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The Most Dangerous Branch: Inside the Supreme Court in the Age of Trump

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In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek , shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril.

With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. Brett Kavanaugh—replacing Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work?

Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court—Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics.

Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.

496 pages, Paperback

Published October 8, 2019

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Displaying 1 - 4 of 4 reviews
7 reviews
February 3, 2025
A great read for someone who doesn’t really know much about the Supreme Court but knows that something’s not right. Kaplan paints a colorful picture of the modern history of the Supreme Court and provides a wonderful backdrop to view the Court in the post-Obama era. Kaplan is friendly to ignorance and does not expect his readers to be well-read.

Reading this book 7 years later, one can’t help but admire the accuracy of Kaplan’s premonitions about the Court’s insidious rise to a 6-3 political institution. As such, time seems to call for Kaplan to chime back in today just to remind us, “I told ya so.”
41 reviews
September 5, 2024
This is a very well written and informative book. Especially its discussion of a line of cases having to do with campaign finance reform. My only reason for only granting 4 stars instead of five is that I felt he often repeated himself in an attempt to drive a point home which in my life I have found is not a good way to drive the point home. With that exception in all other regards great book that I highly recommend.
Displaying 1 - 4 of 4 reviews

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