The Nine [200]
grade-point averages: Nicholas Lemann, “The Empathy Defense,” New Yorker, Dec. 18, 2000, p. 46.
Barbara Grutter was one of nine children: Ibid., p. 48.
CHAPTER 17: THE GREEN BRIEF
four of twenty-two such cases: See generally David Cole, “The Liberal Legacy of Bush v. Gore,” Georgetown Law Journal 94 (2006): 1427.
CHAPTER 18: “OUR EXECUTIVE DOESN’T”
the lawyers in charge could not have differed more: For a detailed account of the lawsuit from the plaintiff’s perspective, see Joseph Margulies, Guantánamo and the Abuse of Presidential Power.
“These photos proved to be the most powerful”: Ibid., pp. 152–53. There is no evidence that Clement knew anything about the torture.
later renamed the Chicago Hilton: On Stevens’s connection to the hotel, see Charles Lane, “Justice on a Small Scale,” Washington Post, June 5, 2005.
the Court did no such thing: See Simon Lazarus, “Federalism RIP?” DePaul Law Review 56 (2006): 1, 30–35.
CHAPTER 19: “A GREAT PRIVILEGE, INDEED”
This was a different salute: Linda Greenhouse, “The Inauguration: Ailing Chief Justice Makes Good His Promise,” New York Times, Jan. 21, 2005.
“Fajitas and frivolity”: Biskupic, Sandra Day O’Connor, p. 249.
CHAPTER 20: “‘G’ IS FOR GOD”
Miranda wasn’t much more than a glorified blogger: See Michael Crowley, “Miranda Rights,” New Republic, July 25, 2005; Alexander Bolton, “Fall and Rise of Miranda,” Hill, Nov. 9, 2005.
CHAPTER 21: RETIRING THE TROPHY
Cheney and Miers were on board: Peter Baker, “Unraveling the Twists and Turns of the Path to a Nominee,” Washington Post, July 25, 2005.
he remembered something else that Reid: Elsa Walsh, “Minority Retort,” New Yorker, Aug. 8 and 15, 2005, p. 42.
CHAPTER 22: “I KNOW HER HEART”
the law firm where she would spend: J. Michael Kennedy et al., “Few Clues to Miers’ Convictions,” Los Angeles Times, Oct. 6, 2005.
“Harriet epitomizes that”: Ibid.
Hecht himself would be speaking: John Fund, “Judgment Call,” Opinionjournal.com, Oct. 17, 2005.
“I agree with that”: Ibid.
an “engaging person”: Dana Milbank, “The Sales Calls Begin on Capitol Hill, but Some Aren’t Buying,” Washington Post, Oct. 6, 2005.
“this president’s knowledge of this nominee”: Peter Baker and Dan Balz, “Conservatives Confront Bush Aides,” Washington Post, Oct. 6, 2005.
CHAPTER 23: DINNER AT THE JUST DESSERTS CAFÉ
DeLay in the House and John Cornyn in the Senate: Mike Allen and Charles Babington, “House Votes to Undercut High Court on Property,” Washington Post, July 1, 2005.
CHAPTER 24: “I AM AND ALWAYS HAVE BEEN…”
he sought to move up to a position: Jo Becker and Dale Russakoff, “Proving His Mettle in the Reagan Years,” Washington Post, Jan. 9, 2006.
Neas insisted that he had to be stopped: Lois Romano and Juliet Eilperin, “Republicans Were Masters in the Race to Paint Alito,” Washington Post, Feb. 2, 2006.
Katyal constructed a legal assault: See Nina Totenberg, profile of Neal Katyal, National Public Radio, http://www.npr.org/templates/story/ story.php?storyld=575135.
CHAPTER 25: PHANATICS?
“Should Grutter v. Bollinger…be overturned?”: By a public initiative passed on November 7, 2006, Michigan voters overturned the university affirmative action program which the Supreme Court had approved in Grutter. The conservative leader Ward Connerly led the fight to end preferential treatment for minority students. The initiative itself, known as Proposal 2, has also been challenged in the courts.
unprecedented in the Court’s recent history: All statistics come from the authoritative compilation at Scotusblog. See http://www.scotusblog.com/movable type/archives/MemoOT06.pdf.
Thomas had not asked a single question: According to a study of the year’s oral argument transcripts by Michael Doyle of the McClatchy Newspapers, Breyer spoke the most words, 34,937, followed by Scalia with 30,087. Alito was second-to-last with 5,674, and Thomas last with zero. See