83. Adam Liptak, “Trump’s Supreme Court List: Ivy League is Out, the Heartland is In,” New York Times, November 15, 2016, A21.
84. Ted Cruz, Facebook, September 23, 2016, https://www.facebook.com/tedcruzpage/posts/10154476728267464.
85. While the Garland nomination threatened to be big news earlier in the campaign, it became such a non-issue that the Obama nominee’s name wasn’t even mentioned during the Democratic National Committee convention in Philadelphia. Concern for the courts simply did not motivate Democratic voters the way that it was energizing Republicans.
86. Mark Tushnet, “Abandoning Defensive Crouch Liberal Constitutionalism,” Balkinization, May 6, 2016, https://balkin.blogspot.com/2016/05/abandoning-defensive-crouch-liberal.html.
87. Citizens United v. Federal Election Commission, 558 U.S. 310 (2010).
88. Philip Bump, “A quarter of Republicans voted for Trump to get Supreme Court picks – and it paid off,” Washington Post, June 26, 2018, https://www.washingtonpost.com/news/politics/wp/2018/06/26/a-quarter-of-republicans-voted-for-trump-to-get-supreme-court-picks-and-it-paid-off/.
89. Philip Rucker and Seung Min Kim, “ ‘We have to pick a great one’: Inside Trump’s plan for a new Supreme Court justice,” Washington Post, June 30, 2018, https://www.washingtonpost.com/politics/we-have-to-pick-a-great-one-inside-trumps-plan-for-a-new-supreme-court-justice/2018/06/30/610dcd4e-7bb0-11e8-80be-6d32e182a3bc_story.html.
90. Mollie Hemingway, “Fact, not opinion,” Getreligion, October 9, 2006, https://www.getreligion.org/getreligion/2006/10/fact-not-opinion.
Chapter Three: Complicit in Evil
1. Robin Givhan, “Back to the ’50s/Roberts family image was a little too perfect,” SFGate, July 31, 2005, https://www.sfgate.com/living/article/BACK-TO-THE-50S-Roberts-family-image-was-a-2651504.php.
2. “Transcript of President Bush’s Nomination of Miers to the Supreme Court,” National Public Radio, October 3, 2005, https://www.npr.org/templates/story/story.php?storyId=4933801.
3. “Remarks by President Trump Announcing Judge Brett M. Kavanaugh as the Nominee for Associate Justice of the Supreme Court of the United States,” White House website, July 9, 2018, https://www.whitehouse.gov/briefings-statements/remarks-president-trump-announcing-judge-brett-m-kavanaugh-nominee-associate-justice-supreme-court-united-states/.
4. “The Confirmation Hearings of Judge David Souter: The Legal and Political Context,” NARAL, https://www.govinfo.gov/content/pkg/GPO-CHRG-SOUTER/pdf/GPO-CHRG-SOUTER-5-48-1.pdf, 371.
5. “Trump Announces Brett Kavanaugh as Supreme Court Nominee: Full Video and Transcript,” New York Times, July 9, 2018, https://www.nytimes.com/2018/07/09/us/politics/trump-supreme-court-announcement-transcript.html.
6. Elena Kagan, “Speech on Being Nominated to Serve as U.S. Supreme Court Justice,” American Rhetoric website, May 10, 2010, https://www.americanrhetoric.com/speeches/elenakaganusscnomination.htm.
7. Sonia Sotomayor, “Full Text: Judge Sonia Sotomayor’s Speech,” Time, May 26, 2009, http://content.time.com/time/politics/article/0,8599,1900940,00.html.
8. “WTAS: Continued Support for Judge Brett Kavanaugh’s Nomination to the Supreme Court,” White House website, July 10, 2018, https://www.whitehouse.gov/briefings-statements/wtas-continued-support-judge-brett-kavanaughs-nomination-supreme-court/.
9. Aaron Blake, “Brett Kavanaugh’s remarkably political intro speech,” Washington Post, July 10, 2018, https://www.washingtonpost.com/news/the-fix/wp/2018/07/10/brett-kavanaughs-remarkably-political-intro-speech/.
10. “Colbert Has A Lot To Say About Trump’s Supreme Court Pick Brett Kavanaugh, ‘Cover Model for Generic Dad’s Monthly,’ ” Digg, http://digg.com/video/brett-kavanaugh-colbert.
11. NARAL (@NARAL), “We’ll be DAMNED if we’re going to let five men—including some frat boy named Brett—strip us of our hard-won bodily autonomy and reproductive rights. #StopKavanaugh #SaveRoe,” Twitter, July 10, 2018, 5:04 p.m., https://twitter.com/NARAL/status/1016835475494064128.
12. Aaron Blake, “Brett Kavanaugh’s first claim as a Supreme Court nominee was bizarre,” Washington Post, July 10, 2018, https://www.washingtonpost.com/news/the-fix/wp/2018/07/10/brett-kavanaughs-first-claim-as-a-supreme-court-nominee-was-bizarre/.
13. “Trump Announces Brett Kavanaugh as Supreme Court Nominee: Full Video and Transcript,” New York Times, July 9, 2018, https://www.nytimes.com/2018/07/09/us/politics/trump-supreme-court-announcement-transcript.html.
14. Bob Casey (@SenBobCasey), “I will oppose the nomination the President will make tonight because it represents a corrupt bargain with the far Right, big corporations, and Washington special interests,” Twitter, July 9, 2018, 8:50 a.m.,