p. 87. “Sandra James, a pastor living ninety miles north of Richmond, testified before Congress that she spent one hour shivering outside her polling place and another two and a half hours shuffling toward the voting booth once indoors.” “Va., Md. Reps Sponsor Forum on Voting Problems.” WJLA. WJLA, July 10, 2015. https://wjla.com/news/local/va-md-reps-sponsor-forum-on-voting-problems-84053.

p. 88. “the record was set in Aventura, a suburb near Fort Lauderdale, where at least one early voter reported a nine-hour wait.” Mazzei, Patricia, Kathleen McGrory, and Sergio R. Bustos. “Final Day of Early Voting Goes Late into the Night.” miamiherald. Miami Herald, November 3, 2012. https://www.miamiherald.com/news/politics-government/article1944232.html.

p. 88. “In other words, the mess from the 2008 elections reduced Florida turnout by about 200,000 votes in the 2012 elections, which cost Florida an additional 200,000 votes in 2016.” Badger, Emily. “Why Long Voting Lines Could Have Long-Term Consequences.” The New York Times. The New York Times, November 8, 2016. https://www.nytimes.com/2016/11/09/upshot/why-long-voting-lines-today-could-have-long-term-consequences.html.

p. 93. “Fyre Festival’s co-founder, Billy McFarland, was sentenced to six years in jail.” Hanbury, Mary. “Here's Everything We Know about Billy McFarland, the 27-Year-Old Who Created the Disastrous Fyre Festival and Who's Now Serving a 6-Year Prison Sentence.” Business Insider. Business Insider, January 23, 2019. https://www.businessinsider.com/fyre-festival-founder-billy-mcfarland-bio-profile-2019-1.

p. 93. “It will operate eight times as many U.S. locations as McDonald’s” Ross, Sean. “10 Countries With the Most McDonald's Locations.” Investopedia. Investopedia, March 2, 2020. https://www.investopedia.com/articles/markets-economy/091716/10-countries-most-mcdonalds-locations-mcd.asp.

p. 98. “but it comes to just 29 cents per American per year.” “Business Insights.” BidNet. https://www.bidnet.com/resources/business-insights/us-government-spending-highway-infrastructure-en.jsp.

p. 99. “In Phoenix, Arizona, those staffing elections earn $6.20 per hour. In Kentucky, some make less than $4 an hour, barely half the federal minimum wage. These are admittedly two of the more egregious examples, but poll workers frequently make under $10 an hour and almost never make more than $15.” Nelson, Theresa, Taylor Dybdahl, and Lesley Kennedy. Election Poll Workers. https://www.ncsl.org/research/elections-and-campaigns/election-poll-workers637018267.aspx.

p. 101. “The Brennan Center found that in just two elections, 2008 and 2010, poor ballot design moved half a million Americans out of the electorate.” Lopez, Tomas. “Poor Ballot Design Hurts New York's Minor Parties...Again.” Brennan Center for Justice, October 23, 2014. https://www.brennancenter.org/our-work/analysis-opinion/poor-ballot-design-hurts-new-yorks-minor-partiesagain.

p. 104. “The sole Democrat on the county board of commissioners opposed the plan, but the board’s six Republicans approved it. According to a University of Florida study, Bennet’s changes lowered Black and Hispanic turnout by 3 to 5 percent.” Griffin, Rob, Ruy Teixeira, and John Halpin. “Voter Trends in 2016.” Center for American Progress. https://www.americanprogress.org/issues/democracy/reports/2017/11/01/441926/voter-trends-in-2016/.

p. 104. “According to a Vice News analysis, the chunk of our country once restrained by the Voting Rights Act now has 10 percent more voters per polling place than the rest of the United States. McCann, Allison.” “How the Gutting of the Voting Rights Act Led to Hundreds of Closed Polls.” VICE News. VICE News, October 16, 2018. https://news.vice.com/en_us/article/kz58qx/how-the-gutting-of-the-voting-rights-act-led-to-closed-polls.

p. 105. “Abrams supporters found themselves waiting two to three hours, while those in areas favoring Kemp faced almost no lines at all. Reinhard, Beth, and Amy Gardner.” “Broken Machines, Rejected Ballots and Long Lines: Voting Problems Emerge as Americans Go to the Polls.” The Washington Post. WP Company, November 7, 2018. https://www.washingtonpost.com/politics/broken-machines-rejected-ballots-and-long-lines-voting-problems-emerge-as-americans-go-to-the-polls/2018/11/06/ffd11e52-dfa8-11e8-b3f0-62607289efee_story.html.

p. 106. “In Texas, however, they do things differently. If you show up at the wrong precinct, your entire ballot is discarded. You can be in the right county, the right city, even the right neighborhood. It doesn’t matter. If you show up anywhere other than your assigned precinct, your vote doesn’t count at all.” Ura, Alexa. “Many Texans' Votes Are Lost When They Go to the Wrong Polling Place. Counties See Countywide Vote Centers as an Answer.” The Texas Tribune, July 25, 2019. https://www.texastribune.org/2019/07/25/texas-countywide-voting-rights-problems-solutions/.

p. 114. “Remarkably, many states have no minimum number of voting machines per precinct, and no maximum precinct size.” Dybdahl, Taylor, Wendy Underhill, and Lesley Kennedy. “Voting System Paper Trail Requirements.” NCSL, June 27, 2019. https://www.ncsl.org/research/elections-and-campaigns/voting-system-paper-trail-requirements.aspx.

p. 114. “In Cincinnati, for example, high schoolers can skip school on Election Day, provided they help out at a polling place.” Seitz, Amanda. “Paid Day off to Work the Polls?” WCPO, March 7, 2016. https://www.wcpo.com/news/political/local-politics/county-still-300-poll-workers-short-for-election-day.

p. 117. “She prevailed by nearly 18 percent, and today she’s a delegate in the Virginia Assembly.” Victor, Daniel. “Shelly Simonds, Who Lost Random Draw in 2017 Race, Wins Handily in Virginia.” The New York Times. The New York Times, November 6, 2019. https://www.nytimes.com/2019/11/05/us/elections/shelly-simonds-virginia-house.html.

