"A fascinating book. In clear and forceful prose, Becoming Justice Blackmun tells a judicial Horatio Alger story and a tale of a remarkable transformation . . . A page-turner."--The New York Times Book Review In this acclaimed biography, Linda Greenhouse of The New York Times draws back the curtain on America's most private branch of government, the Supreme Court. Greenhouse was the first print reporter to have access to the extensive archives of Justice Harry A. Blackmun (1908-99), the man behind numerous landmark Supreme Court decisions, including Roe v. Wade.
Through the lens of Blackmun's private and public papers, Greenhouse crafts a compelling portrait of a man who, from 1970 to 1994, ruled on such controversial issues as abortion, the death penalty, and sex discrimination yet never lost sight of the human beings behind the legal cases. Greenhouse also paints the arc of Blackmun's lifelong friendship with Chief Justice Warren E. Burger, revealing how political differences became personal, even for two of the country's most respected jurists.
From America's preeminent Supreme Court reporter, this is a must-read for everyone who cares about the Court and its impact on our lives.
If you've never heard of Harry Blackmun, well, you should have. As I write this, President Obama's visit to Notre Dame is on the front pages of America's major newspapers. There was a controversy because Notre Dame is a Catholic college and President Obama is not an abortion hardliner. This controversy springs from the most polarizing case in Supreme Court history: Roe v. Wade. Written by Justice Blackmun.
Linda Greenhouse's book traces the "journey" of Blackmun by using his private papers. In place of jounrney, though, I would substitute "evolution." Blackmun was a Republican and Nixon appointee. He came to the Court as one half of the (in)famous Minnesota Twins, alongside Chief Justice (and Billy Mitchell flunky) Warren Burger. (Side note: Oh! How I pine for those days when we could appoint a Supreme Court justice who (a) didn't go to Harvard or Yale and (b) actually practiced in the real world).
At first, all seemed right with the world. Then along came Norma McCorvey who introduced herself to the world as "Jane Roe." Burger gave Blackmun a chance to write the opinion, and depending on where you land on the political spectrum, it was either a monument to pragmatism or a burst of Solomonic madness.
To write the opinion, Blackmun went to the Mayo Clinic, where he'd been general counsel, and stayed up nights in the medical library. From his research, he devised the now-infamous (and also discarded) trimester system.
In my legal opinion, Roe is a badly written case. Not because of judicial overreaching, but in its loose constitutional moorings. For some reason, Blackmun tried to avoid the then-evolving concept of a constitutional right to privacy, as embodied by Griswold v. Connecticut, and instead tethered his reasoning, and the trimester framework, upon the protected relationship between a woman and her doctor. Of course, this has allowed the decision to be chipped away by every new advance in medical science. He really would've been better off going in the Griswold direction of sexual privacy. But alas.
Roe changed Blackmun. He changed from a target of feminists to their hero. He received thousands of letters thanking him, as well as those that were not as pleasant. One might argue that he is too empathetic, and allowed himself to be swayed by public sentiment. Others would argue that he, unlike the current Supreme Court, is in touch with real world consequences outside the Beltway.
Blackmun was one of a string of Republican appointees who bit the hand that appointed him, see, e.g. John Paul Stevens, David Souter, and the Great Earl Warren. The joy in this book doesn't come from the writing, which is merely clean and workmanlike, but for its ability to show Blackmun change before our eyes, a change which he describes himself. I'll admit, I got a little teary-eyed when I saw the reproduction of a note written by Thurgood Marshall, telling Blackmun he'd done well, after Blackmun's dissent in the horrid Bowers v. Hardwick. (Side note: Whizzer White telling me that a State can outlaw sodomy bothers me on so many levels that I don't know where to begin).
The best part of the book is the reproduction of the documents - the notes, annotations, and internal memos of the secretive Supreme Court. I got a kick out of justices passing notes back and forth during oral arguments updating each other on baseball scores.
