November 27, 2025

"Of all the genres of unsatisfying nonfiction, books by Supreme Court Justices may be at the top of the heap."

"One subset is the memoir that focusses on the Justice’s early life, ending before confirmation. Justice Sonia Sotomayor’s 'My Beloved World,' Justice Ketanji Brown Jackson’s 'Lovely One,' and Justice Clarence Thomas’s 'My Grandfather’s Son' are examples. These can be gripping narratives and helpful to understanding a Justice’s formative years, but by definition they omit what readers most want to know: what the Justice did on the Court and why she did it. Another category is the learned disquisition on the law, as in Justice Neil Gorsuch’s 'A Republic, If You Can Keep It' and Justice Stephen Breyer’s 'Reading the Constitution.' These, too, fall short of readers’ hopes, for the simple reason that the authors resist any temptation to rule and tell. They write about their understanding of the law and the judicial process, but when it comes to their dealings with colleagues they remain resolutely circumspect. Barrett’s book is a mashup of the two forms: memoir and personal reflection are interlaced with explanations of legal doctrine. (Her grandmother’s unwritten recipe for shrimp remoulade provides a jumping-off point for discussing the benefits of a written constitution: 'Unwritten constitutions, like unwritten recipes, can be hard to pin down.')"

Writes Ruth Marcus, in "How the Supreme Court Defines Liberty/Recent memoirs by the Justices reveal how a new vision of restraint has led to radical outcomes" (The New Yorker).

This definitely gets my "unread books" tag (though I did read, a blog about, "My Grandfather's Son"). 

Marcus gives the Justices credit for writing "about their understanding of the law," but do they? How could they really?

Here's my old post "What I really think about the Clarence Thomas book" (from October 2007). I sort of "live-blogged" my reading of that book, and along the way, I was "accused both of fawning over him and of obsessively hating him," but, I said:
I neither love nor hate Clarence Thomas. I have some strong ideas about writing, especially memoir writing, and if I'm going to read a book, I'm going to impose my standards on the writing. I'm not about promoting or indicting the writer. I'm genuinely interested in writing as writing....

I say: either write a book or don't write a book, but don't write a fake book. Don't put your name on a book-shaped object just because you're a celebrity and you can get publishers to publish it and publicists to get you on talk shows and lure readers to give up their money and time. If you're going to write a book, you owe your allegiance to the reader above all. If you've got a conflict of interest, recuse yourself!

(Please read David Foster Wallace's essay on Tracy Austin's memoir in "Consider the Lobster." He faults her for her allegiance to friends, family, and everyone else, and lays down the rule that the writer's duty is to the reader.)...

36 comments:

Temujin said...

I repeat, you'd have made a great editor. You would still.

Eric the Fruit Bat said...

I subscribed to The New Yorker long enough to learn I'm not interested in reading book reports about books I'm not interested in reading.

Lucien said...

Speaking of views on the law, when Congress passes a bill 1000 pages long and no one who votes on it has read it, what’s the rationale for applying textualism to interpret the part on page 602 that says “Title 12, section 21(c)(6) is amended by adding ‘except on Tuesdays’ after the second sentence”?

Dave Begley said...

I have an autographed copy of “My Grandfather’s Son.” I thought it was an interesting book. He worked very hard as a boy and one summer built a house with his grandfather. After he quit the seminary, he was walking the street and just ran into a nun who told him about a new scholarship program at the College of the Holy Cross.

Clarence was a radical in college. He walked around campus in battle fatigues.

And it would be foolish for a Justice to gossip about the inner workings of SCOTUS just to please Ruth Marcus.

Just an old country lawyer said...

I really would like the remoulade recipe if anyone on here has Justice Barrett's book. Otherwise, I really don't care.

narciso said...

Thomas book was a great book most of the others are just tripe

john mosby said...

Ciso: there’s a tripe recipe too? Remoulade on tripe….mmmmmm….CC, JSM

narciso said...

Kind of like ropa vieja not really

David Duffy said...

I read the Thomas book and the Gorsuch book out of curiosity. Thomas’ personal story is compelling reading. Gorsuch’s book gave me insight into a legal-orientated mind. I wouldn’t be able to do a proper book report. But, like everything I’ve read, they are with me and help me occasionally in conversation. Personal conversation. I’m not much for the engagement in the comment section of blogs. Although I really like reading the comments and have my favorite people here.

