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Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted, by Ian Millhiser
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Review
"As Ian Millhiser illustrates in his trenchant, persuasive, and profoundly dispiriting book Injustices, the Supreme Court has consistently and unapologetically used its authority to thwart progress and perpetuate inequality."―Slate"Injustices is a powerful indictment of the strongest institution of the United States.... A must-read for all Americans."―Washington Review of Books
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About the Author
Ian Millhiser is a senior fellow at the Center for American Progress and the editor of ThinkProgress Justice. He received his JD from Duke University and clerked for Judge Eric L. Clay of the United States Court of Appeals for the Sixth Circuit. His writings have appeared in a diversity of publications, including the New York Times, the Guardian, the Nation, the American Prospect, and the Yale Law & Policy Review. He lives in Arlington, Virginia.
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Product details
Paperback: 368 pages
Publisher: Bold Type Books; Reprint edition (June 28, 2016)
Language: English
ISBN-10: 1568585691
ISBN-13: 978-1568585697
Product Dimensions:
5.5 x 1 x 8.2 inches
Shipping Weight: 12 ounces (View shipping rates and policies)
Average Customer Review:
3.6 out of 5 stars
66 customer reviews
Amazon Best Sellers Rank:
#419,464 in Books (See Top 100 in Books)
I just want to point out that very few of the bad reviews (including just 1 of 9 that gave the book a single star) are by verified purchasers, nor do they advance actual critiques of the book or its arguments. The idea that the author is expressing some deep-seated hatred for the American working class is patently absurd; as the title suggests, his point is that, for most of its history, the Supreme Court struck down labor laws and other legislation aimed at protecting workers, Africans Americans, and others "afflicted" by injustice. As he shows, the Court's willful misreading of the 14th Amendment, which turned it into an instrument of big business, is especially egregious.
This books is clearly written and the historical context of the periods is a very nice touch. With many works we are told a given decision souly in a modern context without the context of different factions at that time. Or at least some of the factions in power, in this case legal views by conservatives on the supreme court and the well to do. I think the context is helpful to set up the information and decisions.The book is laid out temporally and focuses particularly on some of the biggest/worse decisions the SCOTUS has made based on some strained readings of the Constitution or by weighting some sections to much at the expense of others to fit ideology. These include various measures to protect monopolies by the court, legalize child labor, prevent safety regulation of nearly any kind, battles with Roosevelt and so on.Some may agree with some of these decisions in terms of ideological free market sorts of reasons, but in a full context reading it is hard not to say that many on the Court at this time were biased not by the law but their own views. This is still likely true and always will be whether you agree with the court or not, but it is nicer if they act to protect people that need protecting instead of protecting those already with vast power and resources.
This is a thoroughly entertaining and well written overview, presented in a style that's easily accessible to the layperson, of the Supreme Court's checkered history and performance in the century-and-a-half since Reconstruction. Mr. Millhiser persuasively demonstrates how business interests, aided by sympathetic Justices on the nation's highest court, co-opted the 14th Amendment, which was obviously intended to address the aftermath of slavery and give an abused people true dignity and a real opportunity at self-determination, so that its primary impact was to provide corporate interests with a previously unknown, constitutionally guaranteed, "freedom of contract." What this meant in practice is that the Supreme Court, during it's so-called Lochner era, repeatedly struck down legislation, implemented by the people's representatives in Congress, intended to prevent child labor and perilous working conditions, among other things.Milhiser's thesis is that the Lochner era, which was arguably ended by the threat of Roosevelt's court-packing scheme (although Milhiser, who knows history better than I do, says that it was a fortuitous change of heart that changed the Court's balance, instead), was not an aberration. He demonstrates how arguments carrying the day in several recent Supreme Court decisions,for example, including the Hobby Lobby decision and the decision that stopped just a hairsbreadth short of invalidating the Affordable Care Act, are essentially the same as those that undergirded the Lochner Court's activism in an era where the Court felt free to invalidate any legislation that it considered unwise. Of course, even the novice student of of our Constitutional structure understands that this is not the role assigned to the Court.Does Milhiser approach this material from a progressive/liberal perspective? Unquestionably. Does that diminish the value of his contribution to our understanding of the Supreme Court's actual role in our history? Not one whit, in my opinion. One doesn't have to agree with Howard Zinn's political worldview, for example, to acknowledge that his "A People's History of the United States" has done much to ensure that students of history today are provided with a much more nuanced, and much more realistic,view of our nation's history than the Columbus-was-awesome-and-it-has-gotten-better-ever-since version of history that we older folks were taught in the 1960's and '70s. While I'm not suggesting that Milhiser's "Injustices" will have a similar impact, especially given the overly distracted times in which we live, I am suggesting that his critical assessment of the Supreme Court as a potentially malignant force is worth serious consideration by thinking people.
Mr. Millhiser does a fantastic job of providing insight and history pertaining to the "esteemed" U.S. Supreme Court. History shows how many of the former and current justices are motivated and influenced by their own ideology, prejudices, and social settings. As Millhiser clearly points out, it is less about the law and more about fitting/shaping the law to meet the justices' preconceived notion, prejudice or ideology. This is not to say that all justices are bad, but it does show the fallibility in our thinking that the Court's opinions are supreme - far from it. As more controversial cases are being brought to the Court, it is required reading to the know history of the Court. Knowing the history will help us understand the failures of when it comes to meeting the needs of all citizens and just not the rich, the powerful, and the dominant White male.Given that the Affordable Care Act ruling is upon, along with marriage equality, this book is required reading to understand the mistakes the U.S. Supreme Court made in taking on these two cases, as well as others in the past.
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