Justice Blackmun was not a great legal mind, but he was a great justice. In his later years, his vigorous dissents showed the human side of judging that is often ostenstatiously hidden by the justices. As someone who has worked on a capital case, I can say from experience that Blackmun hit it on the head when he called for an end to tinkering "with the machinery of death."
A justice like Blackmun will never come along again. The vetting and confirmation process has become too rigorous. Only those with a long paper trail and rigorous views will ever be nominated and confirmed, and that is a shame. I look at the doctrinaire conservatives on the Court today and shudder. It's impossible to imagine today's justices - Roberts (the smug protector of the status quo, who has shown little of his promised humility), Scalia (the heaven-sent interpreter of the Constitution, who is the only one alive who knows the Framer's intent), and Thomas (the self-hater who wishes to destroy the institutions that gave him so many opportunities) - ever having the thoughtfulness to rethink their entrenched positions.
That means decades and decades of the prosecution beating the defendant, the corporation beating the plaintiff, and the big guy beating the little guy. Justice Blackmun is needed more than ever, but it was a stroke of fortune to have had him at all.
The abortion question is so divisive, yet I find people rarely think it through and prefer to use it to bludgeon political opponents or assume an air of moral superiority. I get frustrated by this, because I want to know how it works. In truth I’ve never been made aware of a person who actually had an abortion, yet I seek to navigate the morass of confusion about what is most expedient and moral in regards to policy. Plus, I have interest in learning how laws are derived, especially when the decisions are wrenching and the sides evenly paired. Roe vs Wade was enacted when I was 13, so I only have experienced the aftermath of this most contentious issue that was subsequently re-litigated and continues to be debated and the cause of violence today. This book was perfect for explaining how the issue was decided (by 7-2 of the supreme court) and, mostly, the story of how the author of the majority opinion was thrust onto this stage as a junior member and took on this monumental debate.
The author writes well, and tells the story of how the Nixon-appointed, conservative leaning Harry Blackmun arrived on the scene. He was actually born in southern IL, in a town I’ve passed many times, but grew up in Minnesota. His boyhood friend and most endeared confidante, Warren Burger, preceded him to the supreme court and was Chief Justice when Harry joined (he was 3rd choice by Nixon, getting the job by default when the other two were not confirmed). Blackmun corresponded frequently and kept nearly all his papers, resulting in a treasure trove of detail regarding his inner life and thought processing. He was a nerdy note taker and reader from youth on, keeping lists and holding himself to spartan discipline by making goals and lists and a meticulous diary. Improbably, he went from being one of the most conservative members to one of the most liberal during a time when the previously liberal (Warren) court was turning quite sharply to the right. It so happened that conservative administrations (Nixon, Reagan, Bush and Bush) nominated the slates, so it is ironic that Blackmun (and later Souter) changed their tunes – a time when the appointees were less politicized (or perhaps that’s just my interpretation).
Roe was decided and argued primarily leading up the 1973 decision to protect physicians from criminal prosecution in states and to prevent the mortality and injury to women who sought non-legitimate means of abortion. It is not news that women will have abortions, regardless of legalities, as it has happened throughout history. This has led not only to the death of the fetus but much trauma and death to the women seeking these means. It was only later that the rights of women became an argument for abortion, and this was important to Sandra Day O’Connor’s vote in 1992’s Planned Parenthood vs. Casey. Blackmun became something a reluctant spokesperson for women’s rights through this process, a mantle he eventually embraced.
Roe is often misunderstood (few take the time to actually read it) in that it doesn’t entirely prevent states from passing anti-abortion laws, it simply limits those controls to the 2nd and 3rd trimesters: The first 13 weeks where it is protected vs the 2nd and 3rd where the states have increasing “interest” in the life of the fetus. The vast majority of people are comfortable with the morning after pill, or immediate interventions in the case of rape or interest, whereas nearly everyone is outraged at a late term voluntary abortion (recall Trump’s rhetoric about “ripping babies from the womb just prior to birth”). There is an enormous swath of common ground on the issue, and if we get down to actual case studies, I believe 99% of us would be in violent agreement. But, I digress: Blackmun’s division of state interest into 3 trimesters was entirely reasonable. Of course, the middle trimester is where the action is, and O’Connor noted that technology will push that earlier, as the age of viability improves. Ironically, those arguing states should be able to limit abortion (decrying federal control of Roe) now often want the federal court to make it a crime, thereby criminalizing it as it was before 1973.
