanaugh is now considered to have this role.
Leonard A. Leo is an American lawyer and conservative legal activist. He was the longtime vice president of the Federalist Society and is currently, along with Steven G. Calabresi, the co-chairman of the organization's board of directors.
Paul Drew Clement is an American lawyer who served as U.S. Solicitor General from 2004 to 2008 and is known for his advocacy before the U.S. Supreme Court. He established his own law firm, Clement & Murphy, in 2022 after leaving Kirkland & Ellis, following that firm’s decision to end its Second Amendment work. He is also a Distinguished Lecturer in Law at Georgetown University and an adjunct professor at New York University School of Law. He was nominated by President George W. Bush on March 14, 2005, for the post of Solicitor General, confirmed by the United States Senate on June 8, 2005, and took the oath of office on June 13.
Jeffrey Ross Toobin is an American lawyer, author, blogger, and longtime legal analyst for CNN. He announced his exit from CNN in August 2022.
Alexander Mordecai Bickel (1924–1974) was an American legal scholar and expert on the United States Constitution. One of the most influential constitutional commentators of the twentieth century, his writings emphasize judicial restraint.
David Benjamin Lat is an American lawyer, author, and legal commentator. Lat is the founder of Above the Law, a website about law firms and the legal profession.
Jeffrey Rosen is an American academic and commentator on legal affairs, who is widely published on legal issues and constitutional law. Since 2013, he has served as the president and CEO of the National Constitution Center, in Philadelphia.
On July 1, 1991, President George H. W. Bush nominated Clarence Thomas for the Supreme Court of the United States to replace Thurgood Marshall, who had announced his retirement. At the time of his nomination, Thomas was a judge on the United States Court of Appeals for the District of Columbia Circuit; President Bush had appointed him to that position in March 1990.
Janie Ledlow Shores was a judge on the Supreme Court of Alabama who was the first woman to ever serve on that court. Shores also was considered by President Bill Clinton in 1993 as a possible nominee to the United States Supreme Court.
President Barack Obama made two successful appointments to the Supreme Court of the United States. The first was Judge Sonia Sotomayor to fill the vacancy created by the retirement of Justice David H. Souter. Sotomayor was confirmed by the United States Senate on August 6, 2009, by a vote of 68–31. The second appointment was that of Solicitor General Elena Kagan to replace the retired John Paul Stevens. Kagan was confirmed by the Senate on August 5, 2010, by a vote of 63–37.
Anthony McLeod Kennedy is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was considered the swing vote on many of the Roberts Court's 5–4 decisions.
Donald Beaton Verrilli Jr. is an American lawyer who served as the solicitor general of the United States from 2011 to 2016. President Barack Obama nominated Verrilli to the post on January 26, 2011. On June 6, the United States Senate confirmed Verrilli in a 72–16 vote, and he was sworn in on June 9. Verrilli previously served in the Obama administration as the associate deputy attorney general and as Deputy Counsel to the President. He is currently a partner in the Washington, D.C. office of Munger, Tolles & Olson and a lecturer at Columbia University Law School, his alma mater.
Clarence Thomas is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1991. After Marshall, Thomas is the second African American to serve on the Court and its longest-serving member since Anthony Kennedy's retirement in 2018. Since Stephen Breyer's retirement in 2022, Thomas has been the oldest sitting justice.
Stephen Wermiel is an American legal scholar, historian, and professor of law at American University Washington College of Law specializing in First Amendment law and the history of the United States Supreme Court. Wermiel has written several biographical books about Supreme Court Justice William J. Brennan, Jr. Alongside Jamie Raskin, Wermiel co-founded the Marshall-Brennan Constitutional Literacy Project.