Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court

by Edward Lazarus

When Closed Chambers was first published, it was met with a firestorm of controversy—as well as a shower of praise—for being the first book to break the code of silence about the inner workings of this country’s most powerful court. In this eloquent, trailblazing account, with a new chapter covering Bush v. Gore, Guantanamo, and other recent controversial court decisions, Edward Lazarus, who served as a clerk to Justice Harry Blackmun, presents a searing indictment of a court at war with itself and often in neglect of its constitutional duties. Combining memoir, history, and legal analysis, Lazarus reveals in astonishing detail the realities of what takes place behind the closed doors of the U.S. Supreme Court—an institution that through its rulings holds the power to affect the life of every American.

Genres: Law, History, Nonfiction, Politics, Government, American History, Memoir

608 pages, Paperback

First published March 31, 1998

Reviews

[Lobstergirl · Rating 4 out of 5]

Edward Lazarus clerked for Justice Harry Blackmun in the 1988-89 Supreme Court term. This book is part history, part "clerk life" memoir, and part legal analysis of death penalty cases, abortion cases from Roe v. Wade to Planned Parenthood v. Casey (1992), and race issues that confronted the Court. Lazarus is an admitted liberal, but he bemoans the politicization of the court, which is supposed to be the one nonpolitical branch of government. On the liberal side, William Brennan and Thurgood Marshall, who had determined for themselves that the death penalty should be abolished, automatically voted to stay every execution which came to the Court regardless of what constitutional issues it presented. This poisoned the environment and led to a loss of camaraderie, Lazarus argues. He has plenty of bad things to say about the conservatives too, such as inconsistent adherence to stare decisis, judicial activism, originalism, and textualism. At their worst, the justices act not like the judges they are supposed to be, but lawyers (advocates). At their worst they know what they want a result to be, and they shoehorn their legal reasoning in opinions to fit an ideological bias.

It was interesting to learn how much the clerks not only craft the opinions (depending on the justice, of course), but also manipulate the justices to get the results the clerks want.

[Shawn · Rating 3 out of 5]

A clerk's eye-view indeed. Lazarus did well to capture the moods & spirits of the Supreme Court. There are many glimpses of the character of the Justices and the book is chock-full of gleanings on their viewpoints. This is probably best for law students who can actually follow the nuances of argument. Naturally, as a clerk, the author dives deep into the crux of issues, but it isn't always easy for the lay reader to keep up. Mainly, it deals with the death penalty and with aborting pregnancies. Because of this the book is weighty and reads very heavily. Lazarus, as best as I could tell, gave a fairly neutral account, but it's clear that he leans toward liberalism. I really enjoyed the descriptions of Justice Scalia and he was the one Justice that actually stood out to me. Justice Blackmun received a fair bit of praise, and Justice Powell's influence over the Court was well conveyed. It was just so darn interesting to learn about such exalted persons! Whether I agree w/them or not, their rank in society is so high as to be respected. What a job! To learn about Justice Marshall's real-life experiences, or how Justice O'Connor appeared on the scene, or to hear the tale of how Robert Bork almost ascended to the Supreme Court--all of it fascinating. I was less thrilled about the nitty-gritty details of law, and was often lost in the sea of lawyer-terminology. Lazarus didn't give a play-by-play for cases but instead jumped to the heart of the matter in each one. A lot of comparing & contrasting between significant cases.

If you've got the time, read this, and if you're worked up about the issue of abortion, this book will provide a sound background. The website, oyez.org, has some of the cases on record for listening.

[Alvin Johnson · Rating 4 out of 5]

This treatise, along with Bob Woodward's 'The Bretheren', brings home the fact that the court sysytem, evn at its highest level, is subject to human frailties.

[Patrick Farrell · Rating 2 out of 5]

I found this book to be mildly entertaining. The author's bias oozes from the portions referring to past decisions of the Court. While he is more neutral when discussing issues occuring during his term as a clerk, it makes it hard to trust his analysis.

Overall a decent read, but it doesn't stack up with recent accounts of the Supreme Court.

[Celeste · Rating 5 out of 5]

I read this while clearing for the 9th Circuit, just after graduating law school. It was fascinating, exciting, educational. It's so sad how much the court has changed since then -- it's become far too political. Anyway, highly recommended for anyone interested in the how the court works, the Roe v. Wade decisions, and the late 20th Century justices.

[Adrienne · Rating 2 out of 5]

This is one of the first insider tell all type books about the Supreme Court. I found it to be self congratulatory and laced with unnecessary pontification. I did not make it all the way through.

[Vince · Rating 4 out of 5]

Interesting read, though afflicted by 90s era bothsides-ism

[James · Rating 1 out of 5]

I put the book down after reading it intermittently. The book was a political screed espousing the views of the author.

[Barbara Wellnitz · Rating 3 out of 5]

It seems the Supreme Court has devolved into politics. Sad and not good for our country. Quite a chapter on Roe v Wade and quite appropriate given the current situation on that decision.

[Tyler Hayden · Rating 5 out of 5]

See TH Book List for review. But overall, this was great at explaining the state of the Supreme Court and the threats that it faces from looking at history and Lazarus’ personal experience.

[Luke :) · Rating 5 out of 5]

Amazing book. I actually used it as a source on my AP Gov exam and I passed! Cannot recommend this book enough for anyone who wants to learn more about the 1990s Supreme Court.

[Fish.yyy · Rating 2 out of 5]

One of those books I would have given up on had I not already been 200+ pages in before I realized it was never getting better.

