John Marshall Harlan—The Great Dissenter of the Supreme Court of the United States

Author: (American) Abbot
Publisher:
Publishing Date: 2004-01-01
Features: Tinsley Abbot succeeds again! His new work provides a brilliant analysis of the impact of Justice Harlan on the U.S. Constitution, the Supreme Court, and his key role in shaping the court of civil liberties. This book is a must-read for every Supreme Court researcher. When David Souter was nominated by President Bush as a Supreme Court judge, he took John Marshall Harlan as his model. This was a notable choice. As Justice William Brennan mourned, Harlan, deeply respected and admired by both conservatives and liberal colleagues, was a remarkable figure whose "learning and erudition" were never fully recognized. Now, in this biography of this important yet overlooked lawyer, the author details Harlan's judicial career. The author explores Harlan's relationships with colleagues, secretaries, and others, examines his role in the decision-making process, and analyzes his legal thought. Harlan's approach to constitutional interpretation strengthened respect for government power, while his strict rulings relied heavily on case facts. He also accepted evolving, creative interpretations, allowing for an expansive interpretation of constitutional rights. The author elaborates on Harlan's close relationship with Justice Frankfurter, demonstrating that Harlan held an independent position on the Warren and Burger Courts, both as a friend and an ally, in both personal and judicial relationships. The author also highlights the themes and significance of Harlan's dissents in landmark cases such as Miranda v. Arizona and the Pentagon Papers case. Thoroughly researched, written in clear and straightforward language, and compellingly argued, this biography vividly portrays the life and career of the great dissenter known as the "lawyer's lawyer" and the "judge's judge." Now, many of Harlan's legal ideas have been adopted by the U.S. federal Supreme Court. This book provides readers with an essential perspective, allowing them to gain a deeper understanding of the Supreme Court, civil liberties, and a key historical figure in both fields.