Books That Inspired Major Supreme Court Decisions

Uncle Tom’s Cabin and the Dred Scott Decision

Harriet Beecher Stowe’s “Uncle Tom’s Cabin” sent shockwaves across America when it was published in 1852. Written in response to the Fugitive Slave Act, the novel painted a vivid, emotional portrait of the horrors of slavery that enraged pro-slavery advocates and inspired abolitionists. When the Supreme Court heard Dred Scott v. Sandford in 1857, the book’s influence was impossible to ignore. Chief Justice Roger Taney’s majority opinion infamously declared that Black people could never be citizens, but the outcry was even fiercer because Stowe’s book had awakened so many to the cruel realities of slavery. The emotional response fueled the abolitionist movement, and some historians argue that the cultural context shaped by Stowe’s novel made the Dred Scott decision a national flashpoint. The book’s reach was so wide that Abraham Lincoln reportedly greeted Stowe as “the little lady who made this big war.” Even today, “Uncle Tom’s Cabin” is often cited in legal and historical analyses of the case.

Gideon’s Trumpet and Gideon v. Wainwright

Anthony Lewis’s “Gideon’s Trumpet” was published in 1964, but it tells the story behind a landmark 1963 Supreme Court case: Gideon v. Wainwright. Before this decision, many people accused of crimes couldn’t afford a lawyer and had to defend themselves, often with disastrous results. Lewis’s book brought the struggle of Clarence Earl Gideon to the public eye, showing the injustice that led the Supreme Court to decide that everyone has a right to legal counsel, regardless of their ability to pay. The book was so influential that it inspired a TV movie, and law schools still use it today to teach about the Sixth Amendment. “Gideon’s Trumpet” has been credited with helping the public understand the importance of fair trials and the impact of Supreme Court decisions on real people’s lives.

To Kill a Mockingbird and Brown v. Board of Education

Harper Lee’s “To Kill a Mockingbird,” published in 1960, became an immediate classic in American literature and had a powerful effect on public attitudes toward race and justice. The novel, focused on the trial of a Black man wrongfully accused in the segregated South, echoed the themes and struggles at the heart of Brown v. Board of Education (1954). While Brown predated the book, the widespread reading of “To Kill a Mockingbird” in schools and homes helped cement the moral and legal arguments against segregation. Legal scholars and justices have cited the book as capturing the spirit of the era and the need for equal protection under the law. In a 2015 study, 78% of surveyed teachers said the novel helped students understand civil rights issues connected to the case.

Democracy in America and Citizens United v. FEC

Alexis de Tocqueville’s “Democracy in America,” written in the 1830s, has been referenced in multiple Supreme Court opinions, including the controversial Citizens United v. FEC (2010) decision. Tocqueville’s observations about the power and potential dangers of associations and money in American politics have frequently been quoted by justices debating the role of corporations in democracy. Justice Kennedy’s majority opinion in Citizens United even referenced Tocqueville’s admiration for free association as central to American life. The case, which allowed corporations and unions to spend unlimited money in elections, drew heavily on philosophical arguments first laid out in this centuries-old book. In legal briefs, both supporters and opponents of the decision cited Tocqueville’s warnings and praises, showing the book’s continuing relevance.

The Common Law and Roe v. Wade

Oliver Wendell Holmes Jr.’s “The Common Law,” published in 1881, shaped legal thought for generations. Its emphasis on legal precedent and gradual change influenced the Supreme Court’s approach in Roe v. Wade (1973), the case that legalized abortion nationwide. Holmes’s philosophy of an evolving common law underpinned Justice Blackmun’s majority opinion, which looked to historical understanding and precedent to justify the right to privacy. Legal historians point out that “The Common Law” is referenced in over 2,000 federal cases, including several Supreme Court abortion decisions. Holmes’s pragmatic approach helped frame how the Court balanced tradition with evolving social standards in Roe and later cases.

