Points Bookshelf: “Glass and Gavel” by Nancy Maveety

“Look, I like beer, okay? I like beer.”

If there is no other solace from the painful testimonies we heard from Christine Blasey Ford and Brett Kavanaugh last September (and there is not), at least we have Matt Damon’s portrayal of the justice on Saturday Night Live.

(The Washington Post made this helpful mashup if your memory needs refreshing:)

With Kavanaugh’s declaration of his beverage of choice still fresh in our minds, Nancy Maveety couldn’t have chosen a better time to publish Glass and Gavel: The U.S. Supreme Court and Alcohol (Rowman & Littlefield, 2019), which details the two-hundred-year-long relationship between alcohol and our highest court. This swift-moving, thoroughly-researched, and useful (it contains recipes!) analysis of the often-tempestuous relationship between alcohol and constitutional law is a useful addition to the canon, not only because its history is unique–to my knowledge this the first extensive history of the Supreme Court’s alcohol rulings–but its format is unique as well. By combining a summary of the Court’s rulings with insightful drinking biographies of the justices themselves, Maveety has crafted a story that shows how America’s alcohol laws have shifted over time, alongside revealing portraits of how our country’s drinking culture has evolved along with, or in spite of, the legal landscape. 

Screenshot 2019-03-25 14.59.06Each of the fourteen chapters focuses on a single Court era, as defined by its sitting chief justice, and Glass and Gavel moves swiftly from the John Marshall Era (1801-1835) to the John Roberts Era of today (2005-current). We watch as justices debate the question of who should be held responsible if liquor is “taken to excess” (this was during the Fuller era, 1888-1910, and Justice Stephen J. Field argued that it was not the seller’s fault), to more modern questions of regulating out-of-state alcohol sales during the “Rehnquist Era of Neo-Temperance” (1986-2005). Major rulings are outlined, Prohibition dominates the middle part of the book, and, by gaining deeper insight into the justices’ own views on drinking, we watch the history of America’s relationship with alcohol unfold from the lofty position of the judicial bench. Glass and Gavel is the story of alcohol in American life and law, told through the lens of the Court’s chief cocktail.

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