American Justice 2016

Lincoln Caplan is a Senior Research Scholar and the Truman Capote Visiting Lecturer in Law at Yale Law School. He is author of The Tenth Justice: The Solicitor General and the Rule of Law; Skadden: Power, Money, and the Rise of a Legal Empire; Up Against the Law: Affirmative Action and the Supreme Court; and other books about legal affairs. He is a regular contributor to the New Yorker website, a member of the editorial board of the American Scholar, and a contributing editor of Harvard Magazine. He wrote about the Supreme Court as a member of the editorial board of the New York Times.

"Lincoln Caplan has written a timely, thoughtful, and elegant book. At a moment in our nation's history when the Supreme Court stands at the epicenter of some of the most contentious issues of our time, Caplan brilliantly captures the challenges facing the institution. His succinct suggestions for addressing these challenges reflect his devotion to the constitutional principles that have long made ours a great nation. Every citizen should read this book." (Margaret H. Marshall, Chief Justice of the Supreme Judicial Court, Massachusetts, 1999-2010) "Lincoln Caplan proves once again why he is one of our most indispensable observers of the Supreme Court. In American Justice 2016, he helps us make sense of one of the most peculiar and pivotal Supreme Court terms in modern history-a term that began with nine justices on the bench, ended with eight, and was embroiled throughout in partisan politics. Caplan, as ever, brings insight and clarity to a complex picture." (Jeff Shesol, author of Supreme Power: Franklin Roosevelt vs. The Supreme Court) "A timely, essential primer on Supreme Court questions both perennial and urgent. Lincoln Caplan nails this deadlocked moment, puts the question of politics and the Court in succinct historical context, draws wicked character sketches, and proposes specific reforms to bolster the Court's legitimacy." (William Finnegan, Pulitzer Prize-winner and author of Barbarian Days and Cold New World) "Lincoln Caplan has an unmatched ability to communicate complicated legal concepts in lucid, engaging, even dazzling prose. Here he incisively analyzes some of today's most contentious constitutional questions, deftly excavating the historical underpinnings of the disputes and distilling how insights from legal academia have transformed our understanding of the modern judiciary. This work is a splendid achievement." (Justin Driver, University of Chicago Law School) "This is a lucid, readable and deeply thoughtful book that begins with the widespread recognition that the legitimacy of the U.S. Supreme Court has been increasingly threatened by the Court's politicization. Lincoln Caplan's willingness to explore not only how we got here, but what we should do, guarantees that this book will be the centerpiece of important discussions." (Scott Turow, New York Times-bestselling author) "In this masterful analysis of the Supreme Court's 2015 term, Lincoln Caplan persuasively argues that there is no good reason to deny that the Court is a deeply political institution-and that, with the right reforms, there is every reason to celebrate that fact." (Paul Glastris, Washington Monthly)

• Introduction1. The Immigration Case2. A Political Institution3. Law and Politics4. October Term 20155. The Death Penalty6. Citizens and the CourtAppendix: Biographies of Current Justices of the Supreme CourtAcknowledgments