Sunday, November 13, 2016
Radicals in Robes by Cass Sunstein
There are a lot of constitutional law books, certainly the field attracts more popular press books than any other legal field. These normally fall under one of several genres: judicial biography of a judge or justice or general overview of recent cases. Sunstein, who is the most cited law professor in the world, does something different and brilliant in Radicals in Robes: Why Extreme Right Wing Courts are Wrong for America (2005). He lays out a completely different way of thinking about constitutional law.
He breaks SCOTUS justices into four categories: fundamentals, perfectionists, minimalists, and majoritarians. The book does two things incredibly well: (1) refute and point out the hypocrisies of the fundamentalists (essentially originalists) and (2) offer a thoughtful theoretical backing of the pragmatic jurisprudence that is how the court so often proceeds.
One of the best constitutional law books I've read. Highly recommended for anyone interested in constitutional law.