p. 132. “In 2016, of the twenty most populous metro areas in the country, Clinton won fifteen. In metros with more than one million people (a list that includes not just New York and Los Angeles, but megalopolises like Grand Rapids and Rochester), she beat Trump by 16 percent. Population density matters as well: the more people per square mile, the larger the percentage of those people who tend to vote Democrat.” “2016 Presidential Election Results by Metro Area.” Talk Elections, January 9, 2017. https://talkelections.org/FORUM/index.php?topic=256204.0.

p. 124. “In 1776, at a mere thirty-two years old, he signed the Declaration of Independence.” Harrison, Elizabeth. “9 Things You May Not Know About the Declaration of Independence.” History.com. A&E Television Networks, July 4, 2012. https://www.history.com/news/9-things-you-may-not-know-about-the-declaration-of-independence.

pp. 124-125. “Elbridge Gerry was not the first to draw maps in his party’s favor. Back in 1788, in the run-up to America’s very first congressional election, Virginia’s Patrick Henry carefully arranged his own state’s districts in an attempt to keep James Madison out of the House of Representatives.” Labunski, Richard, Jeremy B. White, Sam Sutton, Carly Sitrin, Bill Mahoney, and Josh Gerstein. “How a Gerrymander Nearly Cost Us the Bill of Rights.” POLITICO Magazine, August 18, 2019. https://www.politico.com/magazine/story/2019/08/18/gerrymander-the-bill-of-rights-227626.

p. 130. “Compare that to the most competitive 2018 House election, the race for Georgia’s 7th District. There, Republican Rob Woodall won with just 208 wasted votes out of more than 140,000 he received—less than .002 percent.” “Rob Woodall.” Ballotpedia. https://ballotpedia.org/Rob_Woodall.

p. 131. “But using a New York Times analysis of results at the precinct level, we can find communities of sameness the typical map doesn’t capture.” “Ohio Election Results 2016.” The New York Times, August 1, 2017. https://www.nytimes.com/elections/2016/results/ohio.

p. 131. “By 2016, the proportion of Americans living in counties where the election wasn’t close had risen to 59 percent—a more than 10 percent increase in just eight years. Put another way, six in ten of us now live in areas less politically competitive than Mississippi.” DeSilver, Drew. “Few Counties Are Electorally Competitive.” Pew Research Center. Pew Research Center, June 30, 2016. https://www.pewresearch.org/fact-tank/2016/06/30/electorally-competitive-counties-have-grown-scarcer-in-recent-decades/.

p. 132. “Back in 1997, when Dave Wasserman was delivering hand-drawn maps to his teachers, America was home to 165 swing districts—those generally decided by ten percentage points or less. By 2012, the number of swing districts had fallen to ninety. By 2016, it was down to just seventy-two.” Enten, Harry. “Ending Gerrymandering Won't Fix What Ails America.” FiveThirtyEight. FiveThirtyEight, January 26, 2018. https://fivethirtyeight.com/features/ending-gerrymandering-wont-fix-what-ails-america/.

p. 133. “King County, Texas, for example, gave Trump a whopping 94 percent of the vote.” “Texas Election Results 2016.” The New York Times. The New York Times, August 1, 2017. https://www.nytimes.com/elections/2016/results/texas.

p. 133. “Of the 30 most lopsided districts in America, 25 are solidly blue.” “Texas Election Results 2016.” The New York Times. The New York Times, August 1, 2017. https://www.nytimes.com/elections/2016/results/texas.

p. 133. “We can measure this by looking at 2016 results from what I’ll call “landslide counties,” those that went at least 80–20 for the winner. While more than 500 of the 530 landslide counties went for Trump, these reddest-red bubbles tend to be sparsely populated.” Aisch, Gregor, Adam Pearce, and Karen Yourish. “The Divide Between Red and Blue America Grew Even Deeper in 2016.” The New York Times. The New York Times, November 10, 2016. https://www.nytimes.com/interactive/2016/11/10/us/politics/red-blue-divide-grew-stronger-in-2016.html.

p. 136. “REDMAP stands for “Redistricting Majority Project,” and in the run-up to Obama’s reelection, it spent $48 million on an effort to redraw America’s congressional lines.” “2012 REDMAP Summary Report.” The RSLC Redistricting Majority Project – REDMAP, January 4, 2013. http://www.redistrictingmajorityproject.com/?p=646.

p. 136. “‘I think it’s wrong,’ Newt Gingrich declared in 2006. ‘I think it leads to bad government.’” Strand, Ginger. “How Redistricting in Michigan Has Disenfranchised Voters and Helped the Far Right Capture a Centrist State.” Pacific Standard, October 23, 2018. https://psmag.com/magazine/among-the-gerrymandered.

p. 141. “In TX-29, on the east side of Houston, it’s 24 percent.” Wines, Michael. “How the Supreme Court's Decision on the Census Could Alter American Politics.” The New York Times. The New York Times, April 23, 2019. https://www.nytimes.com/2019/04/23/us/noncitizens-census-political-maps.html.

p. 141. “For example, more than one in nine people in New York City are either undocumented themselves or living with someone who is. If they weren’t counted in the census, the city would go from twelve to eleven congressional seats.” de Blasio, Bill, and Bitta Mostofi. “State of Our Immigrant City.” Mayor's Office of Immigrant Affairs, March 2018. https://www1.nyc.gov/assets/immigrants/downloads/pdf/moia_annual_report_2018_final.pdf.

p. 155. “Of the ten state delegations then present when the compromise was voted on, five supported the deal. Four, including Madison’s Virginia, opposed it. By convention rules, a 5–5 split meant a rejected proposal, so everything came down to the tenth and final state. If a majority of its four delegates supported the compromise, it would pass.” “Madison Debates.” Avalon Project . Accessed April 29, 2020. https://avalon.law.yale.edu/18th_century/debates_616.asp.

p. 158. “‘The fact that a City or State or Town is a moral being, with a life of its own and a quality of its own is one of the great secrets of Constitutional Liberty,’ the Massachusetts Republican proclaimed in a 1902 speech. ‘Our ancestors recognized the American States as equals in these qualities, and did not apportion political power according to the mere brute force of numbers.’” Hoar, George Frisbie. American Citizenship: Address Delivered Before the State University of Iowa, at the Forty-Third Annual Commencement, June 17, 1902. IA City, IA: State University of Iowa, 1902.

