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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Points Interview: Nancy Maveety

Today’s Points Interview features Nancy Maveety, Professor of Political Science at Tulane University in New Orleans, Louisiana, and author of the new book Glass and Gavel: The U.S. Supreme Court and Alcohol (Rowman and Littlefield, 2019). At Tulane, she teaches courses in constitutional law, judicial decision-making, and her latest special topics class “Booze, Drugs and the Courts.”

Screenshot 2019-03-25 14.59.06Describe your book in terms your bartender could understand.

A cocktail-by-cocktail history of the Supreme Court and its decisions on alcohol and the Constitution. Eras of American drinking, in terms of practices and favorite potions, are superimposed on their corresponding time periods of the tenure of each chief justice in the Supreme Court’s history—with those chief justice eras looked at in terms of alcohol and the law.  

What do you think a bunch of alcohol and drug historians might find particularly interesting about your book?

How both the social and personal behaviors and the decision making of the justices of the U.S. Supreme Court reacted to as well as contributed to a (or to each) particular American “regime” of beverage alcohol’s restriction or enjoyment. Sometimes, restriction and enjoyment were simultaneous behaviors, and constitutional law was the vehicle for their uneasy coexistence in American life.

Alcohol and drug historians who are not U.S. courts or legal specialists might be surprised at how much rich material there is, with respect to “the Supreme Court bar.”

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Nancy Maveety

Now that the hard part is over, what is the thing YOU find most interesting about your book?

The fact that the culture of beverage alcohol intersected so neatly with the justices’ own drinking behaviors and preferences, as well as so often with the major issues in constitutional law, across the history of the Supreme Court.

For instance, it was just too perfect that at the same time that vodka really emerges in the American spirits pantheon, by the early 1960s or thereabouts, Chief Justice Earl Warren was ordering the vodka gimlet as his cocktail of choice (at the many lunches and banquets where his predilection is remembered and recorded).

Likewise, Supreme Court cases that raised questions about states’ regulations as to who could drink (legally), or who could work as a bartender, for instance, were among some of the major twentieth century decisions on gender discrimination and equal protection of the law under the Bill of Rights. The regulation of alcohol is a pretty frequent factual element of a lot of U.S. constitutional law—on major constitutional issues, to do with congressional commerce power, federalism, 1st Amendment freedom of speech, 4th Amendment privacy issues…the list goes on. Contemporary social attitudes toward alcohol don’t line up perfectly with Court rulings, of course, but many alcohol-related controversies are definitely products of their times.

Every research project leaves some stones unturned. What stone are you most curious to see turned over soon?

I’d love to see more archival work on alcohol in American political and legal life—more investigation into the nexus between political organization and social transformation in the U.S. and bars, drinking, and liquor as both a commodity and a vice.

Personally, I hope to be able spend more time immersing myself in the archival record of cocktail origins and fashions, and their connection to famous political moments or periods in American social history. Similarly, I want to do more detective work on the cocktails of choice of each of the justices of the Supreme Court!

BONUS QUESTION: In an audio version of the book, who should provide the narration?

Ken Burns—as long as he also agrees to serialize the book for PBS!

Could the Supreme Court’s Forfeiture Ruling Help End the Drug Wars?

Did the Supreme Court unanimously de-escalate the drug wars last month? The optimist in me says “yes,” and the historian in me agrees.

In Timbs v. Indiana, the Court ruled that the state could not seize and forfeit the plaintiff’s Land Rover as a result of his drug conviction. While this decision alone will not end “policing for profit,” it will subject state asset-forfeiture laws to unprecedented scrutiny. Michigan and South Carolina legislators immediately introduced bills to reform asset forfeiture, for example, and district attorneys in Alabama scrambled to show how their forfeitures are already transparent and constitutional.

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Drug War Dissents: Robinson v. California

Editor’s Note: This post is brought to you by Dr. David Herzberg, as associate professor of history at SUNY Buffalo and the author of Happy Pills in America (2010) and his forthcoming project The Other Drug War: A History of Prescription Drug AbuseEnjoy! 

Most American drug policy historians are familiar with the 1962 Supreme Court decision Robinson v. California, which held that addiction was an illness and not a crime. The case involved a California man sentenced to jail not for buying, possessing, or using narcotics, but for the condition of being a narcotic addict. In striking down the law, the Court declared that addiction was an illness, and that—in Justice Potter Stewart’s memorable words—“Even one day in prison would be a cruel and unusual punishment for the ‘crime’ of having a common cold.” (Stewart would probably be glad to know that at least one group of people, however small, remembers him for this quotation rather than his “I-know- it-when- I-see- it” definition of “hard-core pornography,” which he later feared would adorn his tombstone.) For historians the decision serves as a convenient marker of the broader shift away from the punitive policies of the “classic era” of narcotics control and towards more medicalized approaches to addiction.

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Of late, drug policy historians have been placing this shift under increasing scrutiny. Complementing the vast and growing literature on medicine as a form of social control, historians like Eric Schneider and Points’ own Claire Clark have begun to focus more on how medical approaches harmonized with, rather than diverged from, punitive ones. Methadone maintenance, for example, was implemented primarily as a crime control measure and was evaluated on that basis, and thus ultimately complemented rather than upended prison-based approaches. Meanwhile, therapeutic communities’ tough-love philosophies could lead to “scared straight” type tactics that, in many cases, were much harsher and farther-reaching than simple imprisonment. Historians’ increased focus on the disciplinary dimensions of medical treatment may be due, in part, to the increasing visibility and intellectual availability of “harm reduction,” which also draws parallels between medical and criminal control of drug use.

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