Wednesday, March 14, 2012


For most of my career as a practicing constitutional lawyer and law professor I’ve been a severe critic of the Supreme Court of the United States and most of its justices.  And with good reason!  See, for example (; and “Worst Supreme Court Decisions.”

There have been exceptions, of course, and some justices have written damn fine opinions.  Unfortunately, though, even most legal professionals—judges, lawyers, law professors, especially Conservatives and Libertarians—let alone laypersons, aren’t familiar with many of the best Supreme Court constitutional law opinions (most of which are dissents).  Those opinions deserve to see the light of day, and their authors acknowledged for fealty to the Constitution (even if their commitment is often fleeting).

To shed light on many of those opinions, I’ve decided to create a series of short eBooks entitled Best Opinions of the Supreme Court of the United States.  If the first couple of volumes elicit enough interest, from time to time Madison Press will publish succeeding eBook volumes containing majority, concurring and dissenting Supreme Court constitutional law opinions that I’ve selected and edited. 

My accompanying commentary will place the opinions into their appropriate factual and constitutional context and fully explain them in terms laypersons can understand.  Most, though not all, of the volumes will have a theme (e.g., religion, speech, contract, property).  Volume I deals with the subject of race in America.  There are five cases:

Plessy v. Ferguson.  Justice Harlan shreds the majority’s “separate but equal” ruling, on moral and constitutional grounds.

Korematsu v. United States.  Justice Jackson argues that the “relocation” of Japanese-American citizens during World War II was racist and  unconstitutional.

Runyon v. McCrary.  Justice White repudiates the majority’s perverse decision that in the name of “civil rights” private citizens can be forced to make contracts with persons of another race.

Fullilove v. Klutznick.  Justice Stewart opposes federal racial preferences for everyone from Negroes to Aleuts.

Grutter v. Bollinger.  Justice Thomas exposes the fallacies of, and destruction caused by, affirmative action.

Because these are actual Supreme Court opinions, in the justices’ own words, each volume of Best Opinions of the Supreme Court of the United States, Volume I, will quote extensively and thus be a reader in thematic subjects of American constitutional law.  The opinions will deal generally with individual rights, limited government, free markets, national sovereignty and security—specifically in the context of federalism, separation of powers, judicial restraint, speech contract, property, race, autonomy, religion and more.

Every volume in this series will contain approximately thirty to fifty pages.

All volumes will be available only as eBooks, on Kindle and other eBook digital reading devices.
No printed copies will be available.  
The most direct way to learn about publication of new volumes of Best Opinions of the Supreme Court of the United States is to register (free of charge) to receive my blog:  That's the only place I'll announce their availability.
This eBook was “published” today and starting about March 17th will become available on Amazon Kindle, iBookstore, Barnes & Noble, Sony, Kobo, Copia, Gardeners, Baker & Taylor and eBookPie.
Because my goal for this project is to illustrate to as many Americans as possible what Supreme Court decision making could be in a better judicial climate, Best Opinions of the Supreme Court of the United States, Volume I, is priced at $2.99.
If you find these books worthwhile, I have two requests.  One is that you inform as many people as possible about Volume I, and ask that they do the same.  This goes double for all Tea Partiers, because most of them have their own lists containing the names of like-minded folks.  Second, please write a positive review on Kindle and as many other e-book sites as you can.
One last point.  Best Opinions of the Supreme Court of the United States, Volume I, should not be confused with The American Constitution and Ayn Rand's "Inner Contradiction" (formerly entitled Constitutional Law 101, for the American Patriot), which I announced a couple of weeks ago.   
That book, some 200 pages in length, will be available both as an eBook and in a print edition (the latter through  Because print production takes longer than an eBook--though we are on schedule for publication in about four to six weeks--the eBook will come first and should be available in less than two weeks.