p. 161. “In 1864, 107 electoral votes were sufficient to win the White House, so a new state could supply nearly 3 percent of the winning total—enough to decide a close race.” “Presidential Election of 1864.” 270toWin.com. https://www.270towin.com/1864_Election/.

p. 164. “Author Anthony Lewis provides an example from Connecticut: ‘177,000 citizens of Hartford elected two members of the state House of Representatives; so did the town of Colebrook, population 592.’” Lewis, Anthony. “The Most Skillful Liberal.” The New York Review of Books, April 7, 2011. https://webcache.googleusercontent.com/search?q=cache:9wv3kSwCci8J:https://www.nybooks.com/articles/2011/04/07/most-skillful-liberal/+&cd=1&hl=en&ct=clnk&gl=us&client=safari.

p. 165. "The previously undecided Potter Stewart soon signed on as well, and another Frankfurter ally grew so comprehensively stressed from the Baker debate that he succumbed to exhaustion and stepped down. Thus, by a 6–2 vote, theCourt decided for the plaintiff in Baker v. Carr." “Baker v. Carr.” Oyez. https://www.oyez.org/cases/1960/6.

p. 165. “In the months after the Baker decision, lawsuits were filed in twenty-two states, and districts were knocked down in a dozen of them.” “Baker v. Carr.” Oyez. https://www.oyez.org/cases/1960/6.

p. 165. “93 of 99 state legislative maps were redrawn in just four years. ‘One Person, One Vote’ had swept America.” Waldman, Michael. The Fight to Vote. New York: Simon & Schuster paperbacks, 2017.

p. 167. “Delaware in 1790 had 59,000 residents; it has more now.” “1790 Census.” National Geographic Society, November 9, 2012. https://www.nationalgeographic.org/media/us-census-1790/.

p. 168. “In America today, 60 percent of U.S. senators are elected by just 24 percent of the voters.” Bump, Philip. “Analysis | By 2040, Two-Thirds of Americans Will Be Represented by 30 Percent of the Senate.” The Washington Post. WP Company, November 28, 2017. https://www.washingtonpost.com/news/politics/wp/2017/11/28/by-2040-two-thirds-of-americans-will-be-represented-by-30-percent-of-the-senate/.

p. 170. “When I was born, twenty-three states—nearly half—had one senator from each party.” “Congress Profiles: US House of Representatives: History, Art & Archives.” Congressional Profiles | US House of Representatives: History, Art & Archives. Accessed April 29, 2020. https://history.house.gov/Congressional-Overview/Profiles/99th/.

p. 177. “On May 23, 2019, an op-ed appeared in USA Today.” England, Trent. “Rural Americans Would Be Serfs If We Abolished the Electoral College.” USA Today. Gannett Satellite Information Network, May 27, 2019. https://www.usatoday.com/story/opinion/2019/05/23/killing-electoral-college-means-rural-americans-would-be-serfs-column/3770424002/.

p. 183. “But twenty were, and they combined for 309 electoral votes.” Kondik, Kyle. The Bellwether: Why Ohio Picks the President. Athens, OH: Ohio University Press, 2016.

p. 186. “as recently as 2012, the Electoral College strongly favored Democrats.” Silver, Nate. “Will The Electoral College Doom The Democrats Again?” FiveThirtyEight. FiveThirtyEight, November 14, 2016. https://fivethirtyeight.com/features/will-the-electoral-college-doom-the-democrats-again/.

p. 194. “But in 1896, after making his fortune in mining, shipbuilding, railroads, and steel, he brought his business savvy to his friend William McKinley’s presidential campaign.” The Editors of Encyclopaedia Britannica. “Mark Hanna.” Encyclopædia Britannica. Encyclopædia Britannica, inc., February 11, 2020. https://www.britannica.com/biography/Mark-Hanna.

p. 195. “90 percent of the country’s households at the time didn’t own a TV. By the 1970s, however, 95 percent of American homes had televisions, and We, the People were watching 150 billion hours of programming each year. About 38 billion of those hours were commercials.” Shales, Tom. “TV in the '70s.” The Washington Post. WP Company, December 27, 1979. https://www.washingtonpost.com/archive/lifestyle/1979/12/27/tv-in-the-70s/6a3a1ac0-d251-428c-acf7-1e227488474a/.

p. 196. “The Committee to Re-Elect the President, better known by the acronym CREEP, drew up lists of people and companies who had government business or might want to avoid an IRS audit.” National Archives and Records Administration. National Archives and Records Administration. https://catalog.archives.gov/id/10496747.

p. 196. “Some donations were laundered through Mexican banks; others were delivered by corporate jet. In the Midwest, contributors handed over checks at a donor’s private game preserve. One New Jersey financier, hoping to head off a fraud investigation, sent an emissary to Nixon headquarters carrying an attaché case stuffed with $200,000 in cash.” Abramson, Jill. “Return of the Secret Donors.” The New York Times. The New York Times, October 16, 2010. https://www.nytimes.com/2010/10/17/weekinreview/17abramson.html.

p. 199. “In Germany, each political party is allowed to shoot exactly one ninetysecond ad, which it can air in rough proportion to the number of votes it received the last time around.” Palmer, and Edith. “Campaign Finance: Germany.” Campaign Finance: Germany | Law Library of Congress, April 1, 2009. http://loc.gov/law/help/campaign-finance/germany.php.

p. 202. “Anthony Kennedy declared that the public’s interest in fighting corruption, an interest recognized as valid in Buckley v. Valeo, was now limited to cases of outright bribery. Buying a favor from a politician was illegal; buying the loyalty of a politician was not.” Greenhouse, Linda. “Justices Uphold Ceiling of $1,000 On Political Gifts.” The New York Times. The New York Times, January 25, 2000. https://www.nytimes.com/2000/01/25/us/justices-uphold-ceiling-of-1000-on-political-gifts.html.

