Nine Black Robes: Inside the Supreme Court's Drive to the Right and Its Historic Consequences

by Joan Biskupic

New York Times Editor's Choice "Biskupic, an accomplished and well-sourced journalist, knows the court as well as anyone now covering it... In her new book Biskupic has done something different and a good deal harder. She has written a group narrative that combines close accounts of the court's public business in the Trump years with a history of its private dramas and conflicts... The deeper message of 'Nine Black Robes' is that even with a new president in office we remain captive to the Age of Trump... A quiet urgency ripples through this informative, briskly paced and gracefully written book." — New York Times Book Review "Biskupic opens a window onto the opaque, insular world of the justices to show an institution sinking gradually into crisis . . . Biskupic is a longtime chronicler of the court, and "Nine Black Robes" puts on display her connections within its chambers." — Washington Post "[Biskupic] knows how to make news and illuminate the personalities atop the judicial org chart . . . The book reveals unseen sausage-making . . ." — Wall Street Journal "Fascinating and informative . . . [Biskupic's] long experience covering the court . . . has put her in an incomparable position to comment on its make-up, historical positions and direction. It has also made her privy to many significant, little-known secrets about Supreme Court personalities and their historical behaviors." — The National Book Review CNN Senior Supreme Court Analyst Joan Biskupic provides an urgent and inside look at the history-making era in the Supreme Court during the Trump and post-Trump years, from its seismic shift to the Right to its controversial decisions, including its reversal of Roe v. Wade, based on access to all the key players. Nine Black Robes displays the inner maneuverings among the Supreme Court justices that led to the seismic reversal of Roe v. Wade and a half century of women’s abortion rights. Biskupic details how rights are stripped away or, alternatively as in the case of gun owners, how rights are expanded. Today’s bench—with its conservative majority—is desperately ideological. The Court has been headed rightward and ensnared by its own intrigues for years, but the Trump appointments hastened the modern transformation. With unparalleled access to key players, Biskupic shows the tactics of each justice and reveals switched votes and internal pacts that typically never make the light of day, yet will have repercussions for generations to come. Nine Black Robes is the definitive narrative of the country’s highest court and its profound impact on all Americans.

Genres: Nonfiction, Politics, History, Law, Audiobook, American History, Legal

416 pages, Hardcover

First published April 4, 2023

About the author

JOAN BISKUPIC has covered the Supreme Court since 1989. Previously the Supreme Court reporter for The Washington Post, she is the legal affairs correspondent for USA Today, a frequent panelist on PBS’s Washington Week, and the author of Sandra Day O’Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice. She lives in Washington, D.C., with her husband and daughter.

Reviews

[Matt · Rating 4 out of 5]

As we have just witnessed the removal of affirmative action on college campuses and pasted the one year anniversary of the US Supreme Court’s overturning Roe v. Wade, the power of the Trump infused Court has made some significant policy and legal changes to long-standing tenets Americans have come to accept. CNN Senior Court reporter Joan Biskupic offers this thrilling look into the Court and its hard turn to the right with the addition of former President Trump’s appointees. Exploring not only the nine justices with brief biographies, but also an exploration as to how they decided recent cases, Biskupic makes the solid argument of the right-learning court, even as the justices refuse to label themselves by the president who appointed them. Chilling at times and highly informative, Biskupic pulls no punchers and does not let any of the nine do so either. A well-plotted piece that will leave readers thinking about the future of jurisprudence at the highest level in America.

The Trump era may only have lasted four years (and we can hope only four ever), but his legacy lives on with the three justices that he appointed to the US Supreme Court over his time in office. Joan Biskupic takes the reader thorough look at the two men and one woman who rose to the highest court, as well as how their appointment reinvigorated the right-wing interpretation of the law. Biskupic’s brief biographies provide the reader with some context to better understand where they came from and how they found themselves on the Trump radar, as well as what their early time on the Court has done for legal interpretation in the United States. While most of the biographical moments are known to many, there are some great nuggets in here for all to enjoy and better understand many of the views held by justices.

