The Most Dangerous Branch: Inside the Supreme Court's Assault on the Constitution

Kaplan, former Newsweek legal affairs editor, chronicles the modern Supreme Court and challenges its reputation as "the least dangerous branch." He argues that the Court has too much power and is too political. In the first half of the book, Kaplan examines the modern Court and its conflicts, including the long fight over a replacement for Associate Justice Antonin Scalia (1936–2016). He further asserts that the nomination and confirmation process skirts debate over important legal issues, thereby undermining an effective democracy. The second half focuses on cases that have negatively affected the Court, such as Bush v. Gore and Roe v. Wade. Kaplan contends that these and other high-profile cases should have been decided by Congress or by lower courts. By appropriating this power for itself, the Court has overstepped its role and weakened the other branches of government.