p. 225. “In the 100th Congress, the first full legislative session of my life, 7 percent of introduced legislation passed both the House and Senate.” “Statistics and Historical Comparison.” GovTrack.us. https://www.govtrack.us/congress/bills/statistics.

p. 228. “At least 60 percent of Americans support marijuana legalization, ending mandatory minimum prison sentences, raising the minimum wage for everyone, and raising taxes for the rich.” “Mandatory Minimum Prison Sentences Poll Results.” iSideWith. https://www.isidewith.com/poll/3551757377.

p. 231. “The current edition of the House Rules and Manual runs 1,494 pages and weighs 3.2 pounds.” Deschler, Lewis, and Thomas Jefferson. “Constitution, Jefferson's Manual, and Rules of the House of Representatives of the United States, Ninety-Third Congress.” Amazon. U.S. Gov't Print. Off., 1973. https://www.amazon.com/Constitution-Jeffersons-Manual-Rules-Representatives/dp/0160939577.

p. 233. “J. J. Anthony, submitted what the Encyclopedia of Arkansas calls a ‘tongue-in-cheek amendment.’” “Wilson-Anthony Duel.” Encyclopedia of Arkansas. https://encyclopediaofarkansas.net/entries/wilson-anthony-duel-5664/.

p. 236. “On another occasion, a colleague sanctimoniously proclaimed that he ‘would rather be right than be president.’ ‘The gentleman need not be disturbed,’ Reed replied. ‘He never will be either.’” “The Speaker Who Ruled With an Iron Fist.” The New York Times. The New York Times, November 28, 1987. https://www.nytimes.com/1987/11/28/opinion/l-the-speaker-who-ruled-with-an-iron-fist-220787.html.

p. 236. “Reed’s Republicans held just 168 seats.” Barnes, John A. “Reed's Rules.” National Review. National Review, June 16, 2010. https://www.nationalreview.com/2005/03/reeds-rules-john-barnes/.

p. 241. “A bespectacled, plantation-born Virginia conservative, Judge Smith, a Democrat, was first elected to Congress in 1930 and became Rules Committee chair in 1955.” “'Judge' Smith Moves With Deliberate Drag; The Powerful Chairman of the House Rules Committee Is in No Hurry to Push Civil Rights.” The New York Times. The New York Times, January 12, 1964. https://www.nytimes.com/1964/01/12/archives/judge-smith-moves-with-deliberate-drag-the-powerful-chairman-of-the.html.

p. 241. “‘Grasp any snickersnee you can get hold of and fight the best way you can.’” Mcquiston, John T. “EX‐REP. SMITH DIES AT HOME IN VIRGINIA.” The New York Times. The New York Times, October 4, 1976. https://www.nytimes.com/1976/10/04/archives/exrep-smith-dies-at-home-in-virginia-former-head-of-rules-committee.html.

p. 241. “Later, Smith held up Alaska statehood for an entire year.” Mcquiston, John T. “EX‐REP. SMITH DIES AT HOME IN VIRGINIA.” The New York Times. The New York Times, October 4, 1976. https://www.nytimes.com/1976/10/04/archives/exrep-smith-dies-at-home-in-virginia-former-head-of-rules-committee.html.

p. 247. “With a wave of the hand, Speakers can put a bill onto the schedule for a vote.” “The Voter's Self Defense System.” Vote Smart. Accessed May 12, 2020. https://votesmart.org/education/how-a-bill-becomes-law#.Xrr4qFNKjUp.

p. 253. “One congressman used an earmark to touch up the beach near his vacation home. Others funded roads that never saw a driver. Duke Cunningham, a California representative until his guilty plea in 2005, traded earmarks to a defense contractor in exchange for cash, the kind of explicit bribery even John Roberts wouldn’t abide.” Fallis, David S., Scott Higham, and Kimberly Kindy. “Congressional Earmarks Sometimes Used to Fund Projects near Lawmakers' Properties.” The Washington Post. WP Company, February 6, 2012. https://www.washingtonpost.com/investigations/2012/01/12/gIQA97HGvQ_story.html.

p. 257. “It would bring the whole legislative session to an immediate end, disbanding the chamber for a year or more.” The Editors of Encyclopaedia Britannica. “Liberum Veto.” Encyclopædia Britannica. Encyclopædia Britannica, inc., October 30, 2008. https://www.britannica.com/topic/liberum-veto.

p. 258. “According to the Constitution, the president is the only person who can single-handedly veto a bill—and even a presidential veto can be overturned.” Bagley, Nicholas, and Thomas A. Smith. “Article I, Section 7.” Article I | The National Constitution Center. https://constitutioncenter.org/interactive-constitution/interpretation/article-i/clauses/766.

p. 258. “Until 1913” “Origins and Development.” U.S. Senate: Origins and Development, April 13, 2020. https://www.senate.gov/artandhistory/history/common/briefing/Origins_Development.htm#4.

p. 259. “(one of the few responsibilities the Constitution actually grants the vice president)” “Vice President of the United States (President of the Senate).” U.S. Senate: Vice President of the United States (President of the Senate), April 1, 2020. https://www.senate.gov/artandhistory/history/common/briefing/Vice_President.htm#2.

p. 259. “He died in 1836 on Staten Island.” “The House Where Aaron Burr Died, Port Richmond, Staten Island, New York, U.S.A.” The Library of Congress. https://www.loc.gov/item/2017649036/.

p. 260. “Opponents of Andrew Jackson, they hoped to stop a pro-Jackson majority from repealing a censure of the president that an earlier Congress had passed.” History.com Editors. “Filibuster.” History.com. A&E Television Networks, September 12, 2017. https://www.history.com/topics/us-government/history-of-the-filibuster.

p. 261. “‘Administrations come and go,’ wrote Republican Henry Cabot Lodge, ‘Houses assemble and disperse, Senators change, but the Senate is always there in the Capitol, and always organized, with an existence unbroken since 1789.’” “The Senate as a Continuing Body.” U.S. Senate: The Senate as a Continuing Body, October 15, 2019. https://www.senate.gov/artandhistory/history/common/generic/People_TheSenateasaContinuingBody.htm.