Biskupic delves into some of the key cases that came to the Court as well, testing the waters for how the super majority of six right-leaving justices decided things for the country. While there are still some ‘up in the air’ justices who surprise on occasion, most are fairly well ensconced in their views. From gay and transgender rights, access to abortion, voting permissibility, and rights of the individual versus the collective, the newly emboldened Roberts Court (so named for its Chief Justice) has taken it upon itself to tear down many of the laws and views that Trump espoused during his tumultuous time in office. While many cases have proven to be shocking, none appeared more jolting to centrists and those on the left than the removal of a woman’s right to choose abortion nationwide. While I am not here to offer my soapbox analysis of abortion, the reversal of five decades of law for what appears to be little reason other than the right’s desire to topple the apple cart leaves me wondering how safe Americans are for the foreseeable future with this supermajority that is sure to be impactful for decades.

Biskupic does not belabour this point, but she does analyze some great cases and explores how the different justices sought to explain themselves in an ever-changing world of laws and interpretations. I bask in all the explanations and how things come together with ease, while never really known when a justice will buck the trend and vote outside their traditional partisan lines. Biskupic offers insightful views and keeps the reader hooked with tales of cases, conferences, as well as happenings that are reported in the media. All this leads to an enriching reading experience and has me wanting to devour more about the Court, as well as looking to some of the seminal books about it from decades past. I am especially curious about one of a highly controversial nature that received a great deal of mention within these pages.

While the horizon is surely full of many more controversies, one can never be sure when they will come and how. they will be decided. The intrigue with the Court comes from its lifetime appointments and the uncertainty about which party will have a president in the White House at the time for appointments. While there have been some real backhanded actions by the GOP, one cannot discount the Democrats trying to push through one of their own in the current Biden Administration or whomever assumes the role after 2024. Whatever happens, it will provide new insights and ideas about how unpredictable laws and their enforcement can be in the United States, as well as how fickle some justices can be when they vote on a topic, finding their niche.

A book of this nature requires not only a clear direction, but a solid foundation to keep readers enthralled. Joan Biskupic does that repeatedly through this book, which seeks less to scorn the right-wind supermajority on the US Supreme Court than to show the lens through which they choose to interpret the law. Those who agree or disagree with surely be interested in all she has to say, as Biskupic pulls no punches and keeps things real for all to enjoy. Chapters are clearly paced and provide the reader with something interesting to see, while not getting too bogged down in the minutiae of the topics at hand. I found myself making sure to take mental note of everything that was happening, so I could better understand things or choose to explore some cases a little more. While I could surely read books about the US Supreme Court full-time and never tire of them, I want to make sure I get a well-rounded education of US constitutional law, which many of the stronger writers in the field tend to do. Biskupic provides thorough analysis and uses her insider contacts to develop strong views for all to explore. I have read some of her other work, but am eager to get my hands on more, as it is insightful and full of great educational moments. How could I not be eager to tackle more Court discussions, with such a vast array of laws and interpretations at my fingertips?

Kudos, Madam Biskupic, for a strong piece that forebodes what is sure to come!

Love/hate the review? An ever-growing collection of others appears at:
http://pecheyponderings.wordpress.com/

[Lisa · Rating 2 out of 5]

If you follow the news, there’s nothing new here. It’s essentially a recounting of appointments, cases, and politically charged legislative battles during the Trump presidency and the roughly two years thereafter, all of which have been well reported in the public sphere. If you’re expecting some exclusive interviews or behind the scenes reporting, skip this. This would better serve readers who don’t keep up with current events or those maybe a decade or longer on who didn’t live through this period and are looking for a play-by-play of events.

[Paul Womack · Rating 4 out of 5]

A fascinating read that confirms, for the most part, my depressed respect for the SCOTUS and most appointees on the Court. Just because a Justice is polite does not guarantee fairness or objectivity in making decisions and I must wonder about integrity. Not surprisingly, a non-justice is the primary villian, in my humble opinion, of discrediting the Court. That would be Mitch McConnell.

[Colleen Browne · Rating 5 out of 5]

The excellent research and writing make this book worthy for a 5 star rating but about two thirds through, I hated it- mainly because Biskupic exposes members of the court and Trump for what they are: disingenuous, corrupt disgraces to the country. I knew much of what was in the book but not all and what I did not know was further proof that Trump and several members of the court are incapable of making decisions that are inline with the constitution and reflect its living nature- not Scalia's twisted version.

