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"A remarkable work of slowed-down journalism...They are doing their jobs as journalists and writing the first draft of history." —Jill Filipovic, The Washington Post "...Generous but also damning." —Hanna Rosin, The New York Times From two New York Times reporters, a deeper look at the formative years of Supreme Court Justice Brett Kavanaugh and his confirmation. In September 2018, the F.B.I. was given only a week to investigate allegations of sexual misconduct against Brett Kavanaugh, President Trump's Supreme Court nominee. But even as Kavanaugh was sworn in to his lifetime position, many questions remained unanswered, leaving millions of Americans unsettled. During the Senate confirmation hearings that preceded the bureau's brief probe, New York Times reporters Robin Pogrebin and Kate Kelly broke critical stories about Kavanaugh's past, including the "Renate Alumni" yearbook story. They were inundated with tips from former classmates, friends, and associates that couldn't be fully investigated before the confirmation process closed. Now, their book fills in the blanks and explores the essential question: Who is Brett Kavanaugh? The Education of Brett Kavanaugh paints a picture of the prep-school and Ivy-League worlds that formed our newest Supreme Court Justice. By offering commentary from key players from his confirmation process who haven't yet spoken publicly and pursuing lines of inquiry that were left hanging, it will be essential reading for anyone who wants to understand our political system and Kavanaugh's unexpectedly emblematic role in it.
#1 NATIONAL BESTSELLER! Justice Anthony Kennedy slipped out of the Supreme Court building on June 27, 2018, and traveled incognito to the White House to inform President Donald Trump that he was retiring, setting in motion a political process that his successor, Brett Kavanaugh, would denounce three months later as a “national disgrace” and a “circus.” Justice on Trial, the definitive insider’s account of Kavanaugh’s appointment to the Supreme Court, is based on extraordinary access to more than one hundred key figures—including the president, justices, and senators—in that ferocious political drama. The Trump presidency opened with the appointment of Neil Gorsuch to succeed the late Antonin Scalia on the Supreme Court. But the following year, when Trump drew from the same list of candidates for his nomination of Brett Kavanaugh, the justice being replaced was the swing vote on abortion, and all hell broke loose. The judicial confirmation process, on the point of breakdown for thirty years, now proved utterly dysfunctional. Unverified accusations of sexual assault became weapons in a ruthless campaign of personal destruction, culminating in the melodramatic hearings in which Kavanaugh’s impassioned defense resuscitated a nomination that seemed beyond saving. The Supreme Court has become the arbiter of our nation’s most vexing and divisive disputes. With the stakes of each vacancy incalculably high, the incentive to destroy a nominee is nearly irresistible. The next time a nomination promises to change the balance of the Court, Hemingway and Severino warn, the confirmation fight will be even uglier than Kavanaugh’s. A good person might accept that nomination in the naïve belief that what happened to Kavanaugh won’t happen to him because he is a good person. But it can happen, it does happen, and it just happened. The question is whether America will let it happen again.
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
This account of the machinations following Justice Antonin Scalia’s death, and their damaging effects, is “a gripping tale of insider Washington” (The Boston Globe). In this book, the Chief Washington Correspondent for the New York Times provides a richly detailed, news-breaking, and conversation-changing look at the unprecedented political fight to fill the Supreme Court seat made vacant by Antonin Scalia’s death—using it to explain the paralyzing and all but irreversible dysfunction across all three branches in the nation’s capital. The embodiment of American conservative jurisprudence, Scalia cast an expansive shadow over the Court for three decades. His unexpected death in February 2016 created a vacancy that precipitated a pitched political fight that would change not only the tilt of the court, but the course of American history. It would help decide a presidential election, fundamentally alter longstanding protocols of the Senate, and transform the Supreme Court—which has long held itself as a neutral arbiter above politics—into another branch of the federal government riven by partisanship. In an unheard-of development, Senate Majority Leader Mitch McConnell refused to give Democratic President Barack Obama’s nominee, Merrick Garland, a confirmation hearing. Not one Republican in the Senate would meet with him. Scalia’s seat would be held open until Donald Trump’s nominee, Neil M. Gorsuch, was confirmed in April 2017. Hulse tells the story of this battle to control the Court through exclusive interviews with McConnell, Harry Reid, Chuck Schumer, and other top officials, Trump campaign operatives, court activists, and legal scholars, as well as never-before-reported details. Confirmation Bias provides much-needed context, revisiting the judicial wars of recent decades to show how they led to our current polarization. He examines the politicization of the federal bench and the implications for public confidence in the courts, and takes us behind the scenes to explore how many long-held democratic norms and entrenched bipartisan procedures have been erased across all three branches of government. Includes a new afterword “An absorbing, if dispiriting, look at the maneuverings of inside players like McConnell and Donald McGahn, Trump’s first White House counsel, and outside advocates like Leonard Leo of the Federalist Society, who appears to have steered judicial selection as much as anyone in the White House.” —The Washington Post
In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. Brett Kavanaugh—replacing Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court—Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.