p. 262. “Clay was known as the ‘Great Compromiser,’” Iannacci, Niccandro. “Henry Clay, the Great Compromiser.” National Constitution Center – constitutioncenter.org, April 12, 2016. https://constitutioncenter.org/blog/henry-clay-the-great-compromiser/.

p. 262. “Clay threatened to undo Burr’s copy edit and reinstate majority rule.” “Filibuster and Cloture.” U.S. Senate: Filibuster and Cloture, March 30, 2020. https://www.senate.gov/artandhistory/history/common/briefing/Filibuster_Cloture.htm.

p. 262. “In 1846, after a delay over a treaty with Britain lasted more than two months, Ohio’s William Allen offered a proposal.” “The First Unanimous Consent Agreement.” U.S. Senate: The First Unanimous Consent Agreement, December 20, 2019. https://www.senate.gov/artandhistory/history/minute/First_Unanimous_Consent_Agreement.htm.

p. 263. “Every morning, the Senate’s formal rules require a complete, out-loud recitation of the previous day’s journal.” “Rules Of The Senate: U.S. Senate Committee on Rules & Administration.” Rules of the Senate | U.S. Senate Committee on Rules & Administration. https://www.rules.senate.gov/rules-of-the-senate.

p. 264. “they seized the Senate floor and refused to allow a vote.” “‘Free Speech in Wartime.’” U.S. Senate: "Free Speech in Wartime", December 12, 2019. https://www.senate.gov/artandhistory/history/minute/Free_Speech_In_Wartime.htm.

p. 264. “‘The Senate of the United States is the only legislative body in the world which cannot act when its majority is ready for action,’ Wilson raged. ‘A little group of willful men, representing no opinion but their own, have rendered the great Government of the United States helpless and contemptible.’” “Cloture Rule.” U.S. Senate: Cloture Rule, December 12, 2019. https://www.senate.gov/artandhistory/history/minute/Cloture_Rule.htm.

p. 264. “In the end, lawmakers compromised and created a new formal rule. If two-thirds of senators came together, a speaker could be cut off and a filibuster broken.” “Cloture Rule.” U.S. Senate: Cloture Rule, December 12, 2019. https://www.senate.gov/artandhistory/history/minute/Cloture_Rule.htm.

p. 264. “An antilynching bill passed the House and had majority support in the Senate as well.” “Anti-Lynching Legislation Renewed: US House of Representatives: History, Art & Archives.” Anti-Lynching Legislation Renewed | US House of Representatives: History, Art & Archives. https://history.house.gov/Exhibitions-and-Publications/BAIC/Historical-Essays/Temporary-Farewell/Anti-Lynching-Legislation/.

p. 265. “In 2005, the Senate passed a resolution formally apologizing to lynching victims” “S.Res. 39 (109th): Lynching Victims Senate Apology Resolution.” GovTrack.us. Accessed https://www.govtrack.us/congress/bills/109/sres39/text.

p. 266. “In 1939, Senator Jefferson Smith, determined to secure a campsite for his beloved Boy Rangers and expose a corrupt land-grab scheme, refused to yield the Senate floor.” “Mr. Smith Goes To Washington.” Hollywood Theatre. https://hollywoodtheatre.org/events/mr-smith-goes-to-washington/.

p. 266. “He lasted fifteen and a half hours” “Huey Long Filibusters.” U.S. Senate: Huey Long Filibusters, December 12, 2019. https://www.senate.gov/artandhistory/history/minute/Huey_Long_Filibusters.htm.

p. 266. “For days before his speech, he subjected himself to dehydrating steam baths.” Memmott, Mark. “How Did Strom Thurmond Last Through His 24-Hour Filibuster?” NPR. NPR, March 7, 2013. https://www.npr.org/sections/thetwo-way/2013/03/07/173736882/how-did-strom-thurmond-last-through-his-24-hour-filibuster?fbclid=IwAR0Bu6zO4EvaAPla1QR41R3Q1TNKR2cLgqCFjNY_8rlKT2sH438HN69kX7M.

p. 267. “Thurmond officially lasted twenty-four hours and eighteen minutes, a record that stands today.” “Filibuster and Cloture.” U.S. Senate: Filibuster and Cloture, March 30, 2020. https://www.senate.gov/artandhistory/history/common/briefing/Filibuster_Cloture.htm.

p. 268. “She wrote a book on the filibuster in 1997, and one on gridlock in 2003” Binder, Sarah A., Mark Spindel, and Sarah A. Binder. “Sarah A. Binder.” Brookings. Brookings, September 27, 2019. https://www.brookings.edu/experts/sarah-a-binder/.

p. 268. “Wayne Morse, who in 1953 spoke for almost a full day to protest offshore drilling” “Wayne Morse Sets Filibuster Record.” U.S. Senate: Wayne Morse Sets Filibuster Record, December 12, 2019. https://www.cop.senate.gov/artandhistory/history/minute/Wayne_Morse_Sets_Filibuster_Record.htm.

p. 271. “beginning in 1979 and lasting until 2008” Dovere, Edward-Isaac. “Obama Names Paone as Senate Liaison.” POLITICO, December 20, 2014. https://www.politico.com/story/2014/12/obama-marty-paone-senate-liaison-113710.

p. 272. "During the 1970s, when the rules on ending debate were last rewritten, the majority party held an average of fifty-eight seats—just two shy of the number needed to break a filibuster." “Party Division.” U.S. Senate: Party Division, January 3, 2019. https://www.senate.gov/history/partydiv.htm.

p. 273. “punk rock legend Sid Vicious was born, grew up, joined the Sex Pistols, embarked on an ill-advised solo career, was arrested for his girlfriend’s murder, and died of a heroin overdose—all without ever seeing a Republican Senate majority.” Savage, Jon. “The Sex Pistols.” Encyclopædia Britannica. Encyclopædia Britannica, inc., March 27, 2020. https://www.britannica.com/topic/the-Sex-Pistols#ref912747.

p. 276. “Also, just two years earlier, Senate Republicans had chosen a brand-new leader” “Majority and Minority Leaders.” U.S. Senate: Majority and Minority Leaders, March 30, 2020. https://www.senate.gov/artandhistory/history/common/briefing/Majority_Minority_Leaders.htm.