[Aiden Guzman · Rating 4 out of 5]

Nine Black Robes details in great length the current state of affairs in the nation's highest court as well as interesting anecdotes from justices past and present. Biskupic's writing is extraordinarily easy to follow and takes readers from decision to decision with great ease. My only qualm with this book is that when Biskupic begins to discuss the decision in Dobbs v. Jackson Women's Health, or abortion more broadly, the language becomes muddled with the petulant whining that one would expect of a toddler rather than the pen of a Supreme Court academic. Overall, however, Nine Black Robes peels back the curtain on the mysticism of the court and lends helpful insight into the backgrounds that contribute to the behavior of the justices.

[Anna · Rating 5 out of 5]

A timely look at the modern workings of the Supreme Court by CNN Senior Supreme Court Analyst, Joan Biskupic. Clearly, Trump-era politics and manipulation have affected this Branch of our American Government and the pretentions are not without consequences. Biskupic tells us life stories of the justices on the court and some of their personal decisions made which could plague the American people for years to come. In almost warning fashion, how far will this conservative majority push their agenda in the highest legal system in our country? Must read.

[Ashton Prasatek · Rating 2 out of 5]

Biskupic is no Bob Woodward - The Brethern was the bar, and this fell seriously short. If you follow SCOTUS cases and notable opinions and dissents, there is nothing new here. Reads as if a Professor gave a student an assignment to summarize a period of time with an emphasis on SCOTUS.
I expected much more inside information and interviews to be woven into this book.

[Christine · Rating 4 out of 5]

If the people and events in this book were not real and going on as I write this review I would call it dystopian literature. But no, this book is an analysis and commentary on the SCOTUS covering the end of the Obama administration through the first years of the Biden administration. The author is a liberal journalist and the book bears her perspective regarding the actions of various justices and the outcomes of their decisions.
It provides background into the influence on judicial selection beginning in the late 60s/early70s, powerful groups and individuals involved in and too often directly controlling or manipulating the appointment of supreme court justices. It addresses some of the most impactful of decisions of the court and the actual or potential long term impact of the reinterpretation of the Constitution and the increasing politicalization and the personal perspectives of justices. It is somber and disturbing reading.
There are instances in the book where the author restates previously covered material and other instances where one is a bit lost in which case is being discussed. I had to do a fair bit of research to better understand a case but that isn't all bad; it's good education and hopefully will lead me to pay more attention to case rulings and the longer term implications.

[Colleen · Rating 3 out of 5]

Fuck (most of) those people. If you listen to 5-4 none of this will be new to you.

[Bas · Rating 4 out of 5]

Why would you read a book about the US Supreme Court , especially when you aren't even an American ? Well firstly because I think it's very interesting and I find the US political and judicial system fascinating. And secondly because in the current geopolitical situation I have a vested interest that the American political system stays stabile and doesn't completely goes bonkers. And the current Supreme Court isn't really helping at the moment...

I think this is a well written and accessible book about a tough subject. I had some knowledge about the Supreme Court and it's cases so that might certainly help but I don't think you should be very knowledgeable to understand the book. The fact that I have finished it in less than 2 days speaks about how addictive to read it was.

There are plenty examples of tragedy in this book. For example, Justice Ginsburg trying desperately to survive until the next election ( and hopefully a different president) to die a few months before the 2020 election. Justice Breyer staying longer on the court in a genuine believe he could help form a compromise about important issues like abortion and help the court's reputation to then completely fail. And the protagonist of this book ,Chief Justice Roberts who emerges as a flawed and tragic figure. He is desperately trying to protect the reputation and the neutrality of the institution but he is outflanked on the right by a conservative majority that doesn't care at all.