Blackmun’s friendship with Warren Burger was a central theme. They ultimately became estranged, largely through divergence of opinion on the court. This showed how professional differences are inextricably linked to the personal. Most of us have lost friends as we diverge ideologically. The supreme court justices are prone to this, as they are intellectually active throughout life and always evolving, none more than Blackmun. His intellectual journey led him to some interesting places, including those on equal and civil rights and the death penalty. His tenure was a ferment of issues (1970-1994), but perhaps they always have been. This book illustrates the importance of an independent judiciary who are free to form opinions free of bias. Today’s political polarization is worrisome, and I hope our institutions can bear it.
The author did a commendable job, and her prose is good. Being a legal scholar, she likely felt the writing was overly simplified (I won’t say “dumbed down”), but to a layperson (like) me, it was a little tedious. But by that token, I appreciate the difficulty of doing this (I try to explain science to those without background and get frustrated) and, bottom line, I found this highly informative and entertaining. Weaving the man’s personal life and friendships (many, many tidbits about notes passed and interactions on the court) was a nice touch. Highly recommended reading.
Justice Blackmun had a long and distinguished career on the bench, and for a reluctant appointee he took the job on with industriousness that typified his personality. Owing to the fact that he took copious notes and kept them all (a one-man discovery treasure trove!), the author had a first hand account of what he was thinking when he analyzed cases as well as his interaction with his fellow Justices on and off the bench. If you are familiar the the Court and it's landmark rulings, you know Justice Blackmun as the author of the majority opinion in Roe v. Wade, the still controversial decision protecting a woman's right to choose which he authored early in his court career. The author uses his papers regarding abortion rights, the death penalty, and sex discrimination cases to provide insights into his jurisprudence. She also examines his complex and long relationship with Warren Burger, which frankly I found fascinating. I had no idea they were childhood friends and remained close personal friends for many years, yet was a relationship that fractured during their respective tenures on the bench until the end of their lives. One of the things that intrigues me is the way in which the Justices develop personal and professional relationships regardless of the differing positions they may take on issues that come before the Court. This book satisfies that curiosity in touching on Justice Blackmun's relationship with many of the Justices he served with, from Thurgood Marshall to Clarence Thomas and Antonin Scalia. Enjoyable, informative, well-written, I very much enjoyed this book.
More history than biography, written almost entirely on the basis of Blackmun's recently unsealed papers (he kept everything). It's a bit of a weird book because of that. The opening biographical sketches getting Blackmun to his Scotus appointment are very cursory, as these things go, and the real meat of the book is the themed sections on abortion and Blackmun's authorship of Roe, then the death penalty through Greg v. Ga. and beyond, and to women's rights (which were, by the way, completely unrelated to the abortion issue for Blackmun, at least at first).
Ah, Blackmun. Thin-skinned, tetchy, precise, finicky, rigorous, occasionally quite funny. That comes through in this book, in his personal notes, casual correspondence, editorial marginalia on letters and drafts. What doesn't really come through is the bigger picture. You'd really think that the personal papers would give the best view of how Blackmun, the Nixon appointee, swung in the last third of his life from voting almost entirely with the conservative Burger end of the court to almost entirely with Brennan and often Marshall. But Blackmun, who wrote down nearly everything else, didn't really explain that, and neither does this book, quite. So the focus on the Blackmun lens is interesting, but not as illuminating as I thought it would be, and the whole book is a bit lighter weight than I was hoping.
