Review of "Out of Order: Stories from the History of the Supreme Court" by Sandra Day O'Connor

This isn't a scholarly treatise on the Supreme Court, nor is it Sandra Day O'Connor's memoirs about her years as a justice. So If you're looking for a serious book along those lines, this isn't it. However, if you want a quick overview of the court's history, illuminated by interesting (and entertaining) anecdotes, this is the book for you. 

Justice Sandra Day O'Connor



To be fair, O'Connor does briefly mention a few groundbreaking historical cases, such as Marbury vs. Madison (1803) - which was the first ruling to declare a law unconstitutional; Plessy vs. Ferguson (1896) - which legalized 'separate but equal' facilities for blacks and whites; and Brown vs. Board of Education (1954) - which reversed Plessy by declaring that segregation in public schools is illegal. These cases are just mentioned in passing, however, and not the focus of the narrative.

The book is divided into chapters, each of which addresses a different aspect of the Supreme Court's history.

- To start with, O'Connor talks about clashes between the President (of the moment) and the Supreme Court.

One of the most telling examples of such a skirmish was the 1937 'judicial reform bill' proposed by President Franklin Delano Roosevelt (FDR). 

 President Franklin Delano Roosevelt

Also called the 'court packing bill', the law sought to increase the number of Supreme Court Justices from nine to fifteen. Ostensibly, FDR was concerned about the increasing age and heavy work load of the justices. 😴 In reality, however, FDR was angry that the Court gave thumbs down to much of his 'New Deal' legislation, and wanted to appoint justices who'd vote his way. To FDR's dismay, the court packing plan failed to pass.



- The next section of the book discusses the most influential Supreme Court appointees of various past Presidents. This chapter is rather dry (to me), but probably of interest to history buffs.

- Then comes a summary of the changing locations of the Supreme Court. When Sandra Day O'Connor was sworn in as a Supreme Court justice in 1981, the court was at its present Washington, DC location - a majestic building with marble stairs and bronze doors. However, it took 145 years to get there. 

Supreme Court Building
 

The first Supreme Court sessions, in 1790, were held in the Merchants Exchange Building in New York City. The Court then moved to Philadelphia, where it was housed in Independence Hall followed by City Hall. 

Independence Hall
 

Finally, the Court migrated to Washington, DC, and in 1925 Chief Justice William Howard Taft envisaged the current building - which highlights the judiciary's dignity and independence. 

Chief Justice William Howard Taft

*****

- The subsequent section tackles the changing roles and workload of Supreme Court Justices. During the Supreme Court's first century - from 1789 to 1891 - the justices' primary duties were to 'ride circuit' - or serve as roving trial judges in the lower federal courts. The justices traveled thousands of miles each year to preside over trials and appeals.

The reason was 'good old-fashioned yankee frugality.' The country was cash poor and in debt, and Congress saw circuit riding as getting two courts for the price of one. 

All the same, circuit riding was a grinding burden on the justices. While they spent six weeks hearing cases for the Supreme Court, they might spend six months riding circuit - on horseback, via carriage, by stagecoach, and later by railroad. The judges were separated from their families, traveled over rough roads in terrible weather, consumed awful food, and sometimes had to share rooms....even beds.....with repellent characters. To add insult to injury, the justices had to pay the entire expenses of their travels out of their salary, which wasn't generous. In 1838, Justice John McKinley's duties on the 9th circuit (Alabama, Louisiana, Mississippi, and Arkansas) required him to travel 10,000 miles!!

 Justice John McKinley


The justices breathed a huge sigh of relief in 1891, when circuit riding ended.

*****

The justice's workload on the actual Supreme Court also changed dramatically over time. During it's first 100 years or so, the Court had to hear ALL submitted appeals, which was manageable at first. However, applications for review - called 'petitions for certiorari' - skyrocketed as the country grew. To ensure an acceptable workload, the Supreme Court had to limit the number of cases it accepted.



On O'Connor's first day on the Supreme Court, she was presented with many hundreds of petitions for certiorari, out of which the justices eventually chose 159 for review. Today, the Court hears about 90 cases a year, selected from 8,000 requests. So, when a litigant threatens 'to take their case to the Supreme Court', they can certainly try......but they probably won't succeed. 😒

- In the next chapter, O'Connor discusses oral advocacy at the Supreme Court. Not any old lawyer can appear before the highest court in the land. To be allowed to argue a case, attorneys must be 'accepted' to practice before the Court.

