In Professor Maloy's latest book, "America's Supreme Court: An Unfinished Symphony," by reviewing 182 cases decided by the Supreme Court he envisions the Court's 216 year history, from 1789 through 2005, as being divided, like most symphonic works, into four distinct compartments, or "movements." The first "movement," composed of the Court led by three Chief Justices, made a hesitant start, during which it was not even given a suitable place in which to hold court. This tentative beginning was followed by the second "movement" under the leadership of two dynamic and forceful leaders - John Marshall and Roger Taney. The Court's third period, it longest in term of years, had eight Chief Justices. Some, such as Charles Evans Hughes, were brilliant leaders, others, though competent judges, did not possess the leadership abilities one might expect of Chief Justices of the nation's highest court. Nonetheless the third "movement" helped form a nation beyond its developing stage, but not quite at the peak of its progress. The final "movement" under Chief Justices Earl Warren, Warren Earl Burger, and William Rehnquist. continued the Supreme Court's "symphony" with a crescendo of decisions emanating from a background of lightening-like changes and incongruous social patterns.
The Court's fourth movement, dramatic as it is, does not conclude its history; hence the Court's work, at this point, is unfinished. The author does not attempt to predict what the present Court, under Chief Justice John G. Roberts, Jr., will do. Like all other interested observers, Prof. Maloy waits to see whether the present Court's members add to its fourth "movement," or construct a completely new one out of the cases it will decide that arise in the ever-changing and unpredictable time in which the world exists.
