Scorpions

The Battles and Triumphs of FDR's Great Supreme Court Justices

By: Noah Feldman

Narrated by: Cotter Smith

Length: 14 hrs and 38 mins

Publisher's summary

A tiny, ebullient Jew who started as America's leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed.

Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare.

Scorpions tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.

©2010 Noah Feldman (P)2010 Hachette Audio

Love it!

I learned a tremendous amount from this book. Both relative to legal ruling how the supreme court work. I found out the where is the saying “a stitch in time saves nine” The history of the relationship between them and Roosevelt. Maybe more important the interpersonal relationships these legal giants.
How these brilliant men from varying backgrounds, different life styles and ambitions could come together for maybe the most important supreme court ruling ever in Brown vs Higher Education.

Narrated as admirably as it is written!

I won't attempt to review the substance of this absolutely outstanding book--for that you can find many worthy examplars at amazon.com. What I will say is that, contrary to what is stated by audible, the book is not narrated by the author (whom I have heard speak) but by someone sounding entirely different. That person, it must be said, does a fabulous job. He has a deep, authoritative, and very pleasing voice. That and the cadence and diction are just right, notwithstanding the very occasional and probably inevitable mispronounciations (as, for example, calling the Massachusetts town "STOUT-AN" and not "STOW-TON.") I simply can't recommend this audible book too highly!

The Penumbrae in Douglas's Private Life Chaos

I read history avidly, have practiced law since 1986, and at one time or another have read most of the Supreme Court cases Dr. Feldman discusses in his book. I am in the textualist/originalist camp(s) of Constitutional interpretation myself, viewing judges who "discover" things not written in the Constitution as suspect, usurping the role of Congress or the people. Dr. Feldman is of another school and I respect his opinions because they are in the open and well supported.

Dr. Feldman is a very careful and well respected scholar (google his Harvard Law School faculty bio where he teaches). He appears to believe that the proper way to interpret the Constitution is as a "living constitution." There is more nuance to his philosophy, and I may have it wrong (he is a Harvard Constitutional Law professor and I have only read this one book of his) but a "living constitution" appears to be an important part of that philosophy.

In addition, my conclusion that Dr. Feldman supports a "living constitution" is based on his seeing a great hero for new, individual Constitutional rights in William O. Douglas who pioneered the "living constitution." Which is how Douglas in Griswold v. Connecticut located privacy rights in the "penumbra" of other individual rights in the Constitution which in turn lead to and Roe v. Wade a few years later and the judicial activist approach in recent years. (Interesting discussion in the book about judicial activism circa post-Civil War which was at the other end of the pendulum.)

Chp. 33 of the book makes one wonder about the "genius" of Douglas's living constitutional views which Dr. Feldman traces to Douglas's amoral personal life. The first Justice to divorce. Serially unfaithful with many affairs. Four divorces and marrying women decades younger than himself to whom he was also unfaithful. Dr. Feldman praises Douglas's living constitution discoveries and opines that what lead Douglas there appeared to be Douglas's "breaking the bonds of his personal obligations" and the accompanying "chaos in his personal life." This is what a scholar who supports Douglas's penumbra discoveries says.

There is much much more to the book to ponder, in every chapter. The book is worth reading at least twice. Dr. Feldman makes many shrewd, thought-worthy observations about the Court in the 1930s to 1950s which lead to the Warren Court and to which the current Court is making adjustments.

Thank you Dr. Feldman for your book. Thank you for your candor in your judgments that make it easy for someone with somewhat different views to chew on, consider, reconsider, and be able to go back to and consider again. And I will, e.g. =

1) How does Brown v. Board of Education, which I support and believe is the second most important Supreme Court decision, and possibly the result of judicial activism, square with a textualist/originalist interpretation of the Constitution?
2) Is Brown in the middle of the judicial activism pendulum and therefore excused?
3) And is there a slippery slope there to avoid?

An Easy Way to Learn History

Any additional comments?

This peek into history reads like a novel and the narrator (not Noah Feldman, but Cotter Smith) does an outstanding job of drawing you into the personalities and issues of the period. While I have not quite finished this audio book, I am enjoying it immensely and congratulate Professor Feldman on his excellent work.

Informative and Thoughtful

What made the experience of listening to Scorpions the most enjoyable?

Learning so much about the individuals who impacted our society

What was one of the most memorable moments of Scorpions?

The push for additional justices that lead to a reversal by the Court.

What does Noah Feldman bring to the story that you wouldn’t experience if you just read the book?

His interest and respect for Justice Frankfurter.

Was there a moment in the book that particularly moved you?

Justice Jackson's effort to become Chief Justice.

Any additional comments?

Highly informative regarding the period in time that changed our country.

Great History, Legal Analysis and Story Telling.

This is not only the story of four Supreme Court Justices but (albeit partial) history of the New Deal era and the legal struggles to establish New Deal programs. The lives and character (and contradictions) of the four Justices (Frankfuter, Black, Jackson and Douglas) are developed as well of those of contemporary jurists and historical figures. In addition to being a professor at a prestigious law school, Mr. Feldman is a good storyteller. The performance is excellent. Highly recommended to anyone interested in history. While initially united by their New Deal liberalism, the justices eventually went their separate way in their views of the Constitution and its interpretation. Author Feldman makes a persuasive argument of the importance of these Justices in the development of constitutional thought.

Awesome Read

This book made a very recent road trip fly by. I enjoy a great diversity of books. This book has to be my top five. Its a perspective of the great depression, war time and post war time which I found surprisingly fascinating. I would't hesitate to recommend this to a friend.

Cant stop listening again and again

I bought the book in 2012 and I listen at least once a year. Great story, research and narrator!

Excellent Insight!

Excellent insight into the thinking of these four great men. At times I felt I was there.