SCOTUS book worth a read?

November 24, 2008
Back to TopCommentsE-mailPrintBookmark and Share
From IL reporter Michael Hoskins:  

As you might expect, we like to read and write here at Indiana Lawyer. Perusing lawsuits, caselaw, court opinions, and legal news in general is all part of the job reporting on the Hoosier legal community, and that leads to checking out legal books and blogs that we might not be writing a story about.

Among the books piled up with bookmarks already inserted mid-point are John Grishman’s “The Summons,” Barack Obama’s “The Audacity of Hope,” John Grogan’s “Marley & Me,” and a couple readings related to my weekly church class. A recent find that’s jumped into that reading pile is The Washington Post’s “Supreme Court in Review 2009,” highlighting 15 of the court’s major cases and decisions from this past year’s term. Those in tune with that docket might recall three Hoosier cases hitting the high court – Crawford v. Marion County Election Board, No. 07-21, that involved Indiana’s voter ID law; U.S. v. Efrain Santos, No. 06-1005, that involved the federal money laundering statute; and Ahmad Edwards v. State of Indiana, No. 07-208, that involved a mentally ill person’s Sixth Amendment right to represent himself at trial.

Only a third of the trio got an in-depth look (Crawford), while the other two – Edwards and Santos – made it into a timeline of the decisions near the book’s end. While those three are the only cases with direct Indiana ties, all the decisions impact our state and federal courts’ decision making and our practicing legal community.

Page 243 is where the Crawford coverage begins; it goes on for 29 pages with majority opinion excerpts, dissent highlights, Washington Post coverage, and some unattributed legal commentary. All involves the 65-page decision from April 28 that didn’t have a clear majority but upheld the state’s voter ID law. The three-page commentary portion includes a rehash of the case, procedural history, and specific passages from the writing justices. Comments are scattered throughout like a note about authoring Justice John Paul Stevens who “worked hard to avoid a 5-4 split to diminish partisanship surrounding the Court’s opinions on electoral issues”; and how one portion of the dissent is “especially scornful” about Indiana’s argument that its own mismanagement of voter ID rolls could lead to rules creating more voter burdens. A concluding comment is how the most curious aspect involves the majority upholding the law and any possible burdens despite its concession that in-person fraud has never been an issue here, and that perhaps the court would have considered differently a more tailored request for relief.

Those promoting this book point out that the Post’s “compelling coverage” puts the decisions into present day context, and also “clarifies and explains how the decisions will affect and impact each of us.” The only issue that bothered me was with the “commentary” portions, which the book introduction describes as “commentary by legal experts” but nowhere lists who those experts might be.

At least the paper’s stories have bylines and we know who the writing justices are. Of course, we could get that from reading the paper and court’s work as it comes out, without having to add another new release to the reading list.

Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.