During the Supreme Court's first two sessions in the 1790s, fewer than 30 lawyers were accepted per year, and - for a long time after that - around five attorneys were added annually. Now there are about 4300 attorney admissions per year, a huge increase - necessary because legal issues have expanded in number and complexity. Of course most of the attorneys never actually stand before the justices, but there are other perks like: preferred admission and seating for courtroom arguments; access to the court's library; and having an impressive document to frame. 👍💕

Oral advocates need to be 'the best of the best' because it's their job to spell out the legal issues involved in their client's case, present the strongest possible argument in their client's favor, and offer ways to resolve disparate issues. Perhaps most daunting of all, the advocates must be prepared to answer justices' questions.....which tend to come hard and fast! 😓

O'Connor notes that Daniel Webster - who practiced before the Supreme Court from 1812 to 1852 - is considered one of the most brilliant oral advocates in history. With his golden tongue, knowledge of the law, and literary allusions, Webster could speak for hours - and in a case involving Dartmouth College (his alma mater), Webster actually brought himself to tears when he said: "Sir, you may destroy this little institution; it is weak, it is in your hands! I know it is one of the lesser lights in the literary horizon of our country. You may put it out! But if you do so, you must carry through your work! You must extinguish, one after another, all those great lights of science which for more than a century have thrown their radiance over our land! It is, Sir, as I have said, a small college. And yet there are those who love it!" 😥 Webster won the case.



Oral advocacy has changed a lot since Webster's day. During the first half-century of the Supreme Court, oral arguments could take hours, even days - with all manner of flamboyance, dramatics, and flourishes. In fact, oral arguments were considered a form of entertainment, and attracted visitors of all stripes....especially women.

As the number of cases increased, however, the time allotted to oral arguments decreased. In 1848, oral arguments were limited to two hours per side; in 1925, they were reduced to one hour per side; and in 1970, to 30 minutes per side.....which continues to this day. 

The length of briefs submitted to the Supreme Court also changed over the years. In the beginning, there was no page limit, and attorneys sometimes submitted 'books', crammed with every single thing they could think of. Today, petitions for certiorari can't exceed 9,000 words and briefs in cases scheduled for oral argument can't be longer than 15,000 words. So lawyers have to marshall their best arguments prior to appearing before the Court, focusing attention on the most important issues.

- Like any institution, the Court has developed customs and traditions over the years. O'Connor notes that some conventions shape the manner in which the Court does its work. For instance, when the justices meet privately to discuss a case, they speak and vote in order of seniority. And, at one time or another, all the justices are asked to write opinions for a case. 

On the lighter side, some customs foster good relations among the justices. For example, after oral arguments the justices lunch together, during which time work is not to be discussed. And the most junior justice has the responsibility for choosing food for the Supreme Court’s cafeteria. So Justice Elena Kagan added frozen yogurt and pretzels to the menu. 🍦🥨

- The subsequent section is about the oath of office. All federal employees - including Supreme Court Justices - must take an oath of office - swearing to support and defend the Constitution. In fact, justices take two oaths of office (which can be combined). This segment of the book describes where and when various justices took their oaths, and who administered them.....usually a Chief Justice or the President. I found this chapter a bit dull, but some readers might like it.

- To liven things up the next topic is humor on the bench. The serious environment of the Court is sometimes spiced up by the occasional joke. Like everyone else, the justices like a good laugh....and the laughs sometimes take place in the courtroom.

In 2005, a law professor studied transcripts of 75 oral arguments from the October, 2004 term of the Supreme Court. The professor then set about calculating the number of 'laughter episodes' generated by each justice during oral presentations. Justice Antonin Scalia won by a landslide, with 77 laughter episodes 😁; 

Justice Antonin Scalia

 Justice Stephen Breyer came in a distant second with 45 bouts of laughter 😃; 

Justice Stephen Breyer

......and Sandra Day O'Connor - who's apparently not too funny - was in seventh place 🙂.