p. 277. “the total amount of time either party has held a sixty-seat Senate majority is less than seven months.” Hulse, Carl. “What's So Super About a Supermajority?” The New York Times. The New York Times, July 2, 2009. https://www.nytimes.com/2009/07/02/us/politics/02cong.html.

p. 278. “It can’t touch Social Security.” “Budget Reconciliation: The Basics.” House Budget Committee Democrats, November 4, 2019. https://budget.house.gov/publications/fact-sheet/budget-reconciliation-basics.

p. 279. “Republican senators came within a single vote of using reconciliation to repeal Obamacare” Reynolds, Molly E. “Republicans Learn the Limits of Reconciliation with Failed ACA Repeal.” Brookings. Brookings, July 28, 2017. https://www.brookings.edu/blog/fixgov/2017/07/28/limits-of-reconciliation-and-failed-aca-repeal/.

p. 280. “‘Can’t get votes, END NOW!’ he wrote.” Trump, Donald J. “With the Ridiculous Filibuster Rule in the Senate, Republicans Need 60 Votes to Pass Legislation, Rather than 51. Can't Get Votes, END NOW!” Twitter. Twitter, September 15, 2017. https://twitter.com/realdonaldtrump/status/908640949605163010?lang=en.

p. 281. “defunding Planned Parenthood nationwide” Ollstein, Alice Miranda, Burgess Everett, Elana Schor, Heather Caygle, and Rachael Bade. “GOP Lawmakers' Reality: They Won't Cut Planned Parenthood.” POLITICO, December 2, 2018. https://www.politico.com/story/2018/12/02/gop-congress-planned-parenthood-1036942.

p. 291. “To maximize potential profits, it hired, and was hired by, Republicans and Democrats alike.” Bernstein, Adam. “Lobbyist, Lawyer Thomas H. Boggs Jr. Dead at 73.” The Washington Post. WP Company, September 15, 2014. https://www.washingtonpost.com/local/obituaries/lobbyist-lawyer-thomas-boggs-dead-73/2014/09/15/f3117e48-3ce9-11e4-b0ea-8141703bbf6f_story.html.

p. 295. “Perhaps most striking is this: since the early 2000s, the amount of money spent lobbying Congress has been larger than the budget for Congress itself.” Klein, Ezra. “Corporations Now Spend More Lobbying Congress than Taxpayers Spend Funding Congress.” Vox. Vox, April 20, 2015. https://www.vox.com/2015/4/20/8455235/congress-lobbying-money-statistic.

p. 297. “As late as 1953, eminent historian Daniel Boorstin could write the following about American ideology: ‘The tendency to abstract the principles of political life may sharpen issues for the political philosopher. It becomes idolatry when it provides statesmen or a people with a blueprint for their society. . . . One of the good fortunes of American civilization has been the happy coincidence of circumstances which has led us away from such idolatry.’” Boorstin, Daniel J. The Genius of American Politics. Chicago, IL: University of Chicago Press, 1958.

p. 298. “Founded in 1973, the Heritage Foundation was explicitly built to provide intellectual firepower for the conservative movement.” “About Heritage.” The Heritage Foundation. https://www.heritage.org/about-heritage/mission.

p. 300. “There are just 2.1 million today. During that time, the country kept adding people, so as a percentage of the population, the government workforce has been cut by about two-thirds.” “Federal Workforce.” Partnership for Public Service, September 2011. https://ourpublicservice.org/wp-content/uploads/2019/08/FedFigures_FY18-Workforce.pdf.

p. 300. “The total size of the federal workforce is larger when you count private contractors, but it’s hard to get data going back fifty years. Regardless, the size of this ‘blended’ workforce has grown by just 5 percent since 1984—about eight times slower than the population.” “Labor Force Projections to 2024: the Labor Force Is Growing, but Slowly : Monthly Labor Review.” U.S. Bureau of Labor Statistics. U.S. Bureau of Labor Statistics, December 1, 2015. https://www.bls.gov/opub/mlr/2015/article/labor-force-projections-to-2024.htm.

p. 301. “He also took the Government Accountability Office and the Congressional Research Service, nonpartisan organizations that function much like internal think tanks, and cut those by a third as well.” Lee Drutman, Steven M. Teles. “How Lobbyists Gain the Upper Hand Against Overworked Congressional Staff.” The Atlantic. Atlantic Media Company, March 10, 2015. https://www.theatlantic.com/politics/archive/2015/03/when-congress-cant-think-for-itself-it-turns-to-lobbyists/387295/.

pp. 306-307. “Reporters found that long-serving staffers were no more likely than newcomers to guess their constituents’ views correctly. didn’t matter whether the districts were represented by Democrats or Republicans, or whether they were considered electorally competitive or safe.” Hertel-Fernandez, Alexander, Matto Mildenberger, and Leah C. Stokes. “Legislative Staff and Representation in Congress.” American Political Science Review, November 8, 2018. https://doi.org/doi:10.1017/S0003055418000606.

p. 315. “In Singapore, for example, salaries for public officials are set at 60 percent of what they could earn outside government, meaning top ministers often make about $800,000 per year.” Wong, Chun Han, and Shibani Mahtani. “Singapore Leaders, Among Globe's Best Paid, Brace for Cuts.” The Wall Street Journal. Dow Jones & Company, January 5, 2012. https://www.wsj.com/articles/SB10001424052970203550304577139631914947006.

p. 318. “Jay Sekulow is one of the most influential conservative lawyers in America. These days, he’s probably best known for defending Donald Trump during the president’s impeachment trial.” Williamson, Elizabeth. “Trump's Other Personal Lawyer: Close to the Right, but Far From Giuliani.” The New York Times. The New York Times, December 1, 2019. https://www.nytimes.com/2019/12/01/us/politics/trump-sekulow-impeachment.html.

pp. 319-320. “On two occasions, Wilson found himself simultaneously a sitting judge on the nation’s highest court and an inmate in debtors’ prison. He died ducking creditors in 1798.” St. John, Gerard J. “James Wilson: A Forgotten Father.” The Philadelphia Lawyer - Articles. Accessed May 20, 2020. http://www.philadelphiabar.org/page/TPLWinter04JamesWilson?appNum=2.

