bar associations—hardly less liberal than the explicitly ideological groups. While there is a controversy over whether the ABA can be properly be called neutral in its judicial evaluations (discussed elsewhere in this book), the policy positions it takes as an organization are undeniably liberal. Eighty-two percent of law school professors in the 2010s were Democrats, and the figure was even higher at elite schools. Kate Hardiman, “Law schools dominated by Democrat professors, research finds,” The College Fix, August 31, 2015, thecollegefix/law-schools-dominated-by-democrat-professors-research-finds/; James Lindgren, “Measuring Diversity: Law Faculties in 1997 and 2013,” Harvard Journal of Law and Public Policy 39, (January 2016): 89. Ninety-eight percent of donations from Harvard Law School professors went to Democrats. Daniel Halper, “98% of Harvard Law Faculty Political Donations Go to Democrats,” Weekly Standard, May 1, 2015, weeklystandard/daniel-halper/98-of-harvard-law-faculty-political-donations-go-to-democrats.
43. Kevin Drum, “No Liberal Equivalent of the Federalist Society? Please.,” Mother Jones, January 24, 2019, motherjones/kevin-drum/2019/01/no-liberal-equivalent-of-the-federalist-society-please/.
44. Anna Massoglia and Geoff West, “Kennedy’s resignation sparks millions in conservative, liberal ad campaigns,” Center for Responsive Politics, June 28, 2018, opensecrets/news/2018/06/kennedys-resignation-sparks-seven-figure-ad-campaigns-from-conservative-liberal-groups/.
45. “Sixteen Thirty Fund,” Influence Watch, influencewatch/non-profit/sixteen-thirty-fund/; “Sixteen Thirty Fund Form 990,” Influence Watch, influencewatch/app/uploads/2019/03/Sixteen-Thirty-Fund-Form-990-2017.pdf.
46. Peter Olsen-Phillips, “Democrats Increasingly Rely on Dark Money,” U.S. News & World Report, April 30, 2019, usnews/news/politics/articles/2019-04-30/democrats-increasingly-rely-on-dark-money.
47. Eric Kessler is the founder and principal at Arabella Advisors and also serves on the board of the New Venture Fund and the Sixteen Thirty Fund.
48. One singularly ironic group, Every Voice, purports to be attempting to remove the influence of money in politics and supporting “small donor election programs,” while feeding at the trough of big donors including not only Sixteen Thirty Fund but Jonathan Soros, the Soros-funded Open Society Policy Center, and the Tides Foundation. “Every Voice,” Influence Watch, influencewatch/non-profit/every-voice/.
49. “New Venture Fund 990,” Influence Watch, influencewatch/app/uploads/2019/03/New-Venture-Fund-2017-Form-990-reduced.pdf.
50. Whitehouse also took aim at the Pacific Legal Foundation, criticizing it for engaging in impact litigation by finding sympathetic clients to bring cases it hoped would shift the law in the direction they favored. That technique was pioneered by the ACLU and NAACP and included such famous cases as Rosa Parks and Brown v Board of Education. Whitehouse treated it as a devious and underhanded ploy, although Judge Kavanaugh attempted to explain that it is a common tool of legal groups across the political spectrum.
51. Senator Cory Booker, “Booker Confidential–Kavanaugh Hearing,” Scribd, September 5, 2018, scribd/document/387988906/Booker-Confidential-Kavanaugh-Hearing.
52. Hans A. von Spakovsky,” Kavanaugh hearing day four: Democrats still land no punches,” Fox News, September 7, 2018, foxnews/opinion/kavanaugh-hearing-day-four-democrats-still-land-no-punches.
53. Kevin Breuninger and Tucker Higgins, “Democrats defy GOP warnings about Senate rules, release Kavanaugh documents,” CNBC, September 6, 2018, cnbc/2018/09/06/democratic-senators-say-they-will-risk-expulsion-fight-to-release-kavanaugh-documents.html.
54. Associated Press, “Sen. Cory Booker releases 28 new documents related to Kavanaugh,” NBC News, September 12, 2018, nbcnews/politics/supreme-court/sen-cory-booker-releases-28-new-documents-related-kavanaugh-n909101.
