46. Ibid., 110, 121.
47. “Senator Kennedy Opposes Bork Nomination,” C-SPAN, July 1, 1987, https://www.c-span.org/video/?c4594844/senator-kennedy-opposes-bork-nomination.
48. 432 U.S. 43 (1977).
49. Jeffrey Toobin, “Jeffrey Toobin: Kennedy and the Court,” New Yorker, August 26, 2009, https://www.newyorker.com/news/news-desk/jeffrey-toobin-kennedy-and-the-court.
50. PFAWdotorg, “1987 Robert Bork TV ad, narrated by Gregory Peck,” YouTube video, July 16, 2008, https://www.youtube.com/watch?v=NpFe10lkF3Y.
51. Maltese, The Selling of Supreme Court Nominees, 88.
52. Ibid., 133.
53. Statement of Honorable Edward M. Kennedy, “Nomination of Justice William Hubbs Rehnquist,” United States Senate Committee on the Judiciary, 99th Congress, 2nd Session. (Washington, D.C.: U.S. Government Printing Office, 1987), 14.
54. Office of Legal Policy, Department of Justice, By and With the Advice and Consent of the Senate: The Bork and Kennedy Confirmation Hearings and the Implications for Judicial Independence (Washington: American Conservative Union, January 31, 1989), 6.
55. “bork,” Merriam-Webster’s Collegiate Dictionary, 11th ed. (Springfield, MA: Merriam-Webster, 2003), https://www.merriam-webster.com/dictionary/bork.
56. “Robert Bork Discusses on the Committee Report of His Nomination,” C-SPAN, October 9, 1987, https://www.c-span.org/video/?825-1/robert-bork-discusses-committee-report-nomination&start=36.
57. Jan Crawford Greenburg, Supreme Conflict, 53.
58. Linda Greenhouse and Special to the New York Times, “Reagan Nominates Anthony Kennedy to Supreme Court,” New York Times, November 12, 1987, A1.
59. Associated Press, “Reagan, on 3rd Try, Picks Californian for High Court: ‘Bit Wiser’ After Two Defeats,” Los Angeles Times, November 11, 1987, http://articles.latimes.com/1987-11-11/news/mn-13624_1_supreme-court.
60. Linda Greenhouse, “While Examining Kennedy, Senators Look Back at Bork,” New York Times, December 20, 1987, section 4, page 1.
61. Linda Greenhouse and Special to the New York Times, “The Year the Court Turned to the Right,” New York Times, July 7, 1989, A1.
62. “Chief Justice Souter?” Wall Street Journal, February 29, 2000, https://www.wsj.com/articles/SB951789438683921325.
63. Jeremy Rabkin, “The Sorry Tale of David Souter, Stealth Justice,” Weekly Standard, November 6, 1995.
64. John Fund, “The Borking Begins,” Wall Street Journal, January 8, 2001.
65. Senator Warren Rudman, a Republican who endorsed Souter, later said he would have voted against Thomas if he had been the decisive vote and declared that confirming Thomas was “a vote I’m not proud of.” “Interview with Warren Rudman,” interview by Janet E. Heininger and Stephen Knott, Edward M. Kennedy Oral History Project, May 16, 2006; Kevin Merida and Michael Fletcher, Supreme Discomfort: The Divided Soul of Clarence Thomas (New York: Doubleday, 2007), 203.
66. Ross, “The Role of Judicial Issues in Presidential Campaigns,” 461.
67. Ibid.
68. National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012); King v. Burwell, 576 U.S. ___ (2015).
69. Joan Biskupic, The Chief (New York: Basic Books, 2019): 234–48.
70. Colin Campbell, “Donald Trump dials up his attacks: ‘Ted Cruz gave us Obamacare,’ ” Business Insider, February 4, 2016, https://www.businessinsider.com/donald-trump-ted-cruz-obamacare-2016-2.
71. Fred Barnes, “Bush Scalia,” Weekly Standard, July 5, 1999, https://www.weeklystandard.com/fred-barnes/bush-scalia.
72. “October 8, 2004 Debate Transcript,” Commission on Presidential Debates, October 8, 2004, https://www.debates.org/voter-education/debate-transcripts/october-8-2004-debate-transcript/.
73. Robert Barnes, “How the Bush-nominated Chief Justice Roberts became target in GOP debates,” Washington Post, September 17, 2015, https://www.washingtonpost.com/politics/chief-justice-roberts-is-target-of-conservative-fire-in-gop-debates/2015/09/17/c66c62ba-5d43-11e5-8e9e-dce8a2a2a679_story.html?utm_term=.2dc37c186d9c.
74. Jessica Hopper, “Ted Cruz Plans to Filibuster Any Supreme Court Nominee Made by President Obama,” ABC News, February 14, 2016, https://abcnews.go.com/Politics/ted-cruz-plans-filibuster-supreme-court-nominee-made/story?id=36922959.
75. Jon Prior, “GOP Candidates spar over Chief Justice Roberts,” Politico, February 14, 2016, https://www.politico.com/story/2016/02/scalia-roberts-supreme-court-justices-219284.
76. Melinda Henneberger, “In Death, Scalia may Succeed in Blocking Trump,” Roll Call, February 15, 2016, https://www.rollcall.com/news/in-death-scalia-may-succeed-in-blocking-trump.
77. Textualism is what Justice Scalia referred to as the “commonsensical interpretive principle” that judges should interpret the words of a statute according to their meanings as reasonably understood in context when they were enacted. Antonin Scalia and Bryan A. Garner, Reading Law: The Interpretation of Legal Texts (St. Paul: Thomson/West: 2012), 15.
78. “Donald Trump News Conference,” C-SPAN, March 21, 2016, https://www.c-span.org/video/?407049-1/donald-trump-news-conference-washington-dc&start=2330.
79. Malcolm explains that he considered putting together a longer list of judges and would have included Judges Neil Gorsuch and Ray Kethledge, who ultimately made it onto the Trump list. But given the time crunch and his inability to vet so many people quickly, he settled on a shorter but safer list with the qualification that he didn’t view it as exclusive.
80. It was a good call. Judge Rogers Brown retired just eight months into Trump’s presidency and would be replaced by McGahn’s own deputy, Greg Katsas.
81. Don Willett (@JusticeWillett), “Donald Trump haiku—Who would the Donald Name to #SCOTUS? The mind reels. *weeps—can’t finish tweet*,” Twitter, June 16, 2015, 10:09 a.m., https://twitter.com/JusticeWillett/status/610856791291916290.
82. Lawrence Hurley, “Trump’s Supreme Court list: all conservative, some provocative,” Reuters, May 19, 2016,