A very good history of one man's contributions. The role that "Roe" ended up playing in his life was unexpected and unfortunate because, as author Linda Greenhouse makes plain, his contributions to constitutional law and scholarship were immense. Oftentimes it is easy to forget that these are just men and women that we have asked to perform a thankless task – Greenhouse makes plain that at least Justice Blackmun struggled daily with what it meant to be on the Court and to shape the rights of so many.
I didn't know a lot about Harry Blackmun before starting this novel. That may, in part, be a reflection of my own ignorance. But, I think it's also a reflection on the time during which Blackmun served on the Supreme Court, and how much has changed since then. On this first point, Blackmun, appointed by Nixon, joined the Court in 1970 and retired 24 years later in 1994. That's a long period of time (his tenure is, currently, the 30th longest of any Justice). But, it's also a period during which the Court's decisions, relative to the Warren Court preceding it, feel retrospectively haphazard--it ambled towards intermediate scrutiny of sex-based distinctions, it put a brief hiatus on capital punishment (with Blackmun representatively reluctant on both of these issues). The Court, as a whole, didn't reflect a tilt or a defining jurisprudence, and its Justices arguably reflected that. And, to the extent Blackmun began to carve out a more liberal identity himself during that time, his judicial positions and convictions remained overshadowed by Marshall and Brennan (and, for the first half of the 1970s, Douglas). On this second point, more than 25 years have passed since Blackmun left the Court, and nearly 50 years since he authored Roe. Abortion has remained consistently before the Court, such that, perhaps, the author of the original decision considering the right to abortion, has dimmed.
Blackmun was an interesting Justice, whose evolution as a Justice stands out perhaps more than his jurisprudence. His successor, Justice Breyer, speaking at his eulogy, commented, "It is not often that a man or woman of sixty-one, in a cloistered office, manages through the years to find, not a narrowing, but a broadening of mind, of outlook, and of spirit. But that's what Harry Blackmun found. " 250. That evolution is what makes him interesting. And Greenhouse's insight into that evolution is well-done. Greenhouse contends that Blackmun's defense of Roe in other areas (e.g., in applying the right found there to protect commercial speech, to seemingly treat poverty as a suspect class), ultimately led him to becoming the liberal stalwart that he's viewed as today.
I like Greenhouse's writing--I regularly read her NYT columns, and I generally agree with her perspective. "Becoming Justice Blackmun" reads as more of a popular history text than an opinion piece and succeeds on that ground. Not knowing a lot about Blackmun before, I'm not sure what insight it provides as a history text; but, at the very least, the sources on which its based--a firsthand examination of all of the Justice's personal and professional papers--likely make it a unique endeavor. In particular, Greenhouse does a good job at using Blackmun's correspondence with the other Justices, to illuminate his role on the court and his relationship with his colleagues. Certainly the most interesting of these is his relationship with Chief Justice Burger--a childhood friend who he seemingly grew to loathe during his time on the Court.
This kind of book is right in my wheelhouse; I'd gladly read any (not too long) examination of a Justice, based on his personal papers. In her prologue, Greenhouse comments that Chief Justice Burger's will be made public in 2026. Assuming she--20 years after the publication of this book--examines those and writes a similar work about CJB, I'll gladly read it.
This is a concise biography of Supreme Court Justice Harry Blackmun. Because it is concise it focuses on a small number of his most famous decisions plus describing briefly how the Supreme Court functions and the relations between the judges. It doesn't spend any time describing a theory of law, but shows on specific concrete cases what he was thinking.
What was most interesting to me was seeing how a conservative judge of just a couple decades ago could take positions that would place him on the left end of the court today. The biggest difference seems to be that Blackmun always remembered that the law was about real people while the ultra-conservative judges regard the law as a theory distinct from the people it affects.
An interesting account of the Justice most known for his authorship of the Roe v. Wade majority opinion. A defender of women's rights to the end, this book does a decent job of telling the tale of a complex man from Minnesota who left an indelible mark on the history and course of this nation.