Birches said...

"My Grandfather's Son" is one of my favorite books. I bribe my children to read it.

Eva Marie said...

1. The previous post was written in 2007. Is it my imagination, or was there less anger in the comment section than there is now?
2. I read My Grandfather’s Son for his childhood memories, not for the hearings or his thoughts on the law.
3. Like him or hate him - I like him. A lot. I’d like him even more if I thought he had lied in the hearings.

Dave Begley said...

The Adventures of Huggy Bear the Raccoon Paperback – May 31, 2015
by Jerry Koch (Author), Ruth Marcus (Author)

RCOCEAN II said...

If we're going to give these unelected lawyers almost complete power over every aspect of the Government (roberts and his gang are about to rule who can raise or lower tarriffs for example) is it too much for these SCOTUS justices to just shut up and judge?

I know they want to "cash in" - but frankly none of them are particularly interesting as people. Thomas was an exception, since the Liberal/left put him through a "high-tech lynching" and because of his rags to riches story. Probably another was Scalia - due to his brilliance and charisma.

But for the most part they're just smart, somewhat dull people who got to the top of the legal profession.

tim maguire said...

'Unwritten constitutions, like unwritten recipes, can be hard to pin down.'

Countries with unwritten constitutions are fooling themselves. They don't have constitutions, they have norms that a judge may or may not bother to respect.

I live in a country with lots of documents that together get called a constitution, but it's really no better than not having one. And it shows in how the country is run and the people's relationship to government. The United States is the only country in the world with citizens. Everybody else has subjects.

Left Bank of the Charles said...

“If you're going to write a book, you owe your allegiance to the reader above all.“

Althouse thinks she believes that but of course does not, at least when it comes to her own blog writing, which would not be improved by that maxim.

I read “Go East, Young Man” by William Douglas, which was given to me by my Republican father. It was a major influence on my life, in the sense that I also chose to make my life in the East when the rest of my family went West.

I’ve always meant to read “Lazy B: Growing up on a Cattle Ranch in the American Southwest” by Sandra O’Connor, but haven’t gotten around to buying a copy.

“An Hour Before Daylight” by Jimmy Carter was also very good. Can you imagine a book by Donald Trump about his own childhood?

peachy said...

Ruth Marcus - lol

ColoComment said...

Justice Thomas's "My Grandfather's Son," was excellent reading, because he has a phenomenal personal story to tell. Others? No so much. Successful lives, but not the extraordinary tale told to us by Thomas.
For understanding the law (in eversomuch as I may be able....), I really liked "Scalia Dissents," by Kevin Ring. Scalia was not only a learned ("learn-ed") justice, he was also an entertainingly funny, downright witty, individual.
To this day, I read dissents before (or sometimes in lieu of) reading the opinion.* ...because that's typically where the most interesting arguments are found. IMHO.
* ...unless the ruling breaks breathtaking new ground, or reverses long-recognized precedent: then I'll for sure read the opinion.... :- )

Olson Johnson is right! said...

Did they mention any of Scalia's books? A Matter of Interpretation is a fantastic read for a non-lawyer. Clear explanation of the 'dead' vs 'living' constitution. Its just a essay and then there are responses from four or five law professors and then Scalia replies to their replies. Can I say that this is a funny book? I think humor counts for a lot when judging writing as writing.

John henry said...

Justice Douglas wrote half a dozen non-fiction books that are kind of interesting:

Of Men and Mountains (1950)
My Wilderness: The Pacific West (1960)
My Wilderness: East to Katahdin (1961)
A Wilderness Bill of Rights (1965)
The Three Hundred Year War: A Chronicle of Ecological Disaster (1972)
Go East, Young Man: The Early Years (1974, autobiography with large sections on the outdoors)

(Per Grok)

John Henry

Valentine Smith said...

From a naïf, me: The declaration of independence and the Bill of Rights are the most revolutionary documents of all time.

John henry said...

I read My Grandfathers Son back when it came out. I thought it a terrific book. I should probably read it again.

John Henry

Sebastian said...

"what the Justice did on the Court and why she did it" Thomas does't need to write that kind of book: better than anyone, he has been writing it for decades in his actual opinions.

The contempt of the left for that man, with that history, is the ultimate tell.

mccullough said...

Only thing worse than memoirs are reviews of memoirs

John henry said...

