The New York Times best seller no one is talking about.
By Dahlia Lithwick
Posted Friday, April 1, 2005, at 3:21 PM PT
If a book lands on the best-seller list and nobody hears it, did it really happen? Mark R. Levin's Men in Black: How the Supreme Court Is Destroying America was ranked eighth on the New York Times list this week; it's been on that list for six weeks now, and seems to be leaping off the bookshelves, despite the fact that it concerns constitutional law and the U.S. Supreme Court. Yet it has been reviewed virtually no place and written up by almost no one. True, Charles Lane did a piece about it in the Washington Post a few days ago; he noted that absolutely nobody who writes, talks, or thinks about the high court has even read it. It's selling, it seems, almost entirely due to endorsements by Rush Limbaugh, Sean Hannity, and Fox News.
Men in Black was published by Regnery Publishing—the outfit that brought us Unfit for Command: Swift Boat Veterans Speak Out Against John Kerry last summer. Serious journalists spent serious time debunking the claims set forth in the Swift Boat book, but absolutely no one seems to be taking on Levin. This isn't too surprising: For one thing, there's no election on the line. And for another, no serious scholar of the court or the Constitution, on the ideological left or right, is going to waste their time engaging Levin's arguments once they've read this book.
I use the word "book" with some hesitation: Certainly it possesses chapters and words and other book-like accoutrements. But Men in Black is 208 large-print pages of mostly block quotes (from court decisions or other legal thinkers) padded with a forward by the eminent legal scholar Rush Limbaugh, and a blurry 10-page "Appendix" of internal memos to and from congressional Democrats—stolen during Memogate. The reason it may take you only slightly longer to read Men in Black than it took Levin to write it is that you'll experience an overwhelming urge to shower between chapters. <snip>
Perhaps my colleague Dan Gross is right and the wing-nuts are simply starved for new subjects. But maybe the far-right really thinks that attacking the independence of the judiciary as a whole is a smart move. Levin pays some lip service to the idea that the federal bench needs to be stacked with right-wing ideologues in his penultimate chapter. But he betrays early on his fear that even the staunchest conservative jurist is all-too-often "seduced by the liberal establishment once they move inside the Beltway." Thus, his real fixes for the problem of judicial overreaching go further than manipulating the appointments process. He wants to cut all judges off at the knees: He'd like to give force to the impeachment rules, put legislative limits on the kinds of constitutional questions courts may review, and institute judicial term limits. He'd also amend the Constitution to give congress a veto over the court's decisions. Each of which imperils the notion of an independent judiciary and of three separate, co-equal branches of government. But the Levins of the world are not interested in a co-equal judiciary. They seem to want to see it burn. <snip>
http://slate.msn.com/id/2116087/