In an encyclopedic examination of judicial racism that distills over 200 legal cases (an exasperating majority of which make the reader want to scream Foul!), Burton and Derfner are as comprehensible in style as they are comprehensive in scope, delivering as much about race generally as about racial justice. Alert to the civil rights history of all racial groups, the authors focus primarily on African Americans. There is not much new here for constitutional scholars or legal historians (though they will certainly learn some social history), yet this is an extremely important and timely story very well told ... a gracefully composed and compelling read that cleanly and clearly synthesizes vast amounts of information. Yet, given all the wonderful historical context Burton and Derfner provide, it is curious how little backstory they offer about the justices themselves ... There is also very little about the process or qualifications by which justices ascend to the bench ... Many of the stories and cases considered in Justice Deferred are utterly heart wrenching.
... a learned and thoughtful portrayal of the history of race relations in America 'through the lens of the Supreme Court' ... In a feat of graceful compression, Burton and Derfner survey the whole of the Supreme Court’s encounters with race ... They infuse their text with a buoyant, humane, and steadfast liberalism that seems practically immune to discouragement ... however, they show with heartbreaking clarity how the Supreme Court has typically been more a foe than a friend to the pursuit of racial equality ... Burton and Derfner’s discussion of recent Supreme Court jurisprudence offers high levels of insight, and they provide reliable guidance on controversies involving affirmative action, capital punishment, regulation of police, and other vexing subjects. But they do overlook certain knotty complications that ought to be acknowledged ... the racial politics of crime policy are more complex than many people realize.
... the authors systematically examine key decisions of the Court that, in large measure, reflect rather than shape the nation’s attitudes on race, with a very uneven progression full of historical missteps that offer caveats going forward ... Justice Deferred offers a needed refresher course for faded memories on the Supreme Court’s unequal history with one of the key issues not only of our day, but one that has always been key in this country’s development—one that still requires more work.
... an extensive, thoughtful narrative charting the history and impact of race jurisprudence in the United States Supreme Court. The authors offer a clear perspective on the Supreme Court’s varied roles ... The book is smartly structured, both chronologically and topically, and the authors make complex information accessible ... With extensive notes, this superb volume is well positioned to be revisited as a reference. It will benefit scholars and students, as well as readers interested in civil rights and legal history.
... a comprehensive survey of the Supreme Court’s role in the battle for racial equality. Analyzing more than 200 rulings, the authors make clear that the court has more often been an impediment to progress than an ally of it ... Burton and Derfner offer copious evidence that justices have been influenced by the politics of their respective eras, and, in some cases...have ignored a statute’s wording in order to rollback minority rights. This meticulous deep dive into the court’s mixed record on civil rights is a must-read for legal scholars.