I finally got around to reading Donald Trump's "The Art of the Deal" a few months ago after having put it off for 20-30 years.

Yeah, it was ghost written. Yeah, the ghost writer NOW says that Trump didn't participate at all.

It is still a terrific book. It feels like Trump wrote every word. I doubt that he did. Though I suspect he had more involvement than the ghost writer now says.

The ghost writer did one Hell of a job to capture the feeling like that.

Unlike Hilary, who went around denying she had a ghost writer, talking, not about "my book" but on at least several occasions, calling it "the book that I wrote".

Trump was never shy about having a ghost writer. The guy's name is right there on the cover "Donald J Trump with Tony Schwartz"

And if you think about it, why wouldn't he have a ghost writer? He doesn't design his buildings, he hires architects. He doesn't write the contracts, he hires lawyers. Picasso didn't make the sculptures, he designed them and an artisan (not an artist) made them.

Writing a book is not that hard (I've written 6) but sure is time consuming. Trump certainly had better uses for his time.

OTOH, if Hilary had closeted herself away and done nothing but write for a year or two, the world would be a better place for lack of her screwing with it.

John Henry

John henry said...

Tim M,

Re the famous "British Constitution" Bagehot wrote what is still supposed to be the definitive "History of the British Constitution" in 1866 or so. In the Netflix series Queen Elizabeth referenced it several times as guiding her.

A couple years after writing it, Bagehot wrote a 2nd edition. In the forward to the new edition he explains that it is necessary because Prime Minister Palmerston(?) changed the constitution so drastically as to render Bagehot's first history obsolete.

Our, 2-1/2 century old Constitution is still valid. It has not been rewritten or, really, modified. We have had 17 Amendments in that time. with the exception of prohibition, all have been for the purpose of clarifying and amplifying the original Constitution and the rights held (not granted to) citizens.

One Hell of an accomplishment.

John Henry

John henry said...

The difficulty is the greater because a writer who deals with a living Government naturally compares it with the most important other living Governments, and these are changing too; what he illustrates are altered in one way, and his sources of illustration are altered probably in a different way. This difficulty has been constantly in my way in preparing a second edition of this book. It describes the English Constitution as it stood in the years 1865 and 1866. Roughly speaking, it describes its working as it was in the time of Lord Palmerston; and since that time there have been many changes, some of
spirit and some of detail. In so short a period there have rarely been more changes. If I had given a sketch of the Palmerston time as a sketch of the present time, it would have been in many points untrue; and if I had tried to change the sketch of seven years since into a sketch of the present time, I should probably have blurred the picture and have given something equally unlike both.


Bagehot, preface to the 2nd edition, History of the British Constitution.

John Henry

john mosby said...

Left Bank: "Can you imagine a book by Donald Trump about his own childhood?"

I can. If he was open and honest, it would have a lot of interesting stuff. Learning the business from his German grandmother. Being raised by his Western Isles mum. Whatever got him sent to military school. Dealing with the addictive personalities in his family. Realizing what a horndog he was growing up to be. Realizing he had the money to do something about it. Living in NYC before it went to shit. Etc. CC, JSM

Big Mike said...

They write about their understanding of the law and the judicial process, but when it comes to their dealings with colleagues they remain resolutely circumspect.

As they should.

n.n said...

Someone has to determine the democratic consensus.

Jersey Fled said...

I highly recommend the documentary “Created Equal: Clarence Thomas in His Own Words”.

imTay said...

William O Douglas’s book get a hearty recommendation from my teenage self, anyway. I remember reading all the ones our library had in a row. Have not gone back as an adult, however.

hombre said...

Eva Marie: “The previous post was written in 2007. Is it my imagination, or was there less anger in the comment section than there is now?”

In 2007 we thought the Democrats and their media pets were just assclowns. Some things happened in 2008 and since that have shown them to be dangerous assclowns.

Lazarus said...

The one thing George W. Bush did right was not write a book.

Left Bank of the Charles said...

I did read The Art of the Deal, but Mosby’s imagined book would be more interesting.

Ampersand said...

Clarence Thomas has a great back story and I found his memoir entertaining and informative. Ruth Marcus is a lefty tool.

Dave Begley said...

Jersey Fled:

Agree. Excellent movie. Great pictures of his wife when she was younger. She was the most beautiful woman in my law school class.

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