[Brian · Rating 3 out of 5]

It took me a while to get through all of "Closed Chambers," but I am glad that I did. The book, even though it was written in 1998 and is mainly about the Supreme Court's 1988 term, covers issues that are still timely and relevant. With hearings starting this week on Samuel Alito, this review comes at a good time.
The book covers a lot of Supreme Court history, particularly "how we got where we are today." It opened my eyes to how the Court works, and how single "centrist" Justices can carve out new areas of law whenever the Court is sharply divided on an issue. Edward Lazarus is especially critical of the hypocrisy of the Justices, who stand by stare decisis (the principle of being bound by precedent, even if it was wrongly decided) when it suits them, while discarding the principle when they don't like the previous decision.
This book is definitely worth a read, as it will teach you a lot about the inner workings of the Court, and why decisions like Roe v. Wade are still in question even though they were decided 30 years ago (I'll give you a preview: the Roe v. Wade decision was, at best, a legal stretch which was poorly written as far as its justification in the law). I give it 3.5 stars.

[Jeff · Rating 2 out of 5]

I read this book shortly after it appeared about a decade ago and to be honest I can't remember much about it beyond: a) Lazarus is clearly a major-league asshole, b) he harbors a bizarre, almost irrational, hatred of Jude Alex Kozinski, and c) he had little respect for the intellectual abilities of Justice Harry Blackmun, for whom Lazarus clerked.

Lazarus does deserve credit for being an early proponent of what, in light of Linda Greenhouse's subsequent book Becoming Justice Blackmun, has come to be the conventional wisdom that Justice Blackmun was a total mediocrity.

[B · Rating 3 out of 5]

Was not looking forward to this because I bought it thinking I was getting "The Forgotten Memoir of John Knox: A Year in the Life of a Supreme Court Clerk in FDR's Washington." The book's subhead "The First Eyewitness Account of hte Epic Struggles Inside the Supreme Court" is wrong at the least.

Still, some of the stories are very interesting as stories despite the very, very well-trod turf that Lazarus walks on.

Well-researched and well-written, too.

His thesis that Supreme Court Justices should deliberate more seems like an answer without a question. It's not clear what the point is other than general niceness. I think it required some more deep thinking about whether there would be better outcomes or whether it is structurally plausible anyway.

[nick maxwell · Rating 5 out of 5]

If you want to learn about the legal history behind two of the most contentious current issues (right to privacy/abortion and death penalty), this book is really good. It is well-written (by a former clerk for a Supreme Court Justice) and ties the actual legal stuff in well with the general atmosphere of the times. It also spends a few chapters each on employment discrimination and affirmative action.

[Shailey · Rating 3 out of 5]

Read about 1/2 of this book. I really enjoyed it, and I think that I would have enjoyed it more if I would have read it pre-law school or a couple of more years down the line. Everything is still too fresh in my mind, I still remember reading these cases and hearing these discussions in the class room. I am not too nostaglic for it either, so maybe in a couple years, when law school didn't seem like such a horrible experience, I'll feel better about reminicing about the academics of it all.

[Elaine · Rating 4 out of 5]

A riveting book written by a former clerk of Justice Harry Blackmun, who chronicles his time at the Supreme Court as well as the recent history of three hot areas of Constiutional Law to assert that the Court is currently beset by an unprecedented rift related to ideological orientation. This is about as intimate a picture of the notoriously private Court that you can get.

[Alisa · Rating 5 out of 5]

There are so few books that claim to give you gossip about the Supreme Court. Therefore, this the probably the best book ever written. Information about cases, private letters between justices, sweeping indictments of the system, COULD YOU ASK FOR MORE? Yes, I could ask for it to be a little more current. He clerked there in '88-'89. Still.

[LT · Rating 4 out of 5]

I picked this up on a whim at a used book store in Boston, thinking it might be a good way to get me psyched to study the law. It's incredibly well-written and as far as I can tell it presents a pretty even-handed account of the workings of the Supreme Court. Memoir+legal theory+history.

[Handel · Rating 5 out of 5]

Very fascinating account of the supreme court and historical narrative of the US regarding race, abortion and divisive topics in legal arena.

Best non-fiction book I have read on contemporary American society in my short life.

[Clare · Rating 4 out of 5]

So far, this book is awesome. A review on the covers calls it, among other things, "opinionated, scholarly, gossipy," and I am finding that delightfully true!

Even if you have never read a Supreme Court case, I think you would enjoy this book.

[Esther · Rating 4 out of 5]

Written by a former Blackmun clerk. Provides a lot of historical and legal context to the death penalty and abortion debates. Alternately depressing and distressing as it details the deliberate and politicized conservative counterrevolution to the rights revolution of the Warren era.

[Jack · Rating 4 out of 5]

This is a great, comprehensive look at SCOTUS. I read this book two years ago but I still go back to it to look-up passages that I remember as relevant and interesting.

[Mike · Rating 3 out of 5]

You have to be a real Court junkie to slog through this one. But for those of us who follow the Justices like others follow Paris and LiLo, it's gossipy and intellectually fascinating read.

[Andrew]

I should have read this one already

[G. Branden · Rating 4 out of 5]

Lengthy but ridiculously informative about one of the U.S.'s most mystique-laden institutions.

[Ceema Samimi · Rating 3 out of 5]

I was really excited to read this book after hearing so much about it. However, I just couldn't seem to get into it enough to keep going. I tried, but only made it a little way in.

[Matthew · Rating 3 out of 5]

incisive look at SCOTUS. liked the conservative clerk cabal the best.

[Amy]

Guessing this might be a bit dated but looking forward to giving it a try sometime