Throughout his writing, Garbus explores the biographies of many justices and explains a number of complicated legal issues in terms which even the layperson can understand. Garbus takes the reader through a variety of cases which might appear obscure at first, but he demonstrates how and why they carry significant political and social consequences for everyone.
Garbus’ discussion of federalism and the “states’ rights” movements is a good example of this. Often it is portrayed as a debate over different theories about the relationship between national power and state sovereignty. Garbus, however, argues quite convincingly that they mask a larger battle about “race, class, religion, money, and power.” Those who defend “states’ rights” only do so selectively, when it serves the purpose of limiting people’s personal choices or expanding government power. When those goals are best served by limiting the power of the states, then that is the path normally chosen.
The significance of the information Garbus presents cannot be underestimated — court decisions and legal principles which can have enormous impact on the nation often occur without the knowledge or understanding of those who will later be affected. Court decisions are often very technical and written in a legal language unfamiliar to most, so people’s lack of awareness is understandable.
Garbus’ book, however, will help even those generally unfamiliar with the law to come to understand why Supreme Court decisions not explicitly about civil liberties can still affect their basic rights in the long run. It isn’t simply an exercise in education — it’s also a call to action.
Garbus argues that the courts, including the Supreme Court, are fundamentally political in nature. Because people have an interest in the decisions reached, they should also play a greater role in how the courts are constructed. This means paying more attention to the cases heard, the decisions reached, and the nominations our elected officials are asked to approve. If the law is political, we must use the political process not only to influence how the laws are crafted, but also how they are interpreted by the judges.
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