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508. One Vote Away: How a Single Supreme Court Seat Can Change History

Rating:  ☆☆☆☆1/2

Recommended by:

Author:   Ted Cruz

Genre:  Non Fiction, Law, Public Policy, Politics, Memoir

271 pages, published September 29, 2020

Reading Format:   Book

Summary

In One Vote Away, Senator (and former Supreme Court litigator as Texas Solicitor General) Ted Cruz writes about seminal Constitutional law cases before the Supreme Court and how the decision was often rendered by a single vote.  His detailed discussion includes cases impacting school choice, abortion rights, the right to bear arms, religious liberty, state and national sovereignty, freedom of speech, capital punishment, the rights of criminal defendants, and the criteria Republicans should use when selecting judges.

Quotes 

“The Supreme Court is supposed to protect our constitutional rights. It is also charged with securing our Constitution’s defining structural features, federalism and the separation of powers. Both doctrines protect Liberty by dividing power, by establishing checks and balances to prevent any branch of government from becoming too powerful…Over the past six decades, the Court has arrogated to itself far too much power– well beyond what it is entitled to under the Constitution. It has seized this power at the expense of Congress, the executive branch, the states, and We the People alike.

 

“An individual’s life prospects increase dramatically with each successfully completed phase of education.”

 

“Education is antecedent to most of our other public policy concerns. From poverty to crime to healthcare to substance abuse, if kids don’t get an education, we know that those other challenges are far more likely to follow; conversely, if children do get an excellent education, each of those problems is much more likely to be overcome. It is a damning stain on America’s conscience that a child’s chances of life success are so heavily influenced by– perhaps dictated by– the zip code in which he or she is raised. It is a profound civil rights crisis… the urgent need to secure access to a quality education– and access to educational choice, in particular– for every young American… In a just world, teachers unions would enthusiastically support school choice…But the union bosses who lead the teachers unions have decided that school choice is an existential threat to their power, and so they demand partisan fealty above all.

 

“There is no moral and just government that does not respect the religious liberty protections of its people. True political liberty, free speech, social stability,and human flourishing all depend upon a robust and durable protection, under the rule of law, of our fundamental right to choose our faith. And, on the flip side, efforts to undermine religious liberty and to persecute religious minorities are a telltale sign of tyrannical government.”

 

“In the Citizens United fight for free speech rights, “ While Senate Democrats sought to empower Congress to restrict individual citizens’ political speech rights, they did not want to apply that same treatment to giant media corporations like CNN and the New York Times…Citizens United was a conservative nonprofit corporation that made a movie critical of Hillary Clinton. And Senate Democrats now wanted to give the federal government the constitutional authority to punish anyone for criticizing Hillary Clinton or any other political candidate.”

 

“I believe in capital punishment. I believe in carrying out justice for those who commit unspeakable crimes, retribution for those who have been horribly victimized, and strong deterrence for the community to prevent horrific crime from happening again.”

 

“The way the First Step Act passed, through policy, legal, and constitutional arguments about what is right, appropriate, and just, through a consideration of facts and data and evidence about what is most effective in deterring crime and preventing recidivism– all of it was done through the legislative process That is how our system is supposed to work. Elected legislatures exist to consider and to weigh policy arguments and to reflect the wishes and values of the voters who elected them. When unelected judges seize issues of the criminal law and mandate that violent criminals receive lesser punishments, they are going against both the constitutional structure and their responsibility as judges.”

 

“If history teaches anything, it is that when people tell you they want to kill you, believe them. Or, at a minimum, don’t give them hundreds of billions of dollars to help them accomplish their objective. But, for whatever reason, Obama desperately wanted a deal with Iran.”

“Republicans have, historically speaking, been absolutely terrible at judicial nominations–…Republicans at best bat .500. Once confirmed as justices, at most, half of Republicans’ Supreme Court nominations actually behave as we hoped they might behave in terms of remaining faithful to their oath of office and the Constitution…The most important criteria that I believe should be applied is whether that individual (1) has a demonstrated proven record of being faithful to the Constitution and (2) has endured pounding criticism– has paid a price for holding that line.

 

My Take

One Vote Away was a quick and fascinating read.  I especially enjoyed all of the behind the scenes details that Cruz provides.  Rising from poverty, he has had quite the life.   However, I am an attorney and a Republican so I am the choir that Ted Cruz is preaching to.  Liberals may not like this book too much.

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368. Justice on Trial: the Kavanaugh confirmation and the future of the Supreme Court

Rating:  ☆☆☆☆

Recommended by:

Author:   Mollie Hemingway and Carrie Severino

Genre:  Non Fiction, Politics, History, Law

375 pages, published July 9, 2019

Reading Format:  Book

Summary

Justice on Trial is an account of the bitter and circus like confirmation battle for Supreme Court Justice Brett Kavanaugh who replaced Anthony Kennedy on the court in 2018.  With lots of history of the Supreme Court and biographical background on Justice Kavanaugh thrown in, Justice on Trial primarily focuses on the hearings which came down to a he said/she said between Kavanaugh and accuser Christine Blasey Ford.

Quotes 

“There had been only three confirmations in the final year of a presidency when the opposing party controlled the Senate, most recently in 1888, when Grover Cleveland nominated Melville W. Fuller to be chief justice.”

 

“The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary,” wrote Justice Edward White in Coffin v United States, tracing it from Deuteronomy through Roman Law, Canon Law, and the Common Law and illustrating it with an anecdote about a fourth-century provincial governor on trial before the Roman Emperor.”

 

“Justice Brennan described the power of these unelected justices with chilling clarity when he told his incoming clerks that the most important rule in the law was the “Rule of Five.”

 

“Voters responded so well to Trump’s reference to Sykes and Pryor in debates and speeches that he decided to make a longer list of judges who met with conservative approval.”

 

“The Democratic strategy had been obstruction at all costs, so Klobuchar was annoyed at repeatedly being singled out for being cooperative and reasonable.” 

My Take

Like millions of Americans, I was riveted by the Supreme Court confirmation hearings for Justice Brett Kavanaugh.  Justice on Trial takes you behind the scenes and tells the whole story, giving the reader a much fuller account of what happened and why there was such a media frenzy.  It also makes the case about the importance of due process, a foundational element of our Constitution and American life.   This book is a page turner and I highly recommend it, especially to readers interested in the judicial system.

345. The Campus Rape Frenzy: The Attack on Due Process at America’s Universities

Rating:  ☆☆☆1/2

Recommended by:

Author:   Stuart Taylor, KC Johnson

Genre:  Non Fiction, Public Policy, Law

384 pages, published May 22, 2018

Reading Format:  e-Book on Hoopla

Summary

The Campus Rape Frenzy is an investigative look into changes in the universities adjudicated sexual assault cases during the Obama/Biden years and the complicity of the media in falsely portraying campuses as hotbeds of violent crime against women.  Taylor and Johnson painstakingly debunk these claims and show how federal bureaucrats forced colleges and universities to essentially presume the guilt of accused students. The result has been a widespread disregard of such bedrock American principles as the presumption of innocence and due process.

Quotes 

 

 

My Take

Reading this book made me very angry.  As an attorney, I have always placed a huge value on the importance of due process to the functioning of our country.  The fact that numerous young men are being expelled from college and having their lives ruined as the result of consensual sexual encounters and are not given the opportunity to confront their accusers or adequately defend themselves is a travesty of justice.  A good companion book is Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case, also by Stuart Taylor.