This isn't an optimistic book and doesn't give one much hope for the future. At times Biskupic seems understandably nostalgic for earlier times when there was an actually moderate centre at the court and Justices were able to go beyond political allegiances. As she says: 'this court has no middle... to hold' and to quote the dissent in Dobbs v Jackson Women's Health Organization: 'No one should be confident that this majority is done with it's work'

[Kathleen Nalley · Rating 5 out of 5]

Exceptionally well written and researched (66 pages of notes and index) discussion of the recent Supreme Court - its cases, rulings, historical context. In addition, the author reveals biographical overview of justices and the network of relationships that contributed to the eventual appointments and confirmations and decisions. I was absolutely amazed by the scope and web of these relationships. Well beyond the civility of a pair opera-going justices.

[JoAnn · Rating 5 out of 5]

This is an excellent book! Joan Biskupic has presented us with a well-researched, comprehensive, and objective look at the Supreme Court from the period following Antonin Scalia's death in February 2016 (when the senate chose not to take up Barak Obama's nomination of Merrick Garland because it was too close to a presidential election), to the death of Ruth Bader Ginsburg in September 2020 and the confirmation of her replacement just days before a presidential election, and through last year's Supreme Court term.

Regular readers of my blog know I'm a Supreme Court junkie. I've read several biographies (including two by Biskupic) of different justices, as well as a few other books about the court in general. This book has a broad focus as Biskupic chronicles both the work of the Court and events surrounding the Court.

Events surrounding the Court include death and retirement of justices, selection and vetting of new candidates, the confirmation process, the Covid pandemic, the working relationship between justices, and more.

The work of the Court delves into specific cases. Biskupic provides relevant background information, including the path cases take prior to appearing on the Court's docket. She covers oral arguments, behind the scenes negotiations ahead of rulings, Court decisions with vote counts, and significant quotes from judgements and dissents.

There is a lot of information here to absorb and digest. I found that a read/listen combination worked best for me as I read the book slowly, over a longer period of time.

Most of the information in this book is not new. It has been extensively presented over the years - in books, newspapers, magazines, online news sources, as well as podcasts and on television. Sometimes though, unless you're paying very close attention, it can be hard to wade through the content, put it all in context, and see trends as they develop. Reading through this history, thoroughly and logically presented in one book, was eye-opening.

This is an important book. It may require some patience and dedication to get through, especially if you are unfamiliar with the specific cases discussed, but I found it to be an interesting and extremely worthwhile read. Very highly recommended.

[Brian Ockerman · Rating 4 out of 5]

Shocking and sad. The inmates are truly running the asylum. The Roberts Court is strongly disconnected from the values of the majority of the country and are partisan hacks. Hiding behind the facade of minimizing Federal involvement in American life, their agenda aims to put life impacting decision making into the hands of dysfunctional, partisan and incompetent State Legislatures. This gives the best rationale for term limits and the elimination of lifetime appointments. Another example of Trumpism and its poisonous impact.

[Martin · Rating 5 out of 5]

We're in big trouble. I let Justice Sotomayor's words express my feelings:

"Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts? I don't see how it is possible."

Thank you Joan Biskupic for your amazing book.

[Regan · Rating 4 out of 5]

Fascinating look at the changes in the Supreme Court in the past 5-6 years under the Trump appointments. Biskupic gives her readers a look behind the scenes as well as some historical perspective. She gives an unbiased view of decisions that have been made that have altered our lives in a dramatic way. I read Bob Woodward's The Brethren when I was in law school in the early 1980's and it set the tone for how I saw the court at that time. For many years working in the legal profession I admired and had so much respect for the court. The past few years I've become disgusted -- starting with the lies told by the Trump Trio so they could get the job. They have become disrespectful of the law and I have little respect for the conservatives and how they are trying to turn our country down a dark path.

[WM D. · Rating 2 out of 5]

Nine robes was a good choice for a book but after reading it . The whole book was devoted solely to the Supreme Court under President trump. I wasn’t in the mood to read it

[Calla S · Rating 4 out of 5]

Closer like 4.5/5….very scary to realize how young the Trump justices are and could be on the bench forever but I also learned a lot about the Court more broadly and would recommend!

[Carol Kearns · Rating 5 out of 5]

Excellent overview of the recent changes that have taken place in the Supreme Court and how these nine people have such an oversized role in what happens in the lives of the people of America. In light of the fact that the Court has an oversized conservative/Republican majority (thanks to recently-indicted Trump) it was an interesting read.

