Supreme Inequality

“Meticulously researched and engagingly written . . . a comprehensive indictment of the court’s rulings in areas ranging from campaign finance and voting rights to poverty law and criminal justice.” —Financial Times A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.

“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.

From New York Times bestselling author Adam Cohen, a revelatory examination of the conservative direction of the Supreme Court over the last fifty years since the Nixon administration In the early 1960s, the Supreme Court led by Chief Justice Earl Warren was at the height of its power, expanding civil rights for the poor and minorities and promoting equality. Its rulings integrated schools across the South, established the Miranda warning for suspects in police custody, and recognized the principle of one person, one vote. But when Warren retired in 1969, newly elected President Richard Nixon, who had been working tirelessly behind the scenes to put a stop to what he perceived as the Court's liberal agenda, had his new administration launch a total assault on the Warren Court's egalitarian victories, moving to dismantle its legacy and replace liberal justices with ones more loyal to his views. During his first three years, he appointed four justices to the Supreme Court, thereby setting its course for the next fifty years. In Supreme Inequality, Adam Cohen surveys the most significant Supreme Court rulings since Nixon and exposes how rarely the Court has veered away from its agenda of promoting inequality. Contrary to what Americans might like to believe, the Court does little to protect the rights of the poor and disadvantaged, and, in fact, it has not been on their side for decades. Many of the greatest successes of the Warren Court, such as school desegregation, voting rights, and protecting workers, have been abandoned in favor of rulings that protect corporations and privileged Americans, who tend to be white, wealthy, and powerful. As the nation comes to grips with two new Trump-appointed justices, Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation's soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land, and shows how much damage it has done to America's ideals of equality, democracy, and justice for all.

Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

To become the first female Jewish Supreme Court Justice, the unsinkable Ruth Bader Ginsburg had to overcome countless injustices. Growing up in Brooklyn in the 1930s and ’40s, Ginsburg was discouraged from working by her father, who thought a woman’s place was in the home. Regardless, she went to Cornell University, where men outnumbered women four to one. There, she met her husband, Martin Ginsburg, and found her calling as a lawyer. Despite discrimination against Jews, females, and working mothers, Ginsburg went on to become Columbia Law School’s first tenured female professor, a judge for the US Court of Appeals, and finally, a Supreme Court Justice. Structured as a court case in which the reader is presented with evidence of the injustice that Ginsburg faced, Ruth Bader Ginsburg is the true story of how one of America’s most “notorious” women bravely persevered to become the remarkable symbol of justice she is today.

A revolutionary new argument from eminent Yale Law professor Daniel Markovits attacking the false promise of meritocracy It is an axiom of American life that advantage should be earned through ability and effort. Even as the country divides itself at every turn, the meritocratic ideal – that social and economic rewards should follow achievement rather than breeding – reigns supreme. Both Democrats and Republicans insistently repeat meritocratic notions. Meritocracy cuts to the heart of who we are. It sustains the American dream. But what if, both up and down the social ladder, meritocracy is a sham? Today, meritocracy has become exactly what it was conceived to resist: a mechanism for the concentration and dynastic transmission of wealth and privilege across generations. Upward mobility has become a fantasy, and the embattled middle classes are now more likely to sink into the working poor than to rise into the professional elite. At the same time, meritocracy now ensnares even those who manage to claw their way to the top, requiring rich adults to work with crushing intensity, exploiting their expensive educations in order to extract a return. All this is not the result of deviations or retreats from meritocracy but rather stems directly from meritocracy’s successes. This is the radical argument that Daniel Markovits prosecutes with rare force. Markovits is well placed to expose the sham of meritocracy. Having spent his life at elite universities, he knows from the inside the corrosive system we are trapped within. Markovits also knows that, if we understand that meritocratic inequality produces near-universal harm, we can cure it. When The Meritocracy Trap reveals the inner workings of the meritocratic machine, it also illuminates the first steps outward, towards a new world that might once again afford dignity and prosperity to the American people.

One of America's great miscarriages of justice, the Supreme Court's infamous 1927 Buck v. Bell ruling made government sterilization of "undesirable" citizens the law of the land New York Times bestselling author Adam Cohen tells the story in Imbeciles of one of the darkest moments in the American legal tradition: the Supreme Court's decision to champion eugenic sterilization for the greater good of the country. In 1927, when the nation was caught up in eugenic fervor, the justices allowed Virginia to sterilize Carrie Buck, a perfectly normal young woman, for being an "imbecile." It is a story with many villains, from the superintendent of the Dickensian Virginia Colony for Epileptics and Feebleminded who chose Carrie for sterilization to the former Missouri agriculture professor and Nazi sympathizer who was the nation's leading advocate for eugenic sterilization. But the most troubling actors of all were the eight Supreme Court justices who were in the majority - including William Howard Taft, the former president; Louis Brandeis, the legendary progressive; and Oliver Wendell Holmes, Jr., America's most esteemed justice, who wrote the decision urging the nation to embark on a program of mass eugenic sterilization. Exposing this tremendous injustice--which led to the sterilization of 70,000 Americans--Imbeciles overturns cherished myths and reappraises heroic figures in its relentless pursuit of the truth. With the precision of a legal brief and the passion of a front-page exposé, Cohen's Imbeciles is an unquestionable triumph of American legal and social history, an ardent accusation against these acclaimed men and our own optimistic faith in progress.

In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.