The Brethren was a best-seller that recounted details of interaectiosn among the Justices of the Supreme Court of the United States during the Burger era, based on information gathered from law clerks and others who were intimate with the de3tails of deliberations on the Court. Below is a chapter-by-chapter summary of the book.
The authors begin with Earl Warren, the Chief Justice of the United States, at the beginning of the Nixon Administration after Nixon had run on a platform opposing the Warren Court. Nixon was faced with the chance to nominate a Chief Justice to the Supreme Court because Warren was stepping down. In this section, the authors detail the controversies engendered by the search for a nominee, the in-fighting that took place, and the actions of various public interest groups and pressure groups. Warren E. Burger was the man nominated for the post, and the Senate hearings commenced. The Warren Court handed down its final three opinions, and Warren left, wishing his successor success.
The authors describe the first term of the Burger Court, beginning when Burger took over his office in July, though the Court did not convene until October as always. Burger was concerned about privacy for Court proceedings, opinions, and interactions among the Justices. Burger could control his own clerks, and he instituted a system that would prevent them from talking to other clerks or in any way giving away his thinking on issues raised before the Court. Burger also shunned opening lines of communication with the organized legal establishment.
The reactions of the other Justices to Burger varied. Hugo Black was the Court's senior member. He was concerned about Civil Rights issues and uncertain about Burger's attitude on the subject. The case he was concerned about was a school desegregation case from Mississippi. The authors describe the interaction that took place among the Justices as they argued the case and dec...