[Hope · Rating 4 out of 5]

I truly loathe the supreme court

[Mary Agnes Joens · Rating 5 out of 5]

Extremely well-researched and well-written, though - obviously - infuriating.

[Colleen · Rating 5 out of 5]

Y’all - we are FUCKED.
I think we’ve all learned over the last few years that the Supreme Court justices are just as partisan and corrupt as those that serve in other branches of government, but seeing the clear delineation of that hyper-partisanship is startling and distressing. With the death of RBG and the ascension of the Handmaid who took her place, the guardrails have come off entirely. Ugh, of all the things to read on the 4th of July…this doesn’t exactly give me the warm ‘n fuzzies about my country. The next book I want to read about SCOTUS is a Jane Mayer-style expose that blows the lid off the sources financing the right-wing contingent because you just KNOW they’re deep in some very well-lined pockets.

[Leanna Solomin · Rating 2 out of 5]

I liked the authors writing style, but the content of the book just seemed to be the ideological viewpoints of the author backed up by cherry-picked facts and sound bites of unpopular politicians. Definitely not my favorite, and definitely not one to read if you want an objective take on the Court.

[Brandon · Rating 3 out of 5]

This is not quite the book I expected. When I went looking for a book about the new direction of the Court, I was trying to avoid those that might be more opinionated and hypercritical of the Court -- not necessarily because I disagreed with at least some of those critiques, but because I wanted a narrative more than a manifesto. That's why I chose Joan Biskupic's "Nine Black Robes." Biskupic is one of the best-sourced observers on the Supreme Court beat, and has written several books on the Court. And while "American Original," her biography of Antonin Scalia, at times seemed to be argumentative toward him, it was nonetheless relatively even-handed and sparing in its use of outright opinion.

"Nine Black Robes" is more infused with Biskupic's opinions -- often treated as fact or nearly so -- in a way that made the book more off-putting to me, even when I agreed with her. That's a matter of choice, to some extent, but it shows up in observations and asides that are unnecessary and seem more calculated to be a zinger or snappy line than grounded on fact. For example, at one point Biskupic writes:

"The anxious world -- as Kennedy put it -- failed to be reassured by Trump as time wore on." (P. 88). It is a striking statement, made more so by the fact that the accompanying footnote refers only to the Kennedy opinion she is referring to, not any basis for her statement that the world (whatever that means) was not reassured. No opinion polls or diplomatic research or foreign policy is cited. Biskupic speaks on behalf of the world.

She addressed John Roberts's role in Trump's first impeachment trial this way: "By taking no action to ensure the presentation of witnesses and documentary evidence, he implicitly threw his weight to the Republicans in their quest for a swift, superficial trial." (P. 173). Roberts did nothing of the sort. Be as critical as you want of the decision not to call witnesses, but as Biskupic herself notes, "[t]here was no tie vote in the Senate on any of the trial motions[.]" (Id.). A majority of the Senate voted not to call witnesses. To then call witnesses would have amounted to John Roberts -- without clear legal authority -- taking control of the United States Senate over its objections.

Throughout the book, Biskupic is also given to hyperbole that weakens rather than strengthens her analysis. "With the Dobbs decision as its capstone, the justices reordered every part of American life as the session came to a close . . . ." (P. 324). Certainly, the 2021-22 term of the Court had enormous impact, as Biskupic recounts. But every part of American life? Without exception? That seems a bit much.

The sad thing is that these asides undermine the great work Biskupic does along the way. She does bring us an inside look at the Court, even if there are few bombshells. (The treatment of the Dobbs leak is disappointingly brief and lacks new details, though that could have been as much about timing as anything else.) She does a good job of placing this moment in the Court's history in context. She is able to simplify complex legal arguments, though she arguably drops necessary nuance in doing so.

And I do not necessarily disagree with all her opinions. But the best current events books, to borrow a phrase, show rather than tell. Biskupic spends a lot of time on the former, sure. But she also spends too much time on the latter, even when it detracts from what she shows us about the Court.

[Victoria · Rating 5 out of 5]

I tend not to be very political and I prefer not to keep up with the news for my own mental health, but this book intrigued me because it was regarding the law and I feel like I don't know much about the Supreme Court other than they have the last say.

