Out of Order: Stories from the History of the Supreme Court

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NEW YORK TIMES BESTSELLER

“I called this book Out of Order because it reflects my goal, which is to share a different side of the Supreme Court. Most people know the Court only as it exists between bangs of the gavel, when the Court comes to order to hear arguments or give opinions. But the stories of the Court and the Justices that come from the ‘out of order’ moments add to the richness of the Court as both a branch of our government and a human institution.”—Justice Sandra Day O’Connor

 
From Justice Sandra Day O’Connor, the first woman to sit on the United States Supreme Court, comes this fascinating book about the history and evolution of the highest court in the land.
 
Out of Order sheds light on the centuries of change and upheaval that transformed the Supreme Court from its uncertain beginnings into the remarkable institution that thrives and endures today. From the early days of circuit-riding, when justices who also served as trial judges traveled thousands of miles per year on horseback to hear cases, to the changes in civil rights ushered in by Earl Warren and Thurgood Marshall; from foundational decisions such as Marbury v. Madison to modern-day cases such as Hamdi v. Rumsfeld, Justice O’Connor weaves together stories and lessons from the history of the Court, charting turning points and pivotal moments that have helped define our nation’s progress.
 
With unparalleled insight and her unique perspective as a history-making figure, Justice O’Connor takes us on a personal exploration, painting vivid pictures of Justices in history, including Oliver Wendell Holmes Jr., one of the greatest jurists of all time; Thurgood Marshall, whose understated and succinct style would come to transform oral argument; William O. Douglas, called “The Lone Ranger” because of his impassioned and frequent dissents; and John Roberts, whom Justice O’Connor considers to be the finest practitioner of oral argument she has ever witnessed in Court. We get a rare glimpse into the Supreme Court’s inner workings: how cases are chosen for hearing; the personal relationships that exist among the Justices; and the customs and traditions, both public and private, that bind one generation of jurists to the next—from the seating arrangements at Court lunches to the fiercely competitive basketball games played in the Court Building’s top-floor gymnasium, the so-called “highest court in the land.”
 
Wise, candid, and assured, Out of Order is a rich offering of inspiring stories of one of our country’s most important institutions, from one of our country’s most respected pioneers.

Praise for Out of Order
 
“[A] succinct, snappy account of how today’s court—so powerful, so controversial and so frequently dissected by the media—evolved from such startlingly humble and uncertain beginnings.”The New York Times
 
“A brief and accessible history of the nation’s highest court, narrated by a true historical figure and a jurisprudential giant.”—The Boston Globe
 
“A vibrantly personal book [that] displays O’Connor’s uncommon common sense, her dry wit and her reverence for the nation’s institutions.”Richmond Times-Dispatch
 
“Full of riveting anecdotes . . . a compact history . . . albeit a more lighthearted, personality-filled one than you might find in a high school classroom.”—Associated Press


From the Hardcover edition.
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About the author

Sandra Day O’Connor was born in El Paso, Texas, and raised on the Lazy B Ranch. She attended Stanford University, where she took Wallace Stegner’s writing course. She began her public service in Phoenix, and was majority leader of the Arizona Senate before becoming a judge. She is the author of Lazy B, a memoir about growing up in the Southwest, and The Majesty of the Law, a reflection on American law and life. President Reagan nominated her as Associate Justice of the Supreme Court of the United States, and she served from 1981 to 2006. She serves as Chancellor of the College of William & Mary, and is on the board of trustees of the National Constitution Center in Philadelphia.
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Additional Information

Publisher
Random House
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Published on
Mar 5, 2013
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Pages
256
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ISBN
9780812993936
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Features
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Language
English
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Genres
History / United States / General
Law / Legal History
Political Science / American Government / Judicial Branch
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Content Protection
This content is DRM protected.
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Eligible for Family Library

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Sandra Day O'Connor
What was it in Sandra Day O'Connor's background and early life that helped make her the woman she is today-the first female justice of the U.S. Supreme Court, and one of the most powerful women in America? In this beautiful, illuminating, and unusual book, Sandra Day O'Connor, with her brother, Alan, tells the story of the Day family and of growing up on the harsh yet beautiful land of the Lazy B Ranch in Arizona. Laced throughout these stories about three generations of the Day family, and everyday life on the Lazy B, are the lessons Sandra and Alan learned about the world, about people, self-reliance, and survival, and the reader will learn how the values of the Lazy B shaped them and their lives.