A powerful collection of essays from actors, activists, athletes, politicians, musicians, writers, and teens, including Senator Amy Klobuchar, actress Alia Shawkat, actor Maulik Pancholy, poet Azure Antoinette, teen activist Gavin Grimm, and many, many others, each writing about a time in their youth when they were held back because of their race, gender, or sexual identity—but persisted. "Aren't you a terrorist?" "There are no roles for people who look like you." "That's a sin." "No girls allowed." They've heard it all. Actress Alia Shawkat reflects on all the parts she was told she was too "ethnic" to play. Former NFL player Wade Davis recalls his bullying of gay classmates in an attempt to hide his own sexuality. Teen Gavin Grimm shares the story that led to one of the infamous "bathroom bills," and how he's fighting it. Holocaust survivor Fanny Starr tells of her harrowing time in Aushwitz, where she watched her family disappear, one by one. What made them rise up through the hate? What made them overcome the obstacles of their childhood to achieve extraordinary success? How did they break out of society's limited view of who they are and find their way to the beautiful and hard-won lives they live today? With a foreword by Minnesota senator and up-and-coming Democratic party leader Amy Klobuchar, these essays share deeply personal stories of resilience, faith, love, and, yes, persistence. An International Latino Book Award Winner A National Council for Social Studies Selection "Each tale is a soulful testament to the endurance of the human spirit and reminds readers that they are not alone in their search for self. . . . An unflinchingly honest book that should be required reading for every young person in America." —Kirkus Reviews, starred review "An invaluable collection of snapshots of American society." —VOYA, starred review "[A] gem of a book. . . . There's a lot to study here and talk about on the way to becoming kinder, more empathetic, and most important, compassionate." —Booklist "Readers encountering injustice in their own lives may be compelled to take heart—and even action." —Publishers Weekly "A powerful collection of voices." —SLJ "The sheer variation in writing styles, subject-matters, and structure to these narratives provides readers with inspiration in assorted forms and a complex interpretation of what it means to persist." —The Bulletin
Through a reexamination of the earliest struggles against Jim Crow, Blair Kelley exposes the fullness of African American efforts to resist the passage of segregation laws dividing trains and streetcars by race in the early Jim Crow era. Right to Ride chronicles the litigation and local organizing against segregated rails that led to the Plessy v. Ferguson decision in 1896 and the streetcar boycott movement waged in twenty-five southern cities from 1900 to 1907. Kelley tells the stories of the brave but little-known men and women who faced down the violence of lynching and urban race riots to contest segregation. Focusing on three key cities--New Orleans, Richmond, and Savannah--Kelley explores the community organizations that bound protestors together and the divisions of class, gender, and ambition that sometimes drove them apart. The book forces a reassessment of the timelines of the black freedom struggle, revealing that a period once dismissed as the age of accommodation should in fact be characterized as part of a history of protest and resistance.
The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.
Campus Politics: What Everyone Needs to Know(R) provides the first even-handed look at political controversy on American university campuses, from struggles over "political correctness" to recent battles over racism, speech codes, and sexual assault.
** WALL STREET JOURNAL BESTSELLER **USA TODAY BESTSELLER ** PUBLISHER'S WEEKLY BESTSELLER ** NEW YORK TIMES BESTSELLER ** With a simple majority on the Supreme Court, the left would have the power to curtail or even abolish the freedoms that have made America a beacon to the world. We are one vote away from losing our most precious constitutional rights. As a Supreme Court clerk, solicitor general of Texas, and private litigator, Ted Cruz played a key role in some of the most important legal cases of the past two decades. In One Vote Away, you will discover how often the high court decisions that affect your life have been decided by the narrowest of margins. One vote preserves your right to speak freely, to bear arms, and to exercise your faith. One vote will determine whether your children enjoy their full inheritance as American citizens. God may endow us with "certain unalienable rights," but whether we enjoy them depends on nine judges—the "high priests" who have the last say in our system of government. Drawing back the curtain of their temple, Senator Cruz reveals the struggles, arguments, and strife that have shaped the fate of those rights. No one who reads One Vote Away can ever again take a single seat on the Supreme Court for granted.