While Greenhouse expertly utilizes Blackmun's (then) recently publicized files to tell a readable, straightforward narrative on the justice's life and the inner-workings of the Supreme Court during those dysfunctional Burger years (providing a helpful quotes and summations of the court's thinking throughout its conservative lurch post-Warren Court), the biography as a whole is unstimulating. Aside from Roe v. Wade, Blackmun's career lacked another earthshattering opinion and his overall legal philosophy was mostly nondescript and colorlessly centrist[1] (while Posner & co. lambasted the former justice's notorious prose, he relied totally on his clerks to write his opinions). Greenhouse elaborating Blackmun's banal thought process on a death penalty or bankruptcy case is a slog to read and makes one pine for a rendezvous with a rambunctiousness rascal like Rehnquist-- however vile his positions-- or Stevens. Eventually, Blackmun's jurisprudence became a regurgitation of his infamous Roe reasoning, which became a paradigm to view all sorts of abortion and non-abortion cases. Moreover, Greenhouse's project suffers because her subject was a milquetoast man: a shy, square, conflict-avoidant Midwesterner who was prone to being weepy and lucked (without desiring so) his way into posts of historic significance. He was surrounded by big personalities during his time on the court-- from the surly White to grandiloquent Scalia-- and his introspective nature gets drowned out (or one wishes it to be so!). I suggest this book only to historians of the Court who lack access to the actual Blackmun files.
[1] Not that this is a bad quality in a judge for it seems out current Supreme Court is too ideologically fixated. However, one can be a non-political common-law judge and a keep the counsel interested (Holmes).
This is a fine book about the life of justice Blacknum, a person I have grown to really like in reading this book. A large focus of the focus is in the intimate relationship he had with chief justice Burger, a close childhood friend who was his strongest ally at bringing him to the Supreme Court just a couple years before he was faced with Roe v. Wade. The tone of the book is personal as the author Linda greenhouse draws from his personal papers donated tot library of congress in 2003. You find a persons of great integrity and respective of all, never acrimonious. The author takes us through the many cases he authored and his relationship with the other justices through his 24 years at the court. He grew much more liberal as he got older and voted much closer to Brennan than Burger when he first started. Overall enjoyable, particularly the first part of the book
Really interesting account of how harry Blackmun became a Supreme Court justice and went on the write Roe vs Wade and how his thinking changed from “the state shouldn’t penalize doctors who perform abortions”- the main point of that famous case-to how he became a advocate of women. His later cases were less doctor focused and had more concern for the woman. He also grappled with the death penalty and had a massive falling out with Warren Burger, his longtime friend. My one cavil-When describing cases, the author often says things like “they reversed the ruling if the lower court”-I can’t remember what she said the lower court decided, even if it was in the previous paragraph. Especially since that paragraph might have said “ the lower court found for the defendant. I find that confusing. Better for my twisted around brain to rephrase what the ruling said.
3.5 stars. I read this book in hopes of learning more about the inner workings of the mind of Justice Blackmun and the forces that shaped his thinking. While the author offered glimpses of this perspective, the vast majority of the book was dedicated to 3 different, although significant, topics within J. Blackmun’s life: Roe and cases touching on similar issues, the Burger-Blackmun relationship, and to a lesser extent Blackmun’s position in the court.
The book presents more as a survey of his pre-Court life with a relatively deeper analysis of J. Blackmun’s encounters with various issues on the SC. Overall, the book was an enjoyable and accessible read, especially noting the author’s opportunity to use J. Blackmun’s personal correspondence. A fascinating read during the KBJ confirmation hearings.
This short biography was well-sorted-out. It drew a clear arc from Justice Blackmun's beginnings at the Mayo Clinic through the surprise of his confirmation as an Associate Justice of the Supreme Court to the eloquent and motivated jurist he became. Because Linda Greenhouse limited her sources to the papers maintained by Justice Blackmun, many details were omitted and a truly objective portrayal of his impact became impossible. I'm glad I took the time to read it, especially having just finished Sisters in Law: How Sandra Day O Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World by Linda Hirshman.