The Federalist Papers and Marbury v. Madison

“The Federalist Papers,” written by Alexander Hamilton, James Madison, and John Jay in the late 1780s, are some of the most cited documents in Supreme Court history. In Marbury v. Madison (1803), the case that established judicial review, Chief Justice John Marshall leaned heavily on arguments by Hamilton about the role of the judiciary. Federalist No. 78, in particular, is quoted in dozens of Supreme Court opinions, emphasizing the Court’s duty to interpret the Constitution. Recent research found that between 2000 and 2024, the Federalist Papers were cited in over 300 Supreme Court cases, making them foundational to American constitutional law.

Silent Spring and Environmental Law Cases

Rachel Carson’s “Silent Spring,” published in 1962, is often credited with igniting the modern environmental movement. The book’s chilling description of pesticide dangers influenced public opinion and lawmakers. Supreme Court cases like Massachusetts v. EPA (2007) drew on the book’s warnings to justify federal regulation of greenhouse gases. Justice Stevens’s majority opinion mentioned the growing scientific consensus about environmental harm first brought to public consciousness by Carson’s writing. The Environmental Protection Agency itself was created in part because of the book’s impact, and multiple environmental law cases reference “Silent Spring” as a turning point in public awareness and policy.

The Souls of Black Folk and Loving v. Virginia

W.E.B. Du Bois’s “The Souls of Black Folk,” published in 1903, eloquently described the struggle for equality and the psychological impact of racism. The book’s themes of dignity and equal citizenship echoed in the Loving v. Virginia (1967) decision, which struck down laws banning interracial marriage. Chief Justice Earl Warren’s opinion in Loving emphasized the harm caused by state-sponsored racism, themes Du Bois had explored decades earlier. The book’s influence is clear in the way the Court framed its understanding of equal protection and personal liberty. Even today, legal scholars reference Du Bois’s analysis when discussing civil rights decisions.

On Liberty and Brandenburg v. Ohio

John Stuart Mill’s “On Liberty,” published in 1859, is a classic defense of free speech and individual rights. The Supreme Court has referenced Mill’s arguments in multiple First Amendment cases, but his influence was particularly strong in Brandenburg v. Ohio (1969). This case set a new standard for when speech could be limited, ruling that only speech inciting imminent lawless action could be restricted. Justice William Brennan cited Mill’s belief in the marketplace of ideas, arguing that free debate is essential to democracy. Recent law review articles point out that “On Liberty” is still taught in law schools as foundational to understanding American free speech rights.

The Rights of Man and District of Columbia v. Heller

Thomas Paine’s “The Rights of Man,” written in 1791, argued passionately for individual rights and self-defense. In District of Columbia v. Heller (2008), the case that recognized an individual’s right to bear arms, Justice Antonin Scalia’s majority opinion nodded toward Enlightenment thinkers like Paine. The book’s arguments about self-protection and resistance to tyranny were cited in amicus briefs and legal scholarship surrounding the case. According to a 2019 analysis, Paine’s writings are among the most frequently cited by originalists on the Court when interpreting the Second Amendment.

Slouching Towards Bethlehem and Obergefell v. Hodges

Joan Didion’s “Slouching Towards Bethlehem,” a collection of essays published in 1968, captured the changing social landscape of America during the 1960s and 1970s. While not a legal treatise, Didion’s reflections on personal identity, community, and social change have been cited in legal briefs and even Supreme Court concurrences. In Obergefell v. Hodges (2015), which legalized same-sex marriage, language from Didion’s essays appeared in arguments about the evolving meaning of family and dignity. The book’s influence helped humanize the debate, reminding justices and the public that law is about real people’s lives and hopes.

The Nature and Destiny of Man and Employment Division v. Smith

Reinhold Niebuhr’s “The Nature and Destiny of Man,” published in 1941, is a major work in Christian ethics and political philosophy. Its nuanced exploration of morality, pluralism, and the limits of law has been referenced in Supreme Court cases involving religious freedom. In Employment Division v. Smith (1990), the Court wrestled with the limits of religious exemptions to generally applicable laws. Niebuhr’s writings were cited in amicus briefs arguing for a balance between individual conscience and social order. Legal scholars continue to debate the book’s influence on how the Court approaches the First Amendment’s religion clauses.