55. David Sherfinski, Alex Swoyer, and Stephen Dinan, “Accusations fly against Kavanaugh in craziest Supreme Court confirmation hearings in decades,” Washington Times, September 6, 2018, washingtontimes/news/2018/sep/6/brett-kavanaugh-confirmation-hearings-feature-wild/.
56. Henry Rodgers, “Liz Warren Supports Protesters Who Interrupted Kavanaugh Hearing, Wants Them to Stay,” Daily Caller, September 4, 2018, dailycaller/2018/09/04/elizabeth-warren-protesters-kavanaugh/.
57. Jessica Chasmar, “Ruth Bader Ginsberg blasts Brett Kavanaugh hearings as ‘highly partisan show,’ ” Washington Times, September 13, 2018, washingtontimes/news/2018/sep/13/ruth-bader-ginsburg-blasts-brett-kavanaugh-hearing/.
58. Richard Wolf, “Brett Kavanaugh coasts toward Supreme Court confirmation despite document dispute, public protest,” USA Today, September 6, 2018, usatoday/story/news/politics/2018/09/06/brett-kavanaugh-faces-third-day-supreme-court-confirmation-hearings/1205309002/.
Chapter Five: All Hell Breaks Loose
1. Kavanaugh’s responses to the questions for the record are quoted throughout this section. Judge Brett Kavanaugh, “Senator Chuck Grassley Questions for the Record,” Senate Judiciary Committee, September 12, 2018, judiciary.senate.gov/imo/media/doc/Kavanaugh%20Responses%20to%20Questions%20for%20the%20Record.pdf.
2. Rice v Cayetano, 528 U.S. 495 (2000).
3. Hamdan v Rumsfeld, 548 U.S. 557 (2006).
4. Ryan Grim, “Dianne Feinstein Withholding Brett Kavanaugh Document From Fellow Judiciary Committee Democrats,” The Intercept, September 12, 2018, theintercept/2018/09/12/brett-kavanaugh-confirmation-dianne-feinstein/.
5. “Executive Business Meeting,” Committee on the Judiciary website, September 13, 2018, judiciary.senate.gov/meetings/09/13/2018/executive-business-meeting.
6. Lissandra Villa and Paul McLeod, “Senate Democrats Have Referred A Secret Letter About Brett Kavanaugh To The FBI,” Buzzfeed News, September 13, 2018, buzzfeednews/article/lissandravilla/senate-democrats-have-sent-a-secret-letter-about-brett; Lisa Mascaro, “Inside Democrats’ struggle with the Kavanaugh accusation,” AP News, September 24, 2018, apnews/af6b15bd2abb490b858098ee889b57bd.
7. “Sexual Harrasment in the Workplace,” C-SPAN, September 12, 2018, c-span/video/?451364-1/bipartisan-womens-caucus-examines-sexual-harassment-workplace.
8. “Feinstein Statement on Kavanaugh,” Committee on the Judiciary website, September 13, 2018, judiciary.senate.gov/press/dem/releases/feinstein-statement-on-kavanaugh.
9. Mascaro, “Inside Democrats’ struggle.”
10. Stephanie Kirchgaessner and Jessica Glenza, “Dianne Feinstein alerts authorities to secret Brett Kavanaugh letter,” The Guardian, September 13, 2018, amp.theguardian/us-news/2018/sep/13/brett-kavanaugh-dianne-feinstein-confidential-letter.
11. Brett T, “SERIOUSLY? So THIS is what Sen. Dianne Feinstein’s secret Brett Kavanaugh letter was about?” Twitchy, September 13, 2018, twitchy/brettt-3136/2018/09/13/seriously-so-this-is-what-sen-dianne-feinsteins-secret-brett-kavanaugh-letter-was-about/.
12. Jennifer Slye Aniskovich et al., Letter to Charles Grassley and Dianne Feinstein, judiciary.senate.gov/imo/media/doc/2018-09-14%2065%20Women%20who%20know%20Kavanaugh%20from%20High%20School%20-%20Kavanaugh%20Nomination.pdf.
13. Jane Mayer and Ronan Farrow, “Four Women Accuse New York’s Attorney General Of Physical Abuse,” New Yorker, May 7, 2018, newyorker/news/news-desk/four-women-accuse-new-yorks-attorney-general-of-physical-abuse; Ronan Farrow,