in the precedents squares with the heavy-handed and one-sided action that is so precipitously taken by the Court in the name of fulfilling its constitutional responsibilities. The foray which the Court makes today brings to mind the wise and farsighted words of Mr. Justice Jackson in Douglas v. Jeannette . . . ‘This Court is forever adding new stories to the temples of constitutional law, and the temples have a way of collapsing when one story too many is added.’ ” Miranda, 384 U.S. at 525–26 (Harlan, J., dissenting). Justice White added, “The proposition that the privilege against self-incrimination forbids in-custody interrogation without the warnings specified in the majority opinion and without a clear waiver of counsel has no significant support in the history of the privilege or in the language of the Fifth Amendment.” Ibid., 526 (White, J., dissenting). White also lambasted the majority for not even examining the facts of the cases they decided to determine whether coercion was present. Neither law nor fact mattered where there was a convenient opportunity to change the Constitution in a direction for which they had five votes.
35. Ross, “The Role of Judicial Issues in Presidential Campaigns,” 436.
36. In a 1969 memo favorably received by President Nixon, aide Tom Charles Huston said judicial nominations were the “least considered aspect of Presidential power,” and urged the president to establish “his criteria” and “his machinery for insuring that the criteria are met.” When done, the “appointments will be his, in fact, as in theory.” Nixon responded, “Have this analysis in mind when making judicial nominations.” John Anthony Maltese, The Selling of Supreme Court Nominees, (Baltimore: Johns Hopkins University Press, 1995), 2–4.
37. George F. Will, “George Will: Unleash the high court,” Washington Post, June 15, 2012, washingtonpost/opinions/george-will-unleash-the-high-court/2012/06/15/gJQAMwvpfV_story.html.
38. Ford specifically endorsed Stevens’s views on “the secular character of the Establishment Clause and the Free Exercise Clause, on securing procedural safeguards in criminal case and on the constitution’s broad grant of regulatory authority to Congress.” He also praised the justice’s wit and sense of humor. Letter from Gerald R. Ford to William Michael Treanor (September 21, 2005), reproduced in William Michael Treanor, “Introduction: The Jurisprudence of Justice Stevens Symposium,” Fordham Law Review 74 (2006): 1559.
39. Chevron v. National Resources Defense Council, 467 U.S. 837 (1984).
40. District of Columbia v. Heller, 554 US 570 (2008).
41. “Republican Party Platform of 1980,” The American Presidency Project, July 15, 1980, presidency.ucsb.edu/node/273420.
42. Elizabeth Olson, “Justice Potter Stewart, who has served on the Supreme. . .,” UPI, June 18, 1981, upi/Archives/1981/06/18/Justice-Potter-Stewart-who-has-served-on-the-Supreme/7197361684800/.
43. “Transcript of Ronald Reagan’s Remarks at News Conference in Los Angeles,” New York Times, October 15, 1980, A24.
44. Jan Crawford Greenburg, Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court (New York: Penguin, 2007), 13.
45. Senator Howell Heflin joked about the Italian American lovefest during Scalia’s hearing, trying to find his own excuse to praise Scalia’s heritage. “I would be remiss if I did not mention the fact that my great-great-grandfather married a widow who was married first to an Italian American.” Joan Biskupic, American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia (New York: Sarah Crichton Books, 2009), 110.
49. Jeffrey Toobin, “Jeffrey Toobin: Kennedy and the Court,” New Yorker, August 26, 2009, newyorker/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, youtube/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.
56. “Robert Bork Discusses on the Committee Report of His Nomination,” C-SPAN, October 9, 1987, c-span/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, articles.latimes/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.