Justice Brennan

Starred review from August 2, 2010
Congressional Quarterly reporter Stern and Wermiel, who teaches constitutional law at American University, have produced what will likely be the definitive biography of Supreme Court Justice William Brennan (1906–1997), arguably the most influential liberal justice in history. During 34 years on the court, he was instrumental in forming alliances with other justices resulting in majority opinions in such seminal cases as Roe v. Wade and Baker v. Carr (the one man–one vote case that changed America’s political landscape). The book’s strength is Wermiel’s access to Brennan’s private case notes (which are closed to the public until 2017) and dozens of interviews with Brennan himself. The case notes provide a detailed and fascinating account of how the Supreme Court functioned during Brennan’s long tenure (from 1956 to 1990) that easily outshines recent high-profile books purporting to break the Court’s seal of secrecy. Nowhere will readers find a better explanation of how the mix of personality and political philosophy drove, and presumably still drives, the Court. Both legal scholars and general readers will be delighted with this well-written, superbly documented biography, which may make liberals nostalgic for Brennan’s court. 16 pages of b&w photos.

August 1, 2010

Comprehensive biography of the Supreme Court Justice whose liberal agenda profoundly affected public policy in the second half of the 20th century.

During his tenure from 1956 to 1990, William Brennan (1905–1997) provided more than 1,350 opinions on a wide variety of issues. As the subtitle indicates, Congressional Quarterly reporter Stern and Brennan expert Wermiel (Constitutional Law/American Univ.) focus on Brennan's legacy as a dedicated defender of those marginalized by mainstream America. His allegiance to those less privileged, as well as his use of charm and compromise to achieve goals, came from a childhood spent observing his Irish immigrant father, a union official elected to several terms as a Newark, N.J., councilman. The authors trace Brennan's life from corporate attorney to lawyer for the Department of Justice during World War II, subsequent selection as a state judge and then youthful appointment to the Supreme Court. The bulk of the book is dedicated to examining the forces at work throughout his tenure, and his deep, abiding passion for, and commitment to, human dignity. The authors balance differing accounts of Brennan the jurist and the man, presenting an evenhanded portrait of the affable but stubborn Justice. Stern and Wermiel thoroughly cover such divisive issues as racial integration, gender inequality, abortion, pornography, the rights of criminal defendants and upholding the death penalty. Despite his outward joviality, Brennan did not reveal personal insights with those closest to him, including his devoted clerks, but his true passion comes through clearly: his love for the potential power of the law to help or harm humanity. A canny consensus broker, though perhaps pedestrian in opinion writing, his legacy as a judicial activist—a term deployed both proudly and pejoratively toward Brennan—cannot be diminished. The book is dense, and although the authors take pains to explain legal terminology and implications of case outcomes, it may be tough going for those with limited familiarity with court proceedings.

Intriguing behind-the-scenes look for readers with an interest in social justice, focusing on how one man's allegiance to guiding principles transformed this nation's judicial system.

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September 15, 2010

Stern, a Congressional Quarterly reporter, and Wermiel (fellow in law & government, American Univ. Washington Coll. of Law), a former Wall Street Journal reporter, team up to chronicle the career of U.S. Supreme Court Justice William Brennan, who served on the high bench from 1956 to 1990. Working from a repository of newly released documents and interviews with friends, family, colleagues, and Brennan himself, the authors show how he staked a liberal claim in the progressive side of the Warren Court, often invoking civil rights and privacy protections for minorities, women, and the working class. Especially revealing and insightful are revelations about the Court's inner workings, how the justices arrive at their decisions, and the infrequent yet riveting confrontations between Brennan and his conservative counterparts. The book is a historian's guide to the tactics and strategies behind many of the era's battles over the extent of constitutional rights and the legal struggles over such contentious issues as desegregation, affirmative action, school prayer, the death penalty, and abortion. VERDICT Aimed at a scholarly audience, this is highly recommended for academic, law, and larger public libraries.--Philip Y. Blue, New York State Supreme Court Criminal Branch Law Lib., First Judicial Dist., New York

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