Justice Sandra Day O'Connor

 

Speaking about Scalia, Justice Ruth Bader Ginsberg said he was sometimes SO FUNNY that she had to pinch herself to keep from laughing out loud in the courtroom.

One source of giggles occurs when oral advocates mix up the justices. Justice David Souter was called by the wrong name on several occasions, and once was even called Justice Ginsberg. He responded with a deadpan, "You're very flattering."

Justice David Souter


Justice Ruth Bader Ginsberg


- Towards the end of the book O'Connor discusses some of the most memorable Supreme Court justices in history - one of the finest being Oliver Wendell Holmes,

Justice Oliver Wendell Holmes

...... and the absolute worst being James McReynolds.

Justice James McReynolds

Since villains are sometimes more colorful than heroes, I'll summarize O'Connor's thoughts about McReynolds.

McReynolds (who served on the Court from 1914 to 1941) "was an astonishingly mean and bigoted character." Born in Kentucky in 1862, McReynolds was a southern gentleman of the old school, raised with fundamental values. He considered anyone who disagreed with him to be stupid or evil, and was quick to turn an argument into a fight. As a justice McReynolds was abrasive, and would write "this makes me sick' on his colleagues' circulating opinions. He voted down New Deal legislation, and referred to FDR as “that crippled son-of-a-bitch in the White House.”

McReynolds was an outspoken anti-semite, and behaved badly towards Justice Louis Brandeis and Justice Benjamin Cardozo, both of whom were Jewish. In fact McReynolds conspicuously read a newspaper during Cardozo's swearing in ceremony. McReynolds was also an unabashed racist, and treated his black employees with condescension, using one as a 'bird-dog' - who sloshed through water to retrieve game - on hunting trips.

When McReynolds died, none of his fellow justices attended the funeral.

- O'Connor concludes the book with Supreme Court 'firsts.' I'll just give a few examples.


◻ The first Chief Justice was John Jay (1789)

Chief Justice John Jay

◻ The first Catholic justice was Roger Taney (1836).

 Justice Roger Taney

◻ The first woman to practice before the Supreme Court (as an oral advocate) was Belva Lockwood 
 (1879).

 Lawyer Belva Lockwood

◻ The first Jewish justice was Louis Brandeis. (1916)

Justice Louis Brandeis

◻ The first African-American law clerk was William T. Coleman, Jr. (1948)

 Law clerk William T. Coleman

◻ The first professional football player to become a justice was Byron White (1962).

 Justice Byron White

◻ The first African-American justice was Thurgood Marshall (1967).

Justice Thurgood Marshall

◻ The first woman justice was Sandra Day O'Connor (1981).

Justice Sandra Day O'Connor

 

  *****

O'Connor doesn't dish any dirt in this book, and doesn't have a cross word for any of her fellow justices. She also has no comment about controversial decisions made during her tenure on the Court - like handing the presidency to George W. Bush. Maybe she'll address more controversial topics in another volume.

I enjoyed the book, which gave me a glimmer of optimism during these dark days (for me). Supreme Court justices come and go, but democracy (seemingly) carries on. During an interview for NPR, O'Connor said: "I thought the justices did a good job of discussing the issues in a decent way in which everyone had the opportunity to express their views and that they would be fairly considered by everyone. I thought we had a pretty good system going."



I'd recommend the book to readers interested in the Supreme Court.

Rating: 3.5 stars

Review of "The Nowhere Man: An Orphan X Novel" by Gregg Hurwitz

This is the second book in the 'Orphan X' series. It's best to read the books in order.

*****

Evan Smoak was once part of the government's 'Orphan Program', a secret operation that taught boys and girls to be highly skilled assassins.



Evan, known as Orphan X, began his training at the age of twelve and started doing jobs at nineteen - backed by every kind of cutting edge technology and unlimited access to cash.



After ten years or so, Evan quit the Orphan Program and settled in Los Angeles, where he uses his special skills - and bottomless bank accounts - to help people in dire straits. Calling himself 'The Nowhere Man', Evan carries an untraceable RoamZone phone, where a tormented person can call and ask for assistance.😫



At the beginning of the book, Evan is contacted by 15-year-old Anna Rezian, who's about to be sold into sexual slavery by Hector Contrell.



