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Battles on the Bench : Conflict Inside the Supreme Court - Phillip J. Cooper

Battles on the Bench

Conflict Inside the Supreme Court

By: Phillip J. Cooper

Paperback | 1 December 1995

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Felix Frankfurter's blustery depiction of debate within the Supreme Court suggests that combat sometimes supersedes collegiality in those hallowed halls. In fact, as Phillip Cooper shows, conflict is an inescapable fact of life in the Marble Temple. Cooper peels back the calm, quiet public image of our judicial royalty to reveal their "family" feuds and squabbles. He shows that whether motivated by deeply felt principle or by petty and vindictive impulses, these disputes dramatically shape the Court's decision-making process, the justices' relations with one another, and the public's perception of the Court. Filled with wonderful vignettes and telling anecdotes, Battles on the Bench illuminates the Court's legendary and little-known clashes from John Marshall to Ruth Ginsberg and helps us understand why the justices fight, how they fight, and why their fights matter. In the process, it reveals a long tradition of strategic flattery, cajolery, name-calling, threats, subterfuge, and sermonizing - all in an effort to win over or run over fellow justices.
Industry Reviews
"A superb study of conflict in the Supreme Court. Cooper has produced a work that is in many ways seminal. He has also done an excellent job of classifying the nature, types, and consequences of conflict on the Court, illustrating each with amusing, touching, gripping, shocking, and at times profound anecdotes. Highly recommended."--Tinsley E. Yarbrough, author of John Marshall Harlan: Great Dissenter of the Warren Court and Mr. Justice Black and His Critics"Cooper's book in some ways covers ground found in The Brethren but is superior to that book. He weaves a fascinating story and provides sound political analysis."--Sheldon Goldman, author of Constitutional Law and Supreme Court Decision Making "Cooper has made a contribution to scholarship and public understanding of the Court from which others can build."--ABA Journal"Cooper is precise in his history. He explains who has done what and how certain conflicts came to be."--Public Relations Review"[Cooper's] analysis of the reasons why conflict is not more extensive and serious is one of the most interesting and distinctive elements of the book."--American Political Science Review"In a nutshell, Battles on the Bench discusses the history of conflict among the justices in an entertaining and colorful style. The book succeeds in helping us to understand the Supreme Court as a unique political institution and in reminding us that the justices, like the rest of us, are merely human."--American Journal of Legal History

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