When Roe got overturned, it was a shock to me, my friends, and any other woman I knew. That was one thing I always counted on, was if something happened an abortion was available and contraception was available. That all changed in 2023.

This book takes you on the turbulent ride to how that happened and the many cases and rules and dissents that led to where we are today. I'm already not a Trump fan on the basis of being a woman, but this book had me visibly shaking my head at some of the things he said/did. Along with essentially gaming the Supreme Court. Having finished this it's a bit hard to have faith in the system because we have seen, precendent no longer seems to matter and the Court now seems to vote to uphold their own faith.

Imposing their own values and thoughts onto the law of the land is disappointing, and reading about how many cases were overturned or decided with that agenda in mind is just... I have no words. As a woman, I am both scared in the present and fearful for the future because I feel as if our rights are slowly being stripped away... and by a female justice no less.

Fantastic read, horrific content.

[Shelley · Rating 5 out of 5]

This book is well researched, well written, and provides a detailed history of the current Supreme Court. The author presents compelling evidence of the erosion of fairness, justice, and non-partisanship as conservative justices disregard precedence and the constitution in order to force their brand of morality upon the entire nation. It is shocking and alarming to note that their efforts continue to erode democracy and confidence in the judicial system in general; as well as their refusal to be accountable and transparent on an individual basis regarding gifts and associations that clearly point to conflict of interest and influence peddling. This is not a quick read nor an easy one, but is one I consider worthwhile and a must read for those who care about justice, democracy, and the founding principles of this country.

[Suzanne Grandt · Rating 4 out of 5]

Although I kept reasonably apprised of the news over the past few years regarding most major Supreme Court cases, I found this book very informative, well-researched, and easily digestible. Of course, it was expectedly painful to read the details of the court’s shift not just to the right but to see the erosion of any semblance of impartiality and precedent in favor of political and religious leanings.

The worst part is how much worse its gotten in the less than 2 years since this was published. How could the author - or any of us - be prepared for the presidential immunity decision and the current constitutional crisis coming out of Trump’s second term. As we continue down our descent into a real life version of Sinclair Lewis’ “it can’t happen here”, who knows what other 6-3 conservative decisions overturning decades of precedent to expand religious rights, gun rights, wealthy rights, corporate rights and evisceration of established liberties and laws designed to protect minorities, the poor and the environment we have to look forward to. How low can this Court go? How truly cruel can these justices be to not only the legal system and the constitution, but to humanity? Nothing seems surprising at this point. Why yes, it can happen here. It already is.

[Len Boselovic · Rating 2 out of 5]

As a post-mortem of 21st Century America, this is among the wonkiest. Wading through interpretations of legal opinions, whether they are based on established law or channeling the Founding Fathers, is not for the faint of heart. There is no doubt that Biskupic has the chops to tell the story; it's a question of how into the weeds readers dare to go. The main cast, a majority of them deplorable hypocrites (on and off the bench) doesn't make the undertaking any easier. And as with so many takedowns of the current ruling class, it begs the question: What are we going to do about it?

[Claire · Rating 5 out of 5]

Journalism is sometimes called the first draft of history, and this book is a history of mostly recent events by a journalist specializing in legal issues. To recent readers, the ratio of familiar and unfamiliar will vary with how much attention they have been paying to Supreme Court issues and decisions. These readers can skim the familiar and appreciate the details that go beyond what they knew. There are dips into older decisions where they are relevant to current cases. Readers can also appreciate pattern as it is shown to evolve. Future readers, on the other hand, will find the sweep and detail necessary and compelling in seeking to understand the development of the Court as we now experience it.

[Kaitlyn Dehais · Rating 4 out of 5]

a super in depth exploration of how scotus has become what it is today. i LOVED the insider info and gossip that biskupic was able to obtain from her connections with the justices. i already knew a lot of this information, but this was a unique and cohesive description of how our supreme court has become a truly political institution.
4 stars.

[Benjamin · Rating 5 out of 5]

Another really great summary of the hypocrisy and intense fuckery of the current Supreme Court. Would recommend this and “the shadow docket” to anyone who wants to better understand why Dobbs was one of MANY insane actions taken by the unelected court 😊