Rachel A. Shelden’s book, The Political Supreme Court: A Forgotten History will be released Tuesday, October 27, 2026, by the University of North Carolina Press (W. Hodding Carter III Books Series).
For the first century of the nation’s history, the Court was unmistakably a political institution, both by design and in practice. Justices were fully expected to engage in partisan politics—there was no concern that such engagement would lead to corruption or undue bias—and they remained deeply involved in civic debate and the electoral process while on the bench. In addition to hearing cases in the capital, each justice spent much of his time “riding circuit” and presiding over federal trial courts. On circuit and in Washington, nineteenth-century justices wrote for partisan newspapers, drafted legislation, advised partisan allies, campaigned for colleagues, and even ran for political offices from the bench. Through these political interactions, members of the Court helped shape debates about the Constitution’s meaning at a time when most Americans did not believe in judicial supremacy. In this sweeping history, Shelden brings readers inside the social and political world of the justices, recovering their essential role in the nineteenth century’s turbulent politics. She also charts shifts at the turn of the twentieth century, when members of the Court and the legal community refashioned the judiciary as an apolitical institution, setting the stage for an increasingly more powerful—and more isolated—modern Court.
The Political Supreme Court: A Forgotten History is available for preorder now!
