36. Ariana Tobin and Justin Elliott, “Did You Go to a Washington Nationals Game With Supreme Court Nominee Brett Kavanaugh?” ProPublica, August 13, 2018, https://www.propublica.org/getinvolved/brett-kavanaugh-nationals-baseball-supreme-court.
37. Hailey Fuchs and Adelaide Feibel, “A sports junkie who are pasta with ketchup: Law school friends reflect on Kavanaugh’s time at YLS,” Yale Daily News, July 12, 2018, https://yaledailynews.com/blog/2018/07/12/a-sports-junkie-who-ate-pasta-with-ketchup-law-school-friends-reflect-on-kavanaughs-time-at-yls/.
38. “Kavanaugh Nomination Falters After Washington Post Publishes Shocking Editorial Claiming He Forgot Daughter’s Piano Recital,” The Onion, July 13, 2018, https://politics.theonion.com/kavanaugh-nomination-falters-after-washington-post-publ-1827581330.
39. Emily’s List v. Federal Election Commission, 581 F.3d 1 (2009).
40. Neera Tanden (@neeratanden), “Just to state this: Justice Kennedy’s son gave a billion dollar loan to Trump when no one would give him a dime, and Justice Kennedy has been ruling in favor of the Trump Administration position for 2 years as the Court decide 5-4 case after 5-4 case,” Twitter, June 29, 2018, 4:54 a.m., https://twitter.com/neeratanden/status/1012665534297624577; “Can you imagine if this happened in the Obama Administration? If this were Justice Kagan and Obama? Both would be impeached immediately,” Twitter June 29, 2018, 4:54 a.m., https://twitter.com/neeratanden/status/1012665696516562945. The Washington Post fact-checker gave her statements four pinnochios. See Salvador Rizzo, “The thinly sourced theories about Trump’s loans and Justice Kennedy’s son,” Washington Post, July 12, 2018, https://www.washingtonpost.com/news/fact-checker/wp/2018/07/12/untangling-the-links-between-trump-deutsche-bank-and-justice-kennedys-son/?utm_term=.2c940c9721d4.
41. Brett M. Kavanaugh, “Separation of Powers During the Forty-Fourth Presidency and Beyond,” Minnesota Law Review 103, http://www.minnesotalawreview.org/wp-content/uploads/2012/01/Kavanaugh_MLR.pdf.
42. Ryan J. Foley and Curt Anderson, “Kavanaugh’s ties to disgraced mentor loom over confirmation,” August 29, 2018, Associated Press News, https://www.apnews.com/e37ba9bc11014b72a5db6f926f80eb42.
43. “Report on the Record of Supreme Court Nominee Brett M. Kavanaugh,” Demos, https://www.demos.org/sites/default/files/publications/Record%20of%20Supreme%20Court%20Nominee%20Brett%20M%20Kavanaugh.pdf.
44. “Demand Justice,” Facebook, August 18, 2018, https://www.facebook.com/wedemandjusticenow/videos/272437933362642/.
45. Thomas Jipping, “Opposing Kavanaugh by ‘Whatever Means Necessary,”” National Review, September 24, 2018, https://www.nationalreview.com/bench-memos/opposing-kavanaugh-by-whatever-means-necessary/.
46. Karen Hosler, “Ashcroft confirmed amid fierce criticism,” Baltimore Sun, February 2, 2001, https://www.baltimoresun.com/news/bs-xpm-2001-02-02-0102020249-story.html.
47. Neil A. Lewis, “Mixed Results for Bush in Battles Over Judges,” New York Times, October 22, 2004, https://www.nytimes.com/2004/10/22/politics/campaign/mixed-results-for-bush-in-battles-over-judges.html; “Washington Talk; Democrats Readying for Judicial Fight,” New York Times, May 1, 2001, https://www.nytimes.com/2001/05/01/us/washington-talk-democrats-readying-for-judicial-fight.html.
48. “ ‘He Is Latino,’ ” Wall Street Journal, November 14, 2003, https://www.wsj.com/articles/SB106877910996248300.
49. The number was important since seven Democrats were enough to determine whether Democrats could filibuster and seven Republicans were enough to determine whether Republicans could invoke the “nuclear option” that got rid of the 60-vote cloture.
50. Several other Republican nominees were ultimately blocked by the filibuster: Miguel Estrada, Charles Pickering, Carolyn Kuhl, William Myers, and Henry Saad. All ultimately withdrew after having their votes blocked.
51. Michael Steele, “The SCOTUS nomination clearly demonstrates that elections have consequences,” July 11, 2018, The Hill, https://thehill.com/opinion/judiciary/396476-the-scotus-nomination-clearly-demonstrates-elections-have-consequences.
52. Bill Scher, “Democrats Should Not Fear the Nuclear Option,” Politico Magazine, February 2, 2017, https://www.politico.com/magazine/story/2017/02/democrats-should-not-fear-the-nuclear-option-214730.
Chapter Four: Mootings, Meetings, and Mobs
1. United States v Jones, 565 U.S. 400 (2012).
2. Brown v Board of Education of Topeka, 347 U.S. 483 (1954).
3. Lawrence v Texas, 539 U.S. 558 (2003).
4. Citizens United v FEC, 558 U.S. 310 (2010).
5. Janus v AFSCME, No. 16-1466, 585 U.S. ___ (2018).
6. Justin Wm. Moyer, “74 arrested protesting Brett Kavanaugh’s Supreme Court nomination on Capitol Hill,” Washington Post, August 2, 2018, B03.
7. “Missouri: Trump vs. Clinton,” RealClearPolitics, https://www.realclearpolitics.com/epolls/2016/president/mo/missouri_trump_vs_clinton-5609.html.
8. Emily’s List v. Federal Election Commission, 581 F.3d 1 (D.C. Cir. 2009).
9. “Sen. Claire McCaskill–Missouri Contributors 2005–2018,” OpenSecrets.org, https://www.opensecrets.org/members-of-congress/contributors?cid=N00027694&cycle=CAREER&type=I.
10. “Booker: Senators Who Support Trump’s SCOTUS Pick are ‘Complicit in Evil,”’ Fox News Insider, July 25, 2018, https://insider.foxnews.com/2018/07/25/cory-booker-dems-who-support-trumps-scotus-pick-complicit-evil