Evan assists Anna and terminates Hector's operation with extreme prejudice. Evan then discovers that Hector just sent off a 17-year-old girl named Alison Siegler, whose shipping container prison is scheduled to arrive in Jacksonville in sixteen days.



Evan has every intention of being in Florida to rescue Alison, and dispatch her buyer.🔪

Just as Evan is making this plan, he's abducted and locked up in a highly sophisticated 'prison.' Evan's room has a bed, bathroom, desk, fireplace, and patio, as well as custom-made clothes in his size.



There are also surveillance cameras, vents that can pump in knockout gas, and Narco guards outside his room and all over the property.

Evan soon discovers that he's being held by a sociopath who calls himself René. René is a paunchy, balding middle-aged man who's desperate to look and feel young so he can enjoy his opulent lifestyle, including a lavish home, expensive furnishings, priceless art, fabulous food, excellent liquor, attractive lovers, fancy cars, and so on.



René's method of maintaining his 'youth' includes using concealer, hair-filler, lotions, and tonics - as well as infusing himself with youthful blood. To finance all this rigmarole, René kidnaps wealthy people and forces them to hand over their fortunes. 🤑

René somehow learned about one of Evan's secret bank accounts - which contains 27 million dollars -and he plans to force Evan to do a wire transfer. René has badly miscalculated however. He thinks Evan is an arms dealer or drug trafficker, and has no idea that Orphan X is one of the deadliest assassins in the world.

Evan makes excellent use of his training and abilities to kill René's Narcos and bodyguards, but the psychopath just keeps replacing the dead men.




Evan also cleverly discovers his geographical location, and tries to formulate an escape plan - which will have to succeed if he's going to save Alison Siegler.

The story has chapter after chapter about Evan's clever maneuvers - like shinnying up a chimney, palming a poison mushroom, and doing incredible things with a Lexan vault.



There are also innumerable fight scenes, all of which are described in minute detail. For me, a lot of this was repetitive and over-the-top (though I admire author's ability to choreograph Byzantine combat scenes).

In a side plot, Charles Van Sciver - the current head of the Orphan Program - is tasked with hunting down and killing 'retired' Orphans, because they know too much. Van Sciver is especially determined to bump off Orphan X, with whom he has a long history.



So, when Van Sciver gets a cyber-sniff of the extremely elusive Evan Smoak, he sends out sexpot Candy McClure to try to locate/capture/kill Evan. Candy is quite a girl, very confident about her ability to bamboozle men with her voluptuous body. 💋



For me, the most exciting part of the book was the final quarter, where things got REALLY interesting. Nuff said without spoilers.

The story is chock full of action, but has a very thin plot, and isn't as good as the first novel in the series. Nevertheless, I'd recommend the book to Evan Smoak fans. He's a hero worth rooting for. 👍

Thanks to Netgalley, the author (Gregg Hurwitz) and the publisher (Minotaur Books) for a copy of the book. 

Rating: 3 stars

Review of "Flush" by Carl Hiaasen

This is one of Carl Hiaasen's middle-grade books. Like the author's adult novels, it tells an amusing story while addressing the topic of environmentalism and conservation in south Florida.🌴🌺🐠

*****

Eleven-year-old Noah Underwood's dad, Paine Underwood, is an environmentalist who's very protective of the Florida Keys - where the family lives.



So when Paine learns that Dusty Muleman - crooked owner of the casino-boat Coral Queen - regularly (and illegally) dumps the ship's toilet waste into the ocean.....



….. Paine sinks the ship. This lands Paine in jail but doesn't do much to stop Dusty, who resurrects the boat and goes on with his business.



Unfortunately, Paine can't prove his charges against Dusty, since the shipowner flushes the waste at night, when no one is around. Moreover, Paine refuses to be bailed out of jail until something's done about the poop pollution, which causes financial problems for the Underwood family.....and aggravates Noah's mom. So Noah and his younger sister Abbey decide they'll expose Dusty's filthy deeds. 😫



At his father's suggestion, Noah tries to enlist the help of Lice Peeking, who used to work on the Coral Queen. Lice, a skeevy guy who hates to bathe, knows about the illegal dumping - and agrees to help for a steep price.



