In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

A high school honors student with no police record encounters the police outside his home. He emerges from the confrontation bruised and beaten. The police charge him with serious crimes; he swears he did nothing wrong. When the story becomes public, an American city faces protests, deep division and a long quest for justice. "City Divided" tells the story of the case involving 18-year-old Jordan Miles and three Pittsburgh Police officers. The book takes an in-depth look at the opposing stories, and at race and the fear it incites, to find answers. What happened between the police and the teen, and what went wrong? Can the courts respond with a just solution? And how can we prevent these tragedies in the future?

This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

“Justice Clarence Thomas is the Supreme Court’s most reclusive member [and] a prime candidate for a careful, fair-minded biography. In delivering it, Kevin Merida and Michael A. Fletcher have done some quiet justice of their own.”—Washington Post There is no more powerful, detested, misunderstood African American in our public life than Clarence Thomas. Supreme Discomfort: The Divided Soul of Clarence Thomas is a haunting portrait of an isolated and complex man, savagely reviled by much of the black community, not entirely comfortable in white society, internally wounded by his passage from a broken family and rural poverty in Georgia, to elite educational institutions, to the pinnacle of judicial power. His staunchly conservative positions on crime, abortion, and, especially, affirmative action have exposed him to charges of heartlessness and hypocrisy, in that he is himself the product of a broken home who manifestly benefited from racially conscious admissions policies. Supreme Discomfort is a superbly researched and reported work that features testimony from friends and foes alike who have never spoken in public about Thomas before—including a candid conversation with his fellow justice and ideological ally, Antonin Scalia. It offers a long-overdue window into a man who straddles two different worlds and is uneasy in both—and whose divided personality and conservative political philosophy will deeply influence American life for years to come.