The Nine [197]
I have also steeped myself in the vast literature about the Court. In addition to the works cited below and in the bibliography, I have benefited from the day-to-day coverage of the Supreme Court press corps, especially that of Linda Greenhouse, Lyle Denniston, Chuck Lane, Dahlia Lithwick, Tony Mauro, David Savage, and Nina Totenberg. My thanks also to the Public Information Office of the Court, its excellent website, www.supremecourtus.gov, and Kathy Arberg, Patricia McCabe, and Ed Turner. Like all contemporary students of the Court, I benefited from my immersion in Justice Blackmun’s papers at the Library of Congress. My discussion of the Casey abortion decision drew heavily from this priceless trove.
Fortunately, the Court’s opinions are now widely available online. I relied on Cornell University’s http://supct.law.cornell.edu/supct/index.html. For transcripts and recordings of the Court’s oral arguments, Professor Jerry Goldman of Northwestern University created www.oyez.org, which I found indispensable. Among blogs, I looked often at the authoritative www.scotusblog.com, the encyclopedic http://howappealing.law.com, and the irresistible, if much diminished http://underneaththeirrobes.blogs.com. I am grateful, too, to Dr. Robert Browning and his colleagues at the C-Span archive in West Lafayette, Indiana, for the opportunity to study their many treasures.
PROLOGUE
The architect Cass Gilbert: Paul Byard, “Supreme Court Architecture,” lecture, Supreme Court Historical Society, U.S. Supreme Court, March 24, 1999; Fred J. and Suzy Maroon, Supreme Court, chs. 1–2; William H. Rehnquist, Supreme Court, pp. 100–2; Leo Pfeffer, Honorable Court, p. 69.
CHAPTER 1: THE FEDERALIST WAR OF IDEAS
They called themselves the Federalist Society: George W. Hicks, “The Conservative Influence of the Federalist Society on the Harvard Law School Student Body,” Harvard Journal of Law and Public Policy 29(2006), p. 648.
some conservatives started questioning that wisdom: For an extensive and critical examination of the Constitution-in-exile movement, see Cass R. Sunstein, Radicals in Robes, and Jeffrey Rosen, “The Unregulated Offensive,” New York Times Magazine, April 17, 2005.
a speech at Yale in 1982: Hicks, “Conservative Influence,” p. 649.
“object to as much as the last one”: Ethan Bronner, Battle for Justice, p. 312.
Sununu promised that the president: Jane Mayer and Jill Abramson, Strange Justice, p. 13.
CHAPTER 2: GOOD VERSUS EVIL
“They’ll both bite”: Mayer and Abramson, Strange Justice, p. 16.
Minnesota Twins: Linda Greenhouse, Becoming Justice Blackmun, p. 63.
William O. Douglas, then the senior associate justice: Bob Woodward and Scott Armstrong, The Brethren, p. 170.
Stewart responded eagerly: J. Anthony Lukas, “The Playboy Interview: Bob Woodward,” Playboy, Feb. 1989.
“right on target!”: Joan Biskupic, Sandra Day O’Connor, p. 158.
top hat as a gift: Greenhouse, Becoming Justice Blackmun, p. 56.
“just like a clown”: John W. Dean, The Rehnquist Choice, p. 86.
“Voices outside the room”: Bonnie Goldstein, “Rehnquist’s Skeletons,” Slate, Jan. 16, 2007, www.slate.com/id/2157684.
Rehnquist had tentatively planned: Mayer and Abramson, Strange Justice, pp. 349–50.
the Post decided not to pursue the issue: Ibid., p. 350.
CHAPTER 3: QUESTIONS PRESENTED
bagpipes provided accompaniment: Biskupic, Sandra Day O’Connor, pp. 31–32, 51.
she voted to end criminal prohibitions: Ibid., p. 58.
a young Justice Department aide named Kenneth Starr: David J. Garrow, “The Unlikely Center,” New Republic, Feb. 28, 2006.
audacious litigation tactics: Edward Lazarus, Closed Chambers, pp. 459–86; Greenhouse, Becoming Justice Blackmun, pp. 199–206.
he simply kept Planned Parenthood v. Casey off the list of cert petitions: There is some dispute about how hard Rehnquist tried to delay the Casey argument. Blackmun clearly thought the chief was trying to run out the clock before the election. See David J. Garrow, “Dissenting Opinion,” New York Times Book Review, April 19, 1998.
never managed to catch up: David