But Lice is an untrustworthy drinker who's scared of Dusty, and he doesn't come through.

Hence Abbey - in a true 'don't try this at home' maneuver - sneaks out of her bedroom window after midnight, video camera in hand. Abbey gets a good vantage point and films Dusty's unlawful dumping, but the video is blurry and can't be used as evidence.



As Noah and Abbey try to hatch a better plan, they score an ally. Lice Peeking's girlfriend Shelly, a brassy blonde with a heart of gold, agrees to help take Dusty down. So Shelly takes a bartender job on the Coral Queen, to scope out the boat's layout.....



…..and the three conspirators come up with a genius plan to expose Dusty's wrongdoing. (I can't describe the plan because of spoilers, but it's a good one!)😊

While all this going on, Noah is repeatedly harassed by Dusty's son Jasper Jr. and his cohort Bull - who knock Noah off his bike, hit him, spit on him, and so on.



Noah and Abbey are also in the sights of Dusty's strongman Luno, who might even stoop to killing children. Luckily, a swashbuckling stranger appears out of nowhere to help the siblings. Who is that masked man? (Just joking.....he doesn't wear a mask.)😎



In the end, the accomplices carry out their scheme, which is more dangerous than they anticipated.

The story is clever and fun, but also makes a serious point about preserving the ecosystem. I think many readers of all ages would enjoy this book.

Rating: 3.5 stars

Review of "The Nature of the Beast: A Chief Inspector Armand Gamache Mystery" by Louise Penny

In this 11th book in the 'Chief Inspector Armand Gamache' series, Gamache is retired and living in the Québec village of Three Pines.



There he gets involved in a situation that has dire international implications.....and costs a child his life. The book provides enough background information to be read as a standalone.

*****

Chief Inspector Armand Gamache was once head of the homicide department at the Sûreté du Québec. After spending years rooting out corruption at the Sûreté, and having recovered from a gunshot wound, Gamache has now retired to the Québec village of Three Pines- which isn't far from the Vermont border.



Gamache, his wife Reine-Marie.....



and their German Shepherd Henri.....



are happily ensconced in the picturesque town, which is filled with endearing and eccentric people.

One of the most imaginative residents of Three Pines is nine-year-old Laurent Lepage. Laurent loves to explore the woods on his bicycle - with his trusty 'rifle' (stick) for protection - and always reports seeing otherworldly creatures and the like.



So no one pays much attention when Laurent runs into the bistro one afternoon, with a story about seeing an enormous gun in the forest - manned by a monster.

The next day young Laurent is missing, and a feverish search reveals the boy's dead body in a ditch, presumably the result of a bike accident. But the scene looks 'iffy' to Chief Inspector Gamache, and Laurent's ever-present 'rifle' is missing. Gamache organizes a hunt for the stick, and lo-and-behold it's found beside a heavily camouflaged missile launcher - as big as a house - with a picture of a monster etched onto it. Moreover, the barrel of the enormous gun is pointed toward the United States. What the hell??!! 😮



It's now pretty clear that Laurent was murdered, and that his body was moved to prevent discovery of the hidden armament.

Gamache no longer has authority to investigate homicides, so the Sûreté sends Chief Inspector Isabel Lacoste and Inspector Jean-Guy Beauvoir (Gamache's son-in-law) to look into Laurent's death.



Moreover, the missile launcher attracts the attention of the Canadian Security Intelligence Service (CSIS), which deploys two agents to Three Pines. The CSIS employees - a dowdy woman and a nondescript man - claim to be paper pushers when they're at home.....and they're plainly not '007.' But appearances can be deceiving.....



Before long there's another murder in the village, and it becomes clear that someone is desperate to find the plans for the missile launcher, perhaps to sell them to a third world dictator. The police suspect that the current mayhem in Three Pines harks back to a time, decades before, when a number of Quebecois - including several from the village - worked in the weapons industry. Most of these former munitions people seem to be dead, so the homicide cops and intelligence agents have their work cut out for them. It's not going to be easy to catch the killer and safeguard the plans for the super-gun.

