The Nine: Inside the Secret World of the Supreme Court

“The walk up the stairs would be the central symbolic experience of the Supreme Court, a physical manifestation of the American march to justice. The stairs separated the Court from the everyday world—and especially from the earthly concerns of the politicians in the Capitol—and announced that the justices would operate, literally, on a higher plane.” 

Toobin uses the 44 stairs leading up to the Supreme Court building as a symbol for the institution being on a higher plane, above the fray of politics. As the book shows, however, this was not really the case. 

“Through the tense standoff of the Burger and Rehnquist years, a powerful conservative rebellion against the Court was building. It has been, in many respects, a remarkable ideological offensive, nurtured at various times in such locales as elite law schools, evangelical churches, and, most importantly and most recently, the White House. Its agenda has remained largely the same over the decades. Reverse Roe v. Wade and allow states to ban abortion. Expand executive power. End racial preferences intended to assist African Americans. Speed executions. Welcome religion into the public sphere.” 

This passage sums up the overall theme of the book—a monumental shift from liberal to conservative in the field of law and at the Supreme Court. It was a concerted effort by conservatives and reflected the culture wars taking place in the country during this time period. 

“She had an uncanny ear for American public opinion, and she kept her rulings closely tethered to what most people wanted or at least would accept. No one ever pursued centrism and moderation, those passionless creeds, with greater passion than O’Connor. No justice ever succeeded more in putting her stamp on the law of a generation.” 

This characterizes Justice O’Connor’s power on the Court and her place in history. She was one of—if not the—most powerful women in United States history and was a force for the middle ground at a time when the country was falling ever more into extremes of left and right.