Sandra's grandfather first put some cattle on open grazing land in 1886, and the Lazy B developed and continued to prosper as Sandra's parents, who eloped and then lived on the Lazy B all their lives, carved out a frugal and happy life for themselves and their three children on the rugged frontier. As you read about the daily adventures, the cattle drives and roundups, the cowboys and horses, the continual praying for rain and fixing of windmills, the values instilled by a self-reliant way of life, you see how Sandra Day O'Connor grew up.

This fascinating glimpse of life in the American Southwest in the last century recounts an interesting time in our history, and gives us an enduring portrait of an independent young woman on the brink of becoming one of the most prominent figures in America today.
Jeffrey Toobin
From the prizewinning author of The Nine, a gripping insider's account of the momentous ideological war between the John Roberts Supreme Court and the Obama administration.

From the moment John Roberts, the chief justice of the United States, blundered through the Oath of Office at Barack Obama's inauguration, the relationship between the Supreme Court and the White House has been confrontational. Both men are young, brilliant, charismatic, charming, determined to change the course of the nation—and completely at odds on almost every major constitutional issue. One is radical; one essentially conservative. The surprise is that Obama is the conservative—a believer in incremental change, compromise, and pragmatism over ideology. Roberts—and his allies on the Court—seek to overturn decades of precedent: in short, to undo the ultimate victory FDR achieved in the New Deal.
   This ideological war will crescendo during the 2011-2012 term, in which several landmark cases are on the Court's docket—most crucially, a challenge to Obama's controversial health-care legislation. With four new justices joining the Court in just five years, including Obama's appointees Sonia Sotomayor and Elena Kagan, this is a dramatically—and historically—different Supreme Court, playing for the highest of stakes.
   No one is better positioned to chronicle this dramatic tale than Jeffrey Toobin, whose prize-winning bestseller The Nine laid bare the inner workings and conflicts of the Court in meticulous and entertaining detail. As the nation prepares to vote for President in 2012, the future of the Supreme Court will also be on the ballot.
Stephen Breyer
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders.

It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge.   
To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations?

While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world.

Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.


From the Hardcover edition.
Sandra Day O'Connor
What was it in Sandra Day O'Connor's background and early life that helped make her the woman she is today-the first female justice of the U.S. Supreme Court, and one of the most powerful women in America? In this beautiful, illuminating, and unusual book, Sandra Day O'Connor, with her brother, Alan, tells the story of the Day family and of growing up on the harsh yet beautiful land of the Lazy B Ranch in Arizona. Laced throughout these stories about three generations of the Day family, and everyday life on the Lazy B, are the lessons Sandra and Alan learned about the world, about people, self-reliance, and survival, and the reader will learn how the values of the Lazy B shaped them and their lives.

Sandra's grandfather first put some cattle on open grazing land in 1886, and the Lazy B developed and continued to prosper as Sandra's parents, who eloped and then lived on the Lazy B all their lives, carved out a frugal and happy life for themselves and their three children on the rugged frontier. As you read about the daily adventures, the cattle drives and roundups, the cowboys and horses, the continual praying for rain and fixing of windmills, the values instilled by a self-reliant way of life, you see how Sandra Day O'Connor grew up.

This fascinating glimpse of life in the American Southwest in the last century recounts an interesting time in our history, and gives us an enduring portrait of an independent young woman on the brink of becoming one of the most prominent figures in America today.
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