36. Ledbetter v Goodyear Tire & Rubber Co., 550 U.S. 618 (2007).
37. Doe v Bolton, 410 U.S. 179, 222 (1973) (White, J., dissenting).
38. Alexander Hamilton, “Federalist 78–The Judiciary Department,” in The Federalist (University Park, IL: Liberty Fund, 2010).
39. PoliticallyBlazed, “Gun Control – Supreme Court Justice Scalia,” Fox News Sunday via YouTube, January 6, 2013, https://www.youtube.com/watch?v=BOmM6qBnbrI.
40. Ruth Bader Ginsburg, “Speaking in a Judicial Voice,” New York University Law Review 67, no. 6 (1992): 1206, 1208.
41. See Jamie L. Carson, “A Switch in Time Saves Nine: Institutions, Strategic Actors, and FDR’s Court Packing Plan,” Public Choice 113: 301–324 (2002). David Stras makes a compelling argument that increasing judicial pensions generally played a more important role in encouraging retirements than had been previously recognized. David R. Stras and Ryan W. Scott, “Retaining Life Tenure: The Case for a ‘Golden Parachute,’ ” Washington University Law Quarterly, 83 (2005): 1397.
42. Internal Court voting records reveal that Roberts’s vote in West Coast Hotel v. Parrish, 300 U.S. 379 (1937), typically cited as the decisive shift in his apprach, actually was cast months before Roosevelt’s plan was announced, although it was published much later. Randy E. Barnett and Josh Blackman, An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know, (2019), 167–69.
43. For a detailed description of Chief Justice Roberts’s change in the case, see chapter nine of Joan Biskupic’s book, The Chief: The Life and Turbulent Times of Chief Justice John Roberts, (New York: Basic Books, 2019).
44. See, e.g., Adam Cohen, “The ‘Enigma’ Who Is the Chief Justice of the United States,” New York Times, March 24, 2019, BR1 (describing Roberts as having, “with few exceptions, been the sort of hard-line ideological chief justice his conservative backers hoped he would be,” characterizing him as “particularly meanspirited in gay rights cases,” and lamenting his “deep-seated bias against the weak”).
45. She had been treated for colon cancer in 1999 and pancreatic cancer in 2009.