History reminds viewers: Supreme Court has nine lives

Originally published in Current, Nov. 6, 2006
By Jeremy Egner

A new documentary by New York’s WNET peeks behind the bench of one of the most powerful — and least familiar — major U.S. institutions.

The Supreme Court, a four-hour doc slated to air in two parts on Jan. 31 and Feb. 7 [2007], surveys the history of the court of last resort largely through the lives and rivalries of its justices, the unelected lifetime appointees whose decrees affect nearly every facet of Americans’ daily lives, from the racial makeup of public classrooms to the price of milk.

“Certain cases have been expanded upon endlessly . . . but we wanted to provide a real contextual overview,” says WNET’s Jody Sheff, e.p. “We’re taking a holistic look at the institution itself.”

Narrated by actor David Strathairn (Good Night and Good Luck), The Supreme Court uses elegant animation, archival photos and film footage and interviews with legal scholars and court luminaries such as Sandra Day O’Connor and current Chief Justice John Roberts to explore the stories behind some of the most controversial and momentous landmarks in U.S. legal history.

Though the case titles may be familiar, their back stories still pack suspense for anyone who’s forgotten the finer points of high school civics classes.

Law professors translate legalese to English; they spell out, for example, why the arcane-sounding doctrine of judicial review — introduced with Marbury v. Madison in 1803 — provides the legal backbone of the court’s power. (One source, journalist and law professor Jeffrey Rosen, a frequent NPR contributor, wrote a companion book for the series.)

The legal history is offset by justices’ bios that reveal the opinionated individuals beneath the robes and the human motivations behind landmark decisions.

“We select several key figures and look at what shaped their beliefs,” Sheff says. “It gives a foothold that hopefully gets viewers personally involved.”

The stories of these 106 white men, two black men and two white women have been largely ignored by pop history but are nevertheless fascinating.

John Marshall, who shaped and broadened the Supreme Court’s jurisdiction, did so largely in defiance of Thomas Jefferson, who preferred strict limits on the court’s power. He also knew how to party—he ordered his wine by the pipe, an old unit of measurement that equates to 126 gallons.

Hugo Black joined the court in 1937 even though he never finished high school and was a former member of the Ku Klux Klan. He became such a renowned champion of civil rights that he couldn’t visit his native Alabama without wearing a bulletproof vest.

“The president is ‘the face’ of the executive branch of government, but the court is often viewed as monolithic,” Sheff says. “I never realized how human and accessible it is.”

Sheff, who “grew up in a household of lawyers,” came up with the idea for the doc five years ago, she says. While the contentious nominations of recent appointees John Roberts and Samuel Alito may have created more public interest in the court’s inner workings, it also scared off some potential sponsors.

“Sometimes the marketing people would say, ‘This is too controversial, and the funder doesn’t want to get embroiled in politics or controversy,’” Sheff says. The doc is apolitical, she says.

New York Life opted to fund the series and companion educators’ website, www.historyofsupremecourt.org, to “broaden knowledge of history and understanding of what may be the least understood branch of government,” said Sy Sternberg, New York Life c.e.o. The John D. and Catherine T. MacArthur Foundation provided additional funding. WNET won’t say how much the project cost.

Outreach efforts include a discussion guide that highlights how court decisions have influenced daily activities in the lives of young people. Producers also hope to partner with member stations on related local events.