God Save this Honorable Court: How the Choice of Justices Shapes Our History
Tribe's new book takes on William Rehnquist, senators seeking a precise litmus test for judicial appointments, champions of judicial restraint, and, sub silentio, Edwin Meese. His study of the political history of High Court appointees demolishes several claimse.g., that one justice cannot make a difference in judicial proceedingsand mythsthat of "strict constructionism," with Tribe insisting that literal adherence to the constitutional text abdicates judicial responsibility. So, too, he finds, does the inevitably inconclusive inquiry into the Framers' intent. Then there is the myth of the "spineless Senate," which, he shows, is anything but the case. Tribe's respect for the Court's power is boundless; not that he is uncritical, but he does appreciate its extraordinary influence, and, given it, argues that Senate and nation must subject each nominee to the closest scrutiny. This tightly argued appeal can be readily followed by nonlawyers. It should be heeded. Milton Cantor, History Dept., Univ. of Massachusetts, AmherstCopyright 1986 Reed Business Information, Inc.