July 18, 2018, judiciary.senate.gov/press/rep/releases/grassley-kavanaugh-review-will-be-thorough-and-fair-but-no-taxpayer-funded-fishing-expedition.
18. “Democratic Leaders on Judge Kavanaugh,” C-SPAN via archive, July 31, 2018, archive/details/CSPAN_20180731_232900_Democratic_Leaders_on_Judge_Kavanaugh/start/120/end/180.
19. Thomas McKinless, “Senate GOP Stacks 167 Boxes to Illustrate Amount of Kavanaugh Papers Getting Released,” Roll Call, August 2, 2018, rollcall/video/senate_gop_stacks_167_boxes_to_illustrate_amount_of_kavanaugh_papers_getting_released.
20. Jordain Carney, “Schumer: Share ‘confidential’ Kavanaugh documents with entire Senate,” The Hill, August 20, 2018, thehill/blogs/floor-action/senate/402771-schumer-share-confidential-kavanaugh-documents-with-entire-senate.
21. Chuck Grassley (ChuckGrassley), “SenSchumer, as chair I welcome any senator 2 stop by judic cmte any day (& nite) incl wknds 2 review cmte conf docs A desk is waiting +there r the hundreds of thousands docs already avail w/ more all the time Is nom now under consideration or is vote still pre-determined NO?” Twitter, August 20, 2018, 2:38 p.m., ChuckGrassley/status/1031656659167404032.
22. Burgess Everett and Elana Schor, “Schumer, Democrats wrestled over staging mass Kavanaugh walkout,” Politico, September 4, 2018, politico/story/2018/09/04/kavanaugh-democrats-supreme-court-hearing-806567.
23. The transcript of the hearings will be quoted throughout this chapter. “Senate Judiciary Committee Hearing on the Nomination of Brett Kavanaugh to be an Associate Justice of the Supreme Court,” CQ Transcriptions, September 4, 2018.
24. Frank Thorp (frankthorp), “Sources tell Kasie and me that this is a coordinated effort by Senate Dems on the Judiciary Committee, and that it was discussed during the holiday weekend on a call organized by Schumer,” Twitter, September 4, 2018, 7:01 a.m., frankthorp/status/1036977514281934853.
25. Everett and Schor, “Schumer, Democrats wrestled.”
26. CNN Politics (CNN Politics), “GOP Sen. John Cornyn says this is the first Supreme Court confirmation hearing that he’s seen being carried out ‘according to mob rule,’ adding that it’s ‘hard to take seriously’ when Democrats have ‘already made up their mind before the hearing,’ ” Twitter, September 4, 2018, 7:44 a.m., CNNPolitics/status/1036988415844208640.
27. Marbury v Madison, 5 U.S. (1 Cranch) 137 (1803).
28. Virginia Kruta, “Kavanaugh’s Hearing by the Numbers, Straight from Deputy Press Secretary Raj Shah,” Daily Caller, September 4, 2018, dailycaller/2018/09/04/kavanaughs-hearing-numbers-raj-shah/.
29. Elizabeth Landers, “Meet the protestors interrupting Brett Kavanaugh’s confirmation hearing,” CNN, September 5, 2018, cnn/2018/09/05/politics/kavanaugh-hearing-protests/index.html.
30. Eugene Gu (eugenegu), “Kavanaugh’s former law clerk Zina Bash is flashing a white power sign behind him during his Senate confirmation hearing. They literally want to bring white supremacy to the Supreme Court. What a national outrage and a disgrace to the rule of law,” Twitter, September 4, 2018, 12:44 p.m., eugenegu/status/1037063912896643072.
31. Dylan Matthews, “No, a former Kavanaugh clerk didn’t flash a ‘white power sign.’ Here’s what really happened,” Vox, September 5, 2018, vox/2018/9/5/17821946/white-power-hand-signal-brett-kavanaugh-confirmation-hearing-zina-bash-4chan.
32. Eli Rosenberg and Abby Ohlheiser, “Zina Bash Moved her Hand—and the #Resistance saw a white power symbol. Then she did it again,” Washington Post, September 8, 2018, washingtonpost/news/the-intersect/wp/2018/09/04/that-was-no-white-power-hand-signal-at-the-kavanaugh-hearing-zina-bashs-husband-says/?utm_term=.c29628288213; Mahita Gajanan, “A Kavanaugh Supporter Was Accused of Making a White Power Symbol. She’s a Descendant of Holocaust Survivors,” Time Magazine, September 5, 2018, time/5386860/zina-gelman-bash-white-power-symbol/.
33. Ed Whelan, “Refuting Anti-Kavanaugh Smears—Manny Miranda Controversy,” National Review, September 10, 2018, nationalreview/bench-memos/refuting-anti-kavanaugh-smears-manny-miranda-controversy/.
34. Seung Min Kim (seungminkim), “Re: Kamala and her Qs re whether Kavanaugh discussed Mueller probe with anyone at Kasowitz – Dem aide tells me they have reason to believe that a conversation happened and are continuing to pursue it,” Twitter, September 5, 2018, 6:42 p.m., seungminkim/status/1037516325437022208.
35. Elana Schor, “Kavanaugh stumbles when grilled on whether he discussed Mueller probe,” Politico, September 5, 2018, politico/story/2018/09/05/kavanaugh-mueller-probe-hearings-809115.
36. John T. Bennett, “Harris Lands First Blow on Kavanaugh—But It Only Grazes Him” Roll Call, September 6, 2018, rollcall/news/politics/harris-lands-first-blow-on-kavanaugh-but-it-only-grazes-him.
37. Jennifer Rubin, “The second-most-intense guessing game in D.C.,” Washington Post, September 6, 2018, washingtonpost/news/opinions/wp/2018/09/06/the-second-most-intense-guessing-game-in-d-c/.
38. Senator Whitehouse is known for his liberal use of visual aids during hearings. During his opening statement his aide held up ten different signs with photos of the justices, charts, and tables. One intended to show why, contrary to all Supreme Court precedents, Kavanaugh should recuse himself from cases dealing with the president who appointed him, arguing that Trump had “a significant and dispropotiate [sic] influnce [sic] in placing the judge on the case.” See Mike Brest, “Dem Uses Poster With Spelling Mistakes to Suggest Kavanaugh Is Obligated to Recuse Himself If Hearing a Case About Trump,” Daily Caller, September 6, 2018, dailycaller/2018/09/06/dem-spelling-kavanaugh-trump/.
39. Cortney O’Brien, “Sen. Whitehouse Condemns Federalist Society . . . There Are Just a Few Problems,” Townhall, September 5, 2018, townhall/tipsheet/cortneyobrien/2018/09/05/sen-whitehouse-condemns-federalist-societytheres-just-one-problem-n2516136.
40. Since 2013 alone the League of Conservation Voters has given Senator Whitehouse nearly two hundred thousand dollars. See “Sen. Sheldon Whitehouse–Rhode Island,” opensecrets/members-of-congress/contributors?cid=N00027533&cycle=2018&type=C; Michael Beckel, “League of Conservation Voters Becoming ‘Dark Money’ Heavyweight,” The Center for Public Integrity, May 12, 2014, publicintegrity/federal-politics/league-of-conservation-voters-becoming-dark-money-heavyweight/.
41. Evan Mandery, “Why There’s No Liberal Federalist Society,” Politico, January 23, 2019, politico/magazine/story/2019/01/23/why-theres-no-liberal-federalist-society-224033.
42. And that doesn’t even include the powerful forces of legal academia and the professional establishment of the American Bar Association and state