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Justice on Trial(83)
Author: Mollie Hemingway

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26. Benny Johnson, “Movement Conservatives Fume at Trump SCOTUS Favorite: ‘This is the Low-Energy Jeb Bush Pick,’ ” Daily Caller, July 3, 2018, https://dailycaller.com/2018/07/03/conservatives-trump-supreme-court-brett-kavanaugh/.

27. Such requests for feedback have a lengthy history. George Washington reportedly kept correspondence from people proposing themselves or others to the Supreme Court in a drawer in his New York office. When visitors would arrive, he’d spread out the letters on the top of his desk and solicit their thoughts. John Anthony Maltese, The Selling of Supreme Court Nominees (Baltimore, Maryland: Johns Hopkins University Press, 1995), 24.

28. Maggie Haberman and Jonathan Martin, “McConnell Prods Trump On Nominee To the Court,” New York Times, July 8, 2018, A16.

29. Mark Landler and Maggie Haberman, “President Has the Perfect Template for His Second Nominee: His First. Order Reprints,” New York Times, July 6, 2018, A15.

30. Philip Elliott, “Inside Donald Trump’s Supreme Court Deliberations,” Time, July 8, 2018, http://time.com/5332628/inside-donald-trumps-supreme-court-deliberations/.

31. 2 Corinthians 12:7–10, New American Bible (Revised Edition).

Chapter Two: The List

1. His speech took place four months, nine days before the November 3, 1992, election and six months, twenty-six days before Bush left office. “Biden in 1992: President Should Not Name Supreme Court Nominee Until After The November Election,” RealClearPolitics, February 22, 2016, https://www.realclearpolitics.com/video/2016/02/22/biden_in_1992_bush_should_not_name_a_nominee_until_after_the_november_election.html.

2. “Private: Text of Senator Schumer’s Speech,” American Constitution Society, ACSblog, July 27, 2007, https://www.acslaw.org/acsblog/text-of-senator-schumers-speech/.

3. Burgess Everett and Glenn Thrush, “McConnell throws down the gauntlet: No Scalia replacement under Obama,” Politico, February 13, 2016, https://www.politico.com/story/2016/02/mitch-mcconnell-antonin-scalia-supreme-court-nomination-219248.

4. Ted Barrett, Manu Raju, and Laurie Ure, “Kirk blasts GOP leaders for inaction on Supreme Court nominee,” CNN, March 29, 2016, https://www.cnn.com/2016/03/29/politics/merrick-garland-supreme-court-republican-meeting/index.html.

5. Manu Raju, “In reversal, GOP senator says he does not favor hearings for Garland,” CNN, April 1, 2016, https://www.cnn.com/2016/04/01/politics/jerry-moran-merrick-garland-supreme-court-obama/index.html.

6. Mike DeBonis, “GOP senator ‘more convinced than ever’ that Garland should get hearing,” Washington Post, April 5, 2016, https://www.washingtonpost.com/news/powerpost/wp/2016/04/05/gop-senator-more-convinced-than-ever-that-garland-should-get-hearing/.

7. Burgess Everett, “Flake says it might be Garland time,” Politico, October 20, 2016, https://www.politico.com/story/2016/10/jeff-flake-merrick-garland-vote-supreme-court-230109.

8. “Grassley Statement on Justice Scalia,” Chuck Grassley Senate website, News Releases, February 13, 2016, https://www.grassley.senate.gov/news/news-releases/grassley-statement-justice-scalia.

9. Jennifer Steinhauer and David M. Herszenhorn, “Charles Grassley Faces Formidable Challenger in Iowa Senate Race,” New York Times, March 3, 2016, https://www.nytimes.com/2016/03/04/us/politics/charles-grassley-patty-judge-iowa-senate-race.html.

10. Julie Hirschfeld Davis and David M. Herszenhorn, “White House Is Said to Be Vetting Iowa Judge for Supreme Court Seat,” New York Times, March 2, 2016, https://www.nytimes.com/2016/03/03/us/politics/white-house-vetting-jane-kelly-judge-supreme-court.html.

11. Federal judges hold their seats for life but become eligible for “senior” status after age sixty-five based on a formula combining their age and years on the bench. Senior judges officially vacate their seat and no longer take part in circuit-wide “en banc” hearings or interim motions. They often remain relatively engaged in the business of judging, however, opting to carry up to a full load of regular cases or traveling to sit on cases in other circuits. A major incentive to take senior status is the generous pension: full salary at the time of retirement, plus cost-of-living increases; “Pro-life Women Sound the Alarm: Donald Trump is Unacceptable,” Susan B. Anthony List, January 26, 2016, https://www.sba-list.org/home/pro-life-women-sound-the-alarmdonald-trump-is-unacceptable.

12. Paige Winfield Cunningham, “How the November election could alter the future of abortion,” Washington Examiner, January 31, 2016, https://www.washingtonexaminer.com/how-the-november-election-could-alter-the-future-of-abortion.

13. “Donald Trump: The Full ‘With All Due Respect’ Interview,” interview by Mark Halperin and John Heilemann, Bloomberg, August 26, 2015, https://www.bloomberg.com/news/videos/2015-08-26/donald-trump-the-full-with-all-due-respect-interview.

14. Paige Winfield Cunningham, “How the November election could alter the future of abortion,” Washington Examiner, January 31, 2016, https://www.washingtonexaminer.com/how-the-november-election-could-alter-the-future-of-abortion.

15. Mark Hemingway, “Cruz Control,” National Review, April 16, 2009, https://www.nationalreview.com/magazine/2009/05/04/cruz-control/.

16. Washington Post Staff, “Wednesday’s GOP Debate Transcript, annotated,” Washington Post, September 16, 2015, https://www.washingtonpost.com/news/the-fix/wp/2015/09/16/annotated-transcript-september-16-gop-debate/.

17. Sahil Kapur, “Ted Cruz Vows to Put Hard-Core Conservatives on Supreme Court,” Bloomberg, December 2, 2015, https://www.bloomberg.com/news/articles/2015-12-02/ted-cruz-vows-to-put-hard-core-conservatives-on-the-supreme-court

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