John Marshall Harlan

Author: (USA) A. B. Abbot
Publisher:
Publish Date: 2004-01-01
Features: When David Souter was nominated as a Supreme Court Justice by President Bush, he took John Marshall Harlan as his model. This was a notable choice. As Justice William Brennan eulogized, Harlan, a figure respected and admired by both conservatives and liberal colleagues, was a man of "great learning" whose merits were never fully recognized. Now, in the first biography of this important yet overlooked jurist, the author provides a detailed account of 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 reinforced respect for government power, while his strict rulings relied heavily on case facts. He also accepted evolving, creative interpretations, allowing for an expansive reading of constitutional rights. The author meticulously details 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, despite their personal and judicial ties. The author also highlights the substance and significance of Harlan's dissents in landmark cases such as Miranda v. Arizona and the Pentagon Papers case. Thorough in its research, clear in its language, and compelling in its arguments, 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. Supreme Court, and this book offers readers an essential perspective, enabling them to gain a deeper understanding of the Supreme Court, civil liberties, and a key historical figure in both fields.