Alito: The Justice who Reshaped the Supreme Court and Restored the Constitution by Mollie Ziegler Hemingway

The Supreme Court is an institution filled with history—good, bad, and ugly. It is an institution which has, in its record, handed down decisions both accurate and misguided, well-reasoned and socially legislated. Its justices have at times been well-equipped to address the deepest questions of government’s role, and in other cases, they have been people whose names will forever linger as those who failed to exercise their gift of reason, or who reasoned from faulty premises. In Mollie Hemingway’s most recent book, she does not simply give a history of a justice or a biography of Samuel Alito, but a history of the institution and a biography of the Court itself.

Hemingway has a remarkable gift for making complex subjects simple without losing their complexity. She has gone to great lengths to personally interview those who knew Alito when he was serving on the Court of Appeals, as well as those who have come to know him intimately—not only as a judge, but as a husband, a citizen, and even as a baseball fan. Her facts are well documented, and the one area where there is room for critique is not that she has under-documented the portrait she attempts to paint, but that at times she has over-documented it. In her pursuit of exactitude, she occasionally includes quotes that border on the vulgar. Notwithstanding this, it is admirable that instead of simply presenting Alito the justice, she has also shown us Alito the man.

Certainly, while always remaining within the bounds of the facts—all the facts—Hemingway has arranged them in such a way as to make the reader sympathetic to Alito and his interpretation of the law. She offers many critiques of other justices, both liberal and conservative. Sonia Sotomayor bears a large share of the blame for some of the more controversial decisions made by the Court, as does Chief Justice John Roberts. Neil Gorsuch, Clarence Thomas, Elena Kagan, and Amy Coney Barrett are presented as figures who are at times in real opposition to what Alito considers the necessary course of action. Ketanji Brown Jackson, I must admit, is treated with considerable contempt, and in this I do not disagree. Even someone as widely respected as former Justice Antonin Scalia is, at times, criticized by Hemingway through Alito. Indeed, one of the most interesting aspects of this book is that it not only shows the Court as it is now, but also as it once was, with in-depth descriptions of justices such as Ruth Bader Ginsburg, Stephen Breyer, John Paul Stevens, Anthony Kennedy, and David Souter. This greatly enriches the narrative, as it shows Alito in relation to others who were at times more famous, who at times outshone him, but from whom he always earned respect and admiration.

The name of Justice Samuel Alito will likely be remembered for his opinion in the decision in Dobbs, which struck down a fifty-year precedent that protected what you describe as the right of some human beings to murder other human beings. In some ways, the history of every Court since Roe v. Wade, from Rehnquist down to Roberts, has been the history of a colossal failure to adequately respond to what you view as an egregious abuse of constitutional law and constitutional telos. Samuel Alito was a young man studying at Yale when Roe was handed down. Now in his seventies, he helped to strike it from the record.

The author also devotes a significant portion of the book, intermittently, to Alito’s judicial philosophy. I was quite surprised to learn that Alito is not, as I had imagined, a pure constitutional originalist in the same sense as Antonin Scalia or Clarence Thomas. What Hemingway calls Alito’s “all steak, no sizzle” approach to judicial review is, she argues, his defining characteristic as a Supreme Court justice. He is, in a way, a very original originalist. Unlike Scalia, he takes a more practical approach; he believes in the Constitution and in the values it embodies, but he also believes in common sense. It is not only by reading the Constitution of the United States that we can understand Alito’s philosophy; we must also read what might be called the constitution of nature.

This practicality, without descending into a legal positivism that sees man as nothing more than a subject of law, is what gives Alito’s jurisprudence its distinctive texture. He is not content with a cold recitation of clauses, nor does he wander into the fog of untethered moral invention. Instead, Hemingway presents him as a judge who reads the Constitution with one eye on its text and the other on the enduring realities of human nature. Law, in this view, is neither an abstract game nor a malleable instrument, but a framework built for real people within a real moral order.

This should be required reading in classes on jurisprudence and the American legal system. Hemingway, in a move that is rare among explicitly biased political reporters—even on the conservative spectrum—has managed, to a remarkable degree, to stay out of the political realm, for which she deserves admiration. Certainly, she does not hesitate to call things as she sees them, or as Alito sees them, but her goal is not primarily political, and in reading this book, ours should not be either.

Review written by C. A. Gerber

May 4th, 2026