The Most Dangerous Branch

Inside the Supreme Court's Assault on the Constitution

By: David A. Kaplan

Narrated by: Dan Woren

Length: 16 hrs and 35 mins

Publisher's summary

In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril.

With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. Brett Kavanaugh—replacing Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work?

Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court—Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics.

Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.

©2018 David A. Kaplan (P)2018 Random House Audio

Critic reviews

“Show[s] how the justices take and rule on cases that they have, in Kaplan’s view, no legitimate role in deciding, and on the basis of legal reasoning that only barely masks partisan goals. The high-profile 5-to-4 opinions Kaplan highlights are deserving targets.”—The Washington Post

“[Describes] the behind the scenes dealing that led to the appointment of the sitting Supreme Court . . . Presented at a level of granularity with which you may not be familiar. It makes for engaging, if not reassuring, reading.”—NPR

“Kaplan writes in an engaging fashion throughout this detailed book. . . . The Most Dangerous Branch couldn’t be better.”—Associated Press

Great book on the Supreme Court.

I consider myself to be progressive and because this book is political I thought that was important to say, however I recommend it to a friend that is very conservative and we had surprisingly similar reviews. We we're both pleasantly surprised at the authors willingness to call out hypocrisy in both parties. The Supreme Court has become another partisan branch of government and this book really helps explain how that happened and even suggest a few remedies.

The early chapters belong in People magazine

It took a lot of patience to get to the meat of this book. It's no wonder so many reviewers, while praising the book overall, complain that it is long-winded. But I join them in saying that once he gets to his topic he does a good job with it.

Nice driving listen

For supreme court aficionados This is excellent listening material. However the authors attempt to Criticize the gay rights rulings along with the other bad rulings Seamlessly then ends by criticizing the dissents. It’s a comprehensive review oh justices going back till Warren Burger in varying capacities with concentrations on the most recent decades.

Thoughtful and Well Argued

Kaplan’s book makes a strong case that high profile cases that delight the left or the right - depending on the outcome - degrade democracy over time.

A Must Read

This book gives a detailed overview of the history of the US Supreme Court, its members, and its decisions.

Engaging critique of the court’s methods

This book usually reads more like an investigative exposé into the inner workings of the Supreme Court and its less-than-ideal members. The author lays out a case for how the Court has subverted the overall democratic process starting around the ruling of Roe and continuing into the present, albeit now under the sway of a different political party. He deftly points out the hypocrisy of many of the Justices responsible for these shifts, as well as the consequences of the court being transformed into just another political branch.

Naturally, the book itself is required to make a number of judgments about the Court’s motives. Readers may not always agree with the logic presented by the author, but most will find it worthwhile to hear the entire argument against judicial activism and the detrimental effects it has caused within the past few decades.

good book--- written with partisan view?

in my opinion this book was written from an liberal perspective, if you can overlook the clear partisan view from the author it is still very interested. the narration was also good quality

Great Insight

Well read. Well written. Thought provoking and a good starting point to consideration of a number of issues.

Thought provoking!

This book is a little tedious at times, but well worth slugging through. No matter what side of the fence you’re on, it will ask you to re-think your ideas about the Supreme Court.

Concise, educational, prefatpry

This book is an excellent summary of the first 2 decades of the 21st century -obviously in jurisprudential terms. How one branch of government has deemed it in its purview to perform other functions that should be delegated to the legislative and executive divisions is mind-blowing. Personal convictions about particular cases and their results are put aside and an objective analysis of the reality of what Scotus has become is narrated.