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The Tenth Justice: The Solicitor General and the Rule of Law Hardcover – October 12, 1987

5.0 5.0 out of 5 stars 1 rating

Discusses the responsibilities of the U.S. Solicitor General, and argues that the Reagan administration has attempted to use the position to further partisan goals
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Editorial Reviews

From Publishers Weekly

Caplan's meticulous expose throws a spotlight on a drama hidden from public view. He charges that the Reagan administration has compromised the independence of the Solicitor General, the lawyer who is responsible for recommending which cases should be heard by the Supreme Court and for shaping the government's legal position on cases before the Court. Archibald Cox and Thurgood Marshall are among those who have held the post of Solicitor General, sometimes called the "tenth justice." Caplan maintains that Solicitor General Charles Fried and, before him, Rex Lee, acted as mouthpieces for Reagan, pushing his social agenda, which calls for banning abortion, promoting prayer in the schools and ending school busing and affirmative action. A former White House Fellow and author of The Insanity Defense and the Trial of John W. Hinckley, Jr., Caplan implicates Edwin Meese and assistant attorney general for civil rights, William Reynolds, in the attack on the Solicitor General's traditional role. As Senate debate on Robert Bork's nomination gets under way, this dispassionately written study should make news. First serial to the New Yorker.
Copyright 1987 Reed Business Information, Inc.

From Library Journal

Caplan offers a fine analysis of major controversies about the role of law and recent Supreme Court decisions. He focuses on the solicitor general (SG), the individual who argues the federal government's position before the court. Caplan details many developments in the Reagan administration's Department of Justice and compares presentations of the Reagan political agenda to the court by the last two SGs. He argues that the legal positions of the SGs have lost credibility because of their recent partisan advocacy and emphasizes key cases. Highly recommended for an understanding of interactions between the executive and judiciary.Steven Puro, St. Louis Univ.
Copyright 1987 Reed Business Information, Inc.

Product details

  • Publisher ‏ : ‎ Knopf; First Edition (October 12, 1987)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 340 pages
  • ISBN-10 ‏ : ‎ 0394555236
  • ISBN-13 ‏ : ‎ 978-0394555232
  • Item Weight ‏ : ‎ 1.28 pounds
  • Customer Reviews:
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About the author

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Lincoln Caplan
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Lincoln Caplan is a Senior Research Scholar and an occasional Visiting Lecturer in Law at Yale Law School. He has written most recently for The American Prospect, The American Scholar, Harvard Magazine, and the website of The New Yorker.

He wrote about the Supreme Court as a member of the editorial board of The New York Times and as a staff writer for The New Yorker.

From 1998 until 2006, he was on the faculty of Yale Law School as the Knight Senior Journalist, where he was the founding editor and president of Legal Affairs magazine.

He is the author of six books about law, including the new book American Justice 2016: The Political Supreme Court, about the Court's most recent term. His other books are: The Insanity Defense and the Trial of John W. Hinckley, Jr., which (as excerpted in The New Yorker) won a Silver Gavel Award from the American Bar Association; The Tenth Justice: The Solicitor General and the Rule of Law, which was the first major book about that important post in the Justice Department and at the Supreme Court; An Open Adoption; Skadden: Power, Money, and the Rise of a Legal Empire, written with the support of a Guggenheim Fellowship and available in Chinese, Japanese, and Korean editions as well as English; and Up Against the Law: Affirmative Action and the Supreme Court.

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