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Bob Woodward, Scott Armstrong: The Brethren (Paperback, 2005, Simon & Schuster) 5 stars

Review of 'The Brethren' on 'Goodreads'

5 stars

Brethren is fascinating as a demonstration that even at the level of the highest court in the US, that was created and is intended for the purpose of objectively interpreting laws, human nature reigns supreme. It’s centered around Chief Justice Warren E Burger’s court from 1969-1975, and paints a particularly uncomfortable picture of and both his leadership ability and his legal mind, but it goes beyond any one individual.

There are several interesting cases decided during this span. To me the most notable would be a couple desegregation cases, primarily involving bussing, the Pentagon papers, Roe v Wade, and the Nixon tapes. The story this book tells involves multiple justices conspiring to rework Burger’s opinions sentences at a time, others threatening to dissent over single phrases, Burger repeatedly changing his votes just to be able to assign the majority opinion, justices telling each other, “I don’t agree with this ruling but I’m going to be the fifth vote anyways to make Justice X happy”, and all sorts of other manipulation and gamesmanship.

Ultimately you’re relying on the word of the authors, and I believe they’re fairly credible, but I can’t speak to veracity. But man, the story it tells is terrifying and this is well worth a read.