
The Nine
9 minInside the Secret World of the Supreme Court
Introduction
Narrator: On a crisp September morning in 2005, the eight surviving justices of the Supreme Court gathered to say goodbye to their leader. As former law clerks, including a man named John G. Roberts Jr., prepared to carry the casket of Chief Justice William Rehnquist up the forty-four marble steps of the Court building, Roberts turned to the other pallbearers with a quiet warning: "It's harder than you think." His words were about the physical weight of the casket, but they also served as an eerie premonition for the immense burden he was about to inherit. This moment of transition, heavy with tradition and unspoken tension, perfectly captures the world Jeffrey Toobin unveils in his book, The Nine: Inside the Secret World of the Supreme Court. Toobin pulls back the curtain on the most secretive branch of American government, revealing that the grand institution, designed to be above politics, is in fact a cauldron of personality, ideology, and raw political power.
The Conservative Counter-Revolution
Key Insight 1
Narrator: For decades, the Supreme Court was defined by the liberal legacy of the Warren Court, which had dramatically expanded civil rights and individual liberties. This liberal dominance was so pervasive that in 1980, when Ronald Reagan won the presidency, a torts professor at the liberal bastion of Yale Law School canceled class to mourn the election. He asked for a show of hands, and in a room full of future lawyers, only two students admitted to voting for Reagan. One of them was Steven Calabresi. This experience of intellectual isolation was the spark for a revolution.
Toobin explains that Calabresi, along with other young conservatives, founded the Federalist Society. It began as a small student group but quickly grew into a powerful network for conservative legal thinkers who felt marginalized by the liberal establishment. Their core philosophy was "originalism," the idea championed by figures like Robert Bork and Antonin Scalia, which argued that the Constitution should be interpreted only according to the original intent of its framers. This was not just an academic debate; it was a direct assault on landmark liberal rulings, most notably Roe v. Wade. The conservative movement believed that since the framers never mentioned abortion, the right simply did not exist. Their strategy became clear: it wasn't enough to have better arguments; they needed new justices. This set the stage for decades of brutal confirmation battles and a relentless, strategic campaign to remake the Court from the inside out.
The Court of Queen Sandra
Key Insight 2
Narrator: The conservative revolution, however, hit a formidable roadblock: Justice Sandra Day O'Connor. As the first woman on the Supreme Court and a pragmatic rancher's daughter from Arizona, O'Connor became the most powerful justice in a generation. The Court was often split 4-4 between its conservative and liberal wings, leaving the final decision in her hands. Toobin reveals that O'Connor had an uncanny ability to gauge the mood of the country, and she used her swing vote to steer the Court toward the center, frustrating hardliners on both sides.
Her defining moment came in the 1992 case of Planned Parenthood v. Casey. The conservative movement was certain it finally had the five votes to overturn Roe v. Wade. Chief Justice Rehnquist had even assigned himself the majority opinion. But behind the scenes, O'Connor was working with Justices Kennedy and Souter. In a stunning move, the three jointly authored an opinion that saved the core of Roe. They upheld the constitutional right to an abortion while allowing states to enact more regulations, a compromise that infuriated conservatives who had come so close to victory. For years, the Supreme Court was not the Rehnquist Court or the Scalia Court; it was, in essence, the O'Connor Court. Her legacy was a series of 5-4 decisions that kept the nation from lurching too far to the right, but it was a legacy built on a knife's edge, vulnerable to the slightest shift in the Court's membership.
The Day the Judges Chose the President
Key Insight 3
Narrator: In December 2000, the Court faced its most explosive crisis in modern history: the presidential election between George W. Bush and Al Gore. When the Florida Supreme Court ordered a statewide recount of contested ballots, the conservative justices on the U.S. Supreme Court were furious. Toobin describes an institution on the verge of a nervous breakdown. Justice Scalia, convinced the Florida court was trying to steal the election for Gore, was so enraged he wanted to halt the recount immediately, without even hearing arguments. His draft opinion made his goal clear: to prevent a "cloud" from being cast upon what he saw as Bush's legitimate victory.
The internal conflict was raw and personal. Justice Breyer tried to broker a compromise, suggesting they send the case back to Florida with instructions to create a single, uniform standard for counting the votes. But Justice O'Connor had already made up her mind. She felt the whole controversy was a mess and that the American people, like her, just wanted it to be over. The Court’s 5-4 decision in Bush v. Gore stopped the recount and effectively handed the presidency to George W. Bush. The majority opinion was carefully limited "to the present circumstances," a legal move that critics saw as an admission that the Court was not setting a new legal principle but simply picking a winner. In a blistering dissent, Justice John Paul Stevens wrote that the true loser of the case was clear: "It is the Nation's confidence in the judge as an impartial guardian of the rule of law."
The Roberts Era Begins
Key Insight 4
Narrator: The fragile balance of the Rehnquist Court finally shattered with the death of the Chief Justice and the retirement of Sandra Day O'Connor. This gave President George W. Bush the chance to fulfill the conservative movement's ultimate goal. His first choice to replace O'Connor was his White House Counsel, Harriet Miers. The nomination was a disaster. Conservative activists, who had spent decades building an intellectual movement, were horrified. Miers had no judicial record and no clear ideological credentials. They saw her as a crony, not a true believer. The backlash was so swift and severe that Miers was forced to withdraw.
Having learned his lesson, Bush turned to a name that was music to conservatives' ears: Samuel Alito. A federal judge with a long and documented conservative paper trail, Alito was everything Miers was not. His 1985 job application for the Reagan administration, in which he proudly stated his disagreement with the Warren Court's rulings, became a conservative badge of honor. With the smooth confirmation of the brilliant John Roberts as Chief Justice and the contentious confirmation of the reliably conservative Alito, the O'Connor era was definitively over. The 5-4 majority she had so often led was gone, replaced by a solid conservative bloc. The counter-revolution that began in a Yale classroom decades earlier had finally reached its destination, ushering in a new, more conservative era for the Supreme Court and for American law.
Conclusion
Narrator: Jeffrey Toobin's The Nine masterfully dismantles the myth of the Supreme Court as a remote and impartial institution. Its single most important takeaway is that the law is not handed down from on high; it is forged in the crucible of human interaction, shaped by the ambitions, biases, and relationships of nine individuals. The justices' decisions on the most profound issues of American life—from abortion to presidential elections—are inextricably linked to their personal histories and ideological convictions.
The book leaves us with a stark and challenging realization: the future of the Supreme Court is not decided in the courtroom but in the voting booth. Because justices serve for life, a single presidential election can alter the course of American law for a generation. The ultimate power to shape the Court, Toobin shows, rests not with the nine justices in their black robes, but with the citizens who elect the presidents who appoint them.