Gamache helps the investigation from the sidelines while he contemplates his future. Among other job offers, the Chief Inspector has been offered a position with the United Nations, and has also been asked to return to the Sûreté - as head of the whole shebang. (This would probably be a good move, since some rude and disrespectful detectives - who were trained during the era of corruption - need ousting!!)



Louise Penny's 'Chief Inspector Gamache' novels tend to be hit or miss (for me), with the best ones combining a great mystery with lively interactions among the populace of Three Pines - accented by fun conversations, good food, and amusing scenes with Henri (the German Shepherd). This book has a compelling mystery with international implications. Unfortunately, the characters don't shine in this story.....though Henri does gaze lovingly at his crush, Rosa the duck (which always cracks me up.)



Though this isn't my favorite Louise Penny book, it's an okay mystery. I'd recommend it to thriller buffs, especially fans of the 'Three Pines' series.

Rating: 3 stars

Review of "Less Than A Treason: A Kate Shugak Mystery" by Dana Stabenow

In this 21st book in the 'Kate Shugak' series, the Alaskan private investigator searches for a missing man. The book can be read as a standalone, though familiarity with the characters is a bonus.

*****



As the story opens, Aleut private investigator Kate Shugak is in a hospital in Niniltna, recovering from a bullet wound....



.....and her injured half-wolf/half-husky Mutt is missing, perhaps dead.



Kate can't abide appearing weak, so - against medical advice - she checks out of the hospital and disappears.....leaving no word for anyone, not even her boyfriend Jim Chopin.

For his part, Jim Chopin - a flyboy Alaska State Trooper - blames himself for not protecting Kate.....and for abandoning a bleeding Mutt when he rushed Kate to the hospital. 😒



Distraught, the Trooper quits his job and - to distract himself - builds a runway for the plane he hopes to buy with his recent inheritance. Knowing Kate needs her privacy, Jim doesn't try to contact her, but the situation is tearing him up.

After four months in her remote cabin in the Quilak Mountains - during which time Kate rebuilds the entire structure - the Aleut PI is healed and considering her next move. Kate's hand is forced, however, when a passing orienteer discovers a pile of human bones near Kate's cabin.



Knowing the body has to be identified, Kate photographs and packs the bones, then heads back to Niniltna.



Kate delivers the disjointed skeleton to the authorities, then bunks down in Auntie Vi's boarding house. There Kate meets Sylvia McDonald, who's in town looking for her husband Fergus.



Fergus - a geologist at the local Suluutaq Mine - went exploring on his day off.....and disappeared.



Sylvia hires Kate to search for Fergus, and gives the sleuth a substantial retainer.

The next day Sylvia is found dead in a ditch, the victim of foul play. Kate is certain that Sylvia's death is related to Fergus's disappearance, and continues searching for the vanished geologist in the National Park surrounding Niniltna. During Kate's investigation another death occurs, and - while traveling 'outside' (away from the park) - Kate gets some valuable information.

Meanwhile, other troubling things are happening in the region. Kate's cousin Martin Shugak - a bootlegger and petty criminal - has vanished; two thugs from Chicago are hanging around, asking questions about Martin; and elderly grasping billionaire Erland Bannister has been visiting the area frequently...for no good purpose, in Kate's opinion.



While Kate searches for Fergus, ex-Trooper Jim searches for Martin - hoping this will help him reconnect with his girlfriend. Jim's hunt leads him into some dangerous situations, one of which - against all odds - is quite amusing. 🙂

The reason for all the mayhem in the park is revealed, bit by bit, and it's a whopper! 😲

Many of the series' regular characters appear in the story, including: Bobby - the wheelchair-bound radio station host (there's a nice surprise here); Bobby's wife Dinah; Aunties Joy, Viola, and Balasha - who like to quilt and gossip; Bernie the skirt-chasing barkeep; and more. There are also some kooky antics connected with a new reality show starring Howie, the disheveled town rapscallion.

As always in this series, the descriptions of Alaska's geography, vegetation, and wildlife are lovely and evocative.



On the downside, I'm disappointed that the story had no potlach (ceremonial feast) since the food and dancing are fun to read about.....but Auntie Vi does make delicious chocolate chip cookies. 🍪



I enjoyed the book and recommend it to mystery fans.

Rating: 3 stars