I knew little about Justice Blackmun before picking up this book. After finishing the book, Justice Blackmun has become my second favorite Supreme Court Justice ever. (RBG will always be number 1.) I loved the angle that Greenhouse took to this book. She used Blackmun's own words, combing through his massive archive of public and private papers, to shape the narrative of his life making it almost a biographical memoir. Blackmun's own words guide this narrative yet he did not shape it as subjects tend to do in memoirs. Thus the narrative had close, personal insight as well as a a degree of journalistic separation. I absolutely loved this book and highly recommend it.
A great book if you are interested in the major Supreme Court cases from the 1970's into the 1990's. In particular, the abortion cases are examined in great detail, and the role that Blackmun assumed in becoming the great defender of the right to choose. The book very much concentrates on Blackmun's service on the court, with not much coverage of his personal life. This brings to mind Richard Posner's observation on judicial biography: "Few judges, however, prominent, have been extraordinary individuals; few have led interesting lives." I wish there was a little more material to work with to explore how the great friendship between Blackmun and Warren Burger soured over the years.
This is an excellent biography of Supreme Court Justice Harry Blackmun, the author of the Roe v. Wade decision. Looking particularly at cases involving abortion, women's rights, and the death penalty, the author traces Blackmun's judicial thinking and his evolution to more liberal views on these subjects. It also deals with Blackmun's estrangement from his boyhood friend Chief Justice Warren Burger as they increasingly part ways in their thinking. Blackmun's notes to himself and to other justices elucidate the work of the court.
Pulitzer Prize winner Linda Greenhouse has written an easily accessible, very readable biography of one of our best Supreme Court justices, Harry Blackmun. He was thrust into the national spotlight after his childhood friend, Chief Justice Burger, assigned him the task of writing the 7-2 opinion of the Supreme Court in Roe v. Wade. Over the years of his court tenure, Blackmun would mature to understand that women were equals and should be related to a secondary, or less, status in our laws. A good read.
Blackmun is not one of the best-known names from the Court, and unlikely to be either conservatives' or liberals' favorite, but Greenhouse does a good job placing him in history. This book combines a few fascinating narratives: the ideological history of Roe v. Wade and its future interpretations, the inner politics of the Court, Blackmun's lifelong relationship with Burger, and Blackmun's political growth over time. The insight into the workplace of the Court, from arguments that shaped politics over the next half-decade to small jokes between colleagues are worth the read.
This book provides such an incredible peek behind the scene of the Supreme Court, as well as a thorough review of the life of Justice Blackmun. I was a bit surprised by how much of a presence Justice Burger was in Blackmun's life - I had always known they were close, but not the full extent of it. While not always agreeing with his opinions, it's hard not to respect and admire him as a judge. If only we had a few more SCOTUS justices like Harry Blackmun on the bench today...
An excellent judicial biography. Tracks the personal and professional evolutions of one of the great Justices of the latter half of the 20th century. The background information on Roe v. Wade was fascinating, and one walks away from the whole experience lamenting the absence of a Justice Blackmun in America today.
Good book. Interesting insider information about the Supreme Court. Was also interesting to learn more about Justice Blackmun and how his views changed or evolved while he was on the Court. It was sad, though, to learn of the dissolution of his childhood friendship with Justice Burger because of their differences of opinions while on the Court.
I am glad it is over. Watching the High Court is something of a hobby and Blackmun was an enigmatic character.
This book spelled it out clearly from his Minnesota roots to his relationships, still it was a bit of a slog. When a life is largely devoid of scandal and intrigue one has to be set for a less than thrilling narrative.
I thought this book was really great. Fascinating portrait of a man capable of growth and changed convictions, all under the microscope of the general public. Reading about what SCOTUS used to be vs. what it is today is quite depressing.
This book traces the career of Harry Blackmun. He evolved from a conservative justice to a moderate and strong supporter of Roe vs Wade, which he thought was safe when he retired, and women's rights in general. How times change!
informative read that brings color to the life of one of the most notable SCOTUS justices, as well as the interpersonal relationships across different "eras" of justices beyond the bench and their respective chambers.