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The Most Dangerous Branch
- Inside the Supreme Court's Assault on the Constitution
- Narrated by: Dan Woren
- Length: 16 hrs and 35 mins
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The Most Dangerous Branch
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Publisher's Summary
In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril.
With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. Brett Kavanaugh—replacing Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work?
Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court—Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics.
Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.
What the critics say
“If Brett Kavanaugh’s Supreme Court confirmation hearings have inspired you to dig deeper into the intricacies of the nation’s highest court, look no further than a new book devoted to the subject.... Kaplan writes in an engaging fashion throughout this detailed book.... The Most Dangerous Branch couldn’t be better.” (Associated Press)
“Describe(s) the behind the scenes dealing that led to the appointment of the sitting Supreme Court.... Presented at a level of granularity with which you may not be familiar. It makes for engaging, if not reassuring, reading.” (NPR.org)
“A fascinating look at the Court during one of its most important, and divisive, eras...a perfect primer for helping Americans understand how members of the court came to justify their excessive involvement in various controversial issues." (The Christian Science Monitor)
“This is a book for our times. As the Supreme Court has become a focus of elections, confirmation battles and partisan decisions, The Most Dangerous Branch tells the story, in a compelling way, of the 'triumphalism' of the justices, both liberal and conservative. It warns against the increasing power of what was supposed to be the least dangerous branch - nine unelected judges who allocate to themselves decision-making authority over issues that should be left to the elected branches. Read it and start worrying. Then demand change.” (Alan Dershowitz)