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The Nine [198]

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J. Garrow, “Justice Souter Emerges,” New York Times Magazine, Sept. 25, 1994.

“close approach to solitude”: Garrow, “The Unlikely Center.”


CHAPTER 4: COLLISION COURSE

helped spark the Civil War: David G. Savage, “The Rescue of Roe v. Wade,” Los Angeles Times, Dec. 13, 1992.

“decisions we do not like”: Lazarus, Closed Chambers, p. 471.

“Wow! Pretty extreme!”: Greenhouse, Becoming Justice Blackmun, p. 203.

a letter from a nun: Savage, “The Rescue of Roe v. Wade.”

“correctness and legitimacy”: Greenhouse, Becoming Justice Blackmun, p. 204.

unlikely jogging partners: Savage, “The Rescue of Roe v. Wade.”

“‘what I think it ought to mean!’”: Margaret Talbot, “Supreme Confidence,” New Yorker, March 28, 2005, p. 42.

correct for all time: Mark Tushnet, A Court Divided: The Rehnquist Court and the Future of Constitutional Law, p. 215.

He needed to “brood”: Terry Carter, “Crossing the Rubicon,” California Lawyer, Oct. 1992.


CHAPTER 5: BIG HEART

Cuomo faxed Clinton: George Stephanopoulos, All Too Human: A Political Education, pp. 167–68.

the Guinier nomination blew up: John F. Harris, The Survivor: Bill Clinton in the White House, p. 60.

less sympathy than some judges: See http://www.oyez.org/oyez/resource/legal_entity/107/biography.

“answer will be nothing but yes”: Stephanopoulos, All Too Human, pp. 170–71. See also Henry J. Abraham, Justice, Presidents, and Senators, pp. 315–20.

Ruth Bader Ginsburg had been to women’s rights: Roger K. Newman, “President Clinton’s Supreme Court Appointments,” lecture, Hofstra University, Nov. 11, 2005.

he was the only person: David Remnick, “Negative Capability,” The New Yorker, Nov. 27, 1995, p. 44.


CHAPTER 6: EXILES RETURN?

witty speech Breyer had given: Newman, “President Clinton’s Supreme Court Appointments.”

“how awful you are?”: Ibid.

Clinton asked his staff to leave him alone: Ibid.

His distinguished service on the judiciary continued: See Morris Sheppard Arnold, “A Tribute to Richard S. Arnold,” Arkansas Law Review 58 (2005): 481, 482.

libertarian magazine: Douglas H. Ginsburg, “Delegation Running Riot,” Regulation 18, no. 1 (1995).


CHAPTER 7: WHAT SHALL BE ORTHODOX

“no other gods before me”: See discussion in Noah Feldman, Divided by God, pp. 151ff.

His law firm declared bankruptcy: Tony Mauro, “Jay Sekulow’s Golden Ticket,” Legal Times, Oct. 31, 2005.

“Wrong table”: Jeanne Cummings, “In Judge Battle, Mr. Sekulow Plays a Delicate Role,” Wall Street Journal, May 17, 2005.

various civic groups: Biskupic, Sandra Day O’Connor, pp. 282–86.


CHAPTER 8: WRITING SEPARATELY

Thomas required the new ones: Kevin Merida and Michael Fletcher, Supreme Discomfort: The Divided Soul of Clarence Thomas, p. 163.

still bedridden most of the time: Tony Mauro, “Decade after Confirmation, Thomas Becoming a Force on High Court,” Legal Times, Aug. 20, 2001.

his mother was struggling: Ibid., p. 39.

“condo on wheels”: Merida and Fletcher, Supreme Discomfort, p. 340.

“universally untrustworthy”: Diane Brady, “Supreme Court Justice Clarence Thomas Speaks,” BusinessWeek, March 12, 2007.

would not appear on television morning news shows: David D. Kirkpatrick with Linda Greenhouse, “Memoir Deal Reported for Justice Thomas,” New York Times, Jan. 10, 2003.

$42,200 in gifts: Richard A. Serrano and David G. Savage, “Justice Thomas Reports Wealth of Gifts,” Los Angeles Times, Dec. 31, 2004.


CHAPTER 9: CARDS TO THE LEFT

Clinton always said he had no memory: Of course, it is possible that both Jones and Clinton were lying and that a consensual sexual encounter took place. See Jeffrey Toobin, A Vast Conspiracy: The Real Story of the Sex Scandal That Nearly Brought Down a President, p. 158.

In 1975, as Jeffrey Rosen first reported: Jeffrey Rosen, “Rehnquist the Great?” Atlantic Monthly, April 2005.


CHAPTER 10: THE YEAR OF THE ROUT

the riches he extracted: On Sekulow’s financial arrangements, see Mauro, “Jay Sekulow’s Golden Ticket.”

an anonymous informant slipped: On the history of “partial birth” legislation, see Chris Black, “The Partial-Birth Fraud,” American Prospect, Fall 2001.

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