p. 320. “If you visit the National Archives and examine the original copy of the document the Framers produced, you’ll even notice that the S in ‘Supreme Court’ isn’t capitalized.” “Constitution of the United States.” National Archives and Records Administration. National Archives and Records Administration. https://catalog.archives.gov/id/1667751.

p. 320. “Chief Justice John Marshall, appointed by President Adams in 1801 ‘John Marshall, 1801-1835.’” The Supreme Court Historical Society - Timeline of the Court - Chief Justice John Marshall. https://supremecourthistory.org/timeline_marshall.html.

p. 320. “Alexander Hamilton wrote about judicial review in the Federalist Papers.” “The Federalist Papers : No. 78.” The Avalon Project . https://avalon.law.yale.edu/18th_century/fed78.asp.

p. 320. “Justice James Wilson believed in judicial review as well, and probably would have brought it to the Court himself had he stayed in good health and out of debt.” “James Wilson.” Oyez. https://www.oyez.org/justices/james_wilson.

p. 320. “After overturning an act of Congress in Marbury v. Madison, the Marshall Court never overturned an act of Congress again. In fact, justices wouldn’t strike down another federal statute until the 1850s.” Witt, John Fabian. “The Operative.” The New Republic, January 7, 2019. https://newrepublic.com/article/152667/john-marshall-political-supreme-court-justice.

p. 321. “Andrew Jackson is said to have exclaimed, ‘John Marshall has made his decision. Now let him enforce it!’ In fact, the real sign of the Court’s weakness was that Jackson never said those words and never had to.” Boller, Paul F., and John H. George. They Never Said It: a Book of Fake Quotes, Misquotes, and Misleading Attributions. New York: Barnes & Noble, 1993.

p. 321. “The Constitution requires that we have a judicial branch, that it contain a Supreme Court, and that, once appointed, federal judges can serve until they retire or die. But that’s it. The number of Supreme Court justices, the number of lower courts, and the number of judges on those courts are all up to lawmakers to decide.” “Article III.” Legal Information Institute. Legal Information Institute.https://www.law.cornell.edu/constitution/articleiii.

p. 321. “With a two-thirds majority in the Senate, it can even impeach and remove a sitting judge.” Kaufman, Ellie. “How to Impeach a Supreme Court Justice.” CNN. Cable News Network, September 16, 2019. https://www.cnn.com/2019/09/16/politics/scotus-impeach/index.html.

p. 321. “Congress controls ‘appellate jurisdiction,’ the rules that decide which cases go to which courts.” Peck, Sarah Herman. “Congress’s Power over Courts: Jurisdiction Stripping and the Rule of Klein.” Congressional Research Service, August 9, 2018. https://fas.org/sgp/crs/misc/R44967.pdf.

p. 322. “In 1891, Congress willingly surrendered its authority over appellate jurisdiction, granting the Court the right to review any federal case it pleased.” “The Evarts Act: Creating the Modern Appellate Courts.” United States Courts. https://www.uscourts.gov/educational-resources/educational-activities/evarts-act-creating-modern-appellate-courts.

p. 322. “In 1925, justices were also given the right to refuse to hear any case they didn’t want to.” “Judiciary.” Legal Information Institute. Legal Information Institute. https://www.law.cornell.edu/wex/judiciary.

p. 323. “‘I could carve out of a banana a judge with more backbone than that,’ fumed Teddy Roosevelt after one of his choices, Oliver Wendell Holmes, ruled against him. ‘It isn’t so much that he’s a bad man,’ Harry Truman said of a similar disappointment, Justice Tom C. Clark. ‘It’s just that he’s such a dumb son of a bitch.*’” Purdum, Todd S. “Presidents, Picking Justices, Can Have Backfires.” The New York Times. The New York Times, July 5, 2005. https://www.nytimes.com/2005/07/05/politics/politicsspecial1/presidents-picking-justices-can-have-backfires.html.

p. 324. “As Abraham Lincoln rather bluntly put it, ‘We cannot ask a man what he will do, and if we should, and he should answer us, we should despise him for it.’” Purdum, Todd S. “Presidents, Picking Justices, Can Have Backfires.” The New York Times. The New York Times, July 5, 2005. https://www.nytimes.com/2005/07/05/politics/politicsspecial1/presidents-picking-justices-can-have-backfires.html.

p. 324. “current judges shouldn’t undo what past judges have already done.” “Stare Decisis.” Legal Information Institute. Legal Information Institute. https://www.law.cornell.edu/wex/stare_decisis.

p. 325. “If you were a senator, and someone from your state was nominated to be a judge, you could withhold a ‘blue slip,’ signaling your disapproval, and that person would not be confirmed.” Peck, Sarah Herman. “Congress’s Power over Courts: Jurisdiction Stripping and the Rule of Klein.” Congressional Research Service, August 9, 2018. https://fas.org/sgp/crs/misc/R44967.pdf.

p. 325. “Terry had seen his judicial career cut short after he shot and killed a sitting U.S. senator in a duel.” Pusey, Allen. “August 14, 1889: Justice Stephen Field Attacked.” ABA Journal, August 1, 2012. https://www.abajournal.com/magazine/article/august_14_1889_justice_stephen_field_attacked.

p. 325. “Hill’s divorce from her first husband got ugly, and a few months before their fateful train encounter, Justice Field ruled against Terry and his client-slash-bride in an important proceeding.” Pusey, Allen. “August 14, 1889: Justice Stephen Field Attacked.” ABA Journal, August 1, 2012. https://www.abajournal.com/magazine/article/august_14_1889_justice_stephen_field_attacked.

p. 326. “That’s how Stephen J. Field became the first and only Supreme Court justice ever arrested for murder. Soon after, he became the first and only Supreme Court justice acquitted on murder charges.” Sandefur, Timothy. “Happy Birthday, Stephen J. Field!” Pacific Legal Foundation. Pacific Legal Foundation, November 4, 2010. https://pacificlegal.org/happy-birthday-stephen-j-field/.

p. 326. “he is also the first and only person to become the tenth justice on the Supreme Court.” "Stephen J. Field." Oyez. https://www.oyez.org/justices/stephen_j_field.

p. 326. “And given that the Court’s chief justice was Roger Taney, who in 1857 had issued the infamous Dred Scott decision expanding slaveholders’ power, it was far from certain the Union would win.” “Dred Scott Case.” PBS. Public Broadcasting Service. https://www.pbs.org/wgbh/aia/part4/4h2933.html.

p. 327. “The Taney Court took the hint. In 1863, the justices found the war constitutional by a vote of 5–4.” “Prize Cases, 67 U.S. 635 (1862).” Justia Law. https://supreme.justia.com/cases/federal/us/67/635/.

p. 327. “Field helped establish a genre of pro-business legal thought known as ‘laissez-faire constitutionalism.’” “FIELD, STEPHEN JOHNSON.” Login: CQ Supreme Court Collection. https://library.cqpress.com/scc/document.php?id=bioenc-427-18166-979216.

pp. 327-328. “promising to reshape the relationship between Americans and government with his New Deal.” Leuchtenburg, William E. “Franklin D. Roosevelt: Campaigns and Elections.” Miller Center, August 1, 2017. https://millercenter.org/president/fdroosevelt/campaigns-and-elections.

p. 328. “Jeff Shesol is a former Bill Clinton speechwriter, syndicated cartoonist, and Rhodes scholar. He’s also a current appreciator of peaty scotch and a writer of popular history. Supreme Power, which he published in 2010, is his detailed and dramatic account of what became known as ‘the court-packing fight.’” Brinkley, Alan. “With Justices for All.” The New York Times. The New York Times, March 26, 2010. https://www.nytimes.com/2010/03/28/books/review/Brinkley-t.html.

p. 328. “Roosevelt tried to get Congress to expand the Supreme Court and fill new seats with loyal judges; he failed” Millhiser, Ian. “The Most Radical Democratic Plan to Fix the Supreme Court Yet.” Vox. Vox, January 31, 2020. https://www.vox.com/2020/1/31/21115114/court-packing-supreme-court-tom-steyer-mitch-mcconnell.

p. 329. “FDR insisted he was reforming the Court for purely logistical reasons” Brockell, Gillian. “Dear Democrats: FDR's Court-Packing Scheme Was a 'Humiliating' Defeat.” The Washington Post. WP Company, March 12, 2019. https://www.washingtonpost.com/history/2019/03/12/dear-democrats-fdrs-court-packing-scheme-was-humiliating-defeat/.

p. 329. “as one White House aide put it, ‘We have played a good hand badly.’” Shesol, Jeff. Supreme Power: Franklin Roosevelt vs. the Supreme Court. New York: W.W. Norton, 2011.

p. 329. “By the time Roosevelt died in office, he had picked eight of the Court’s nine justices.” “Justices 1789 to Present.” Home - Supreme Court of the United States. https://www.supremecourt.gov/about/members_text.aspx.

p. 330. “For most of the post–Civil War era, the Court had been staunchly conservative: enabling Jim Crow; siding with corporations over workers; refusing to intervene when democracy was being undermined.” “The Fuller Court, 1888-1910.” The Supreme Court Historical Society - The History of the Court - The Fuller Court, 1888-1910. Accessed May 20, 2020. https://supremecourthistory.org/timeline_court_fuller.html.

p. 330. “Now the Court went from impeding social and political trends to accelerating them. This was especially true during the period from 1953 to 1969, when the chief justice was a former California governor named Earl Warren.” “The Warren Court, 1953-1969.” The Supreme Court Historical Society - The History of the Court - The Warren Court, 1953-1969. https://supremecourthistory.org/timeline_court_warren.html.

p. 330. “it was responsible for Baker v. Carr and the slew of other cases that established One Person, One Vote” “The Warren Court, 1953-1969.” The Supreme Court Historical Society - The History of the Court - The Warren Court, 1953-1969. https://supremecourthistory.org/timeline_court_warren.html.

p. 330. “cops have to read you your rights when you’re arrested” “Miranda v. Arizona.” Oyez. https://www.oyez.org/cases/1965/759.

p. 330. “you’re entitled to a lawyer even if you can’t afford one” “The Warren Court, 1953-1969.” The Supreme Court Historical Society - The History of the Court - The Warren Court, 1953-1969. https://supremecourthistory.org/timeline_court_warren.html.

p. 330. “President Trump can’t frivolously sue the New York Times for defamation” Ford, Matt. “Conservatives' Coming War on the Warren Court.” The New Republic, March 4, 2019. https://newrepublic.com/article/153208/conservatives-coming-war-warren-court.

p. 330. “states can’t ban the sale of birth control” “Griswold v. Connecticut.” Oyez. https://www.oyez.org/cases/1964/496.

p. 330. “Black people and white people are allowed to marry each other” “Loving v. Virginia.” Oyez. Accessed May 21, 2020. https://www.oyez.org/cases/1966/395.

p. 330. “Fred Koch, father of Charles and David, once wrote, ‘If many of the opinions of the Warren Supreme Court had been written in the Kremlin they could not have served the Communist better.’” Schulman, Daniel. Sons of Wichita: How the Koch Brothers Became America's Most Powerful and Private Dynasty. New York, NY: Grand Central Publishing, 2015.

p. 331. “he wasn’t even close to a communist sympathizer.” Long, Edward R. “Earl Warren and the Politics of Anti-Communism.” Pacific Historical Review 51, no. 1 (1982): 51–70. https://doi.org/10.2307/3639820.

p. 331. “But Earl Warren mostly overturned state laws” “The Warren Court, 1953-1969.” The Supreme Court Historical Society - The History of the Court - The Warren Court, 1953-1969. https://supremecourthistory.org/timeline_court_warren.html.

p. 331. “The meet-cute took place in the lobby of a Key Biscayne hotel, on a summer Sunday in 1979” “Hear How Elizabeth Warren Met Her Husband.” MSN, December 9, 2019. https://www.msn.com/en-us/video/l/hear-how-elizabeth-warren-met-her-husband/vp-AAI4QQ0.

p. 332. “for seminars on ‘Law and Economics,’” Thompson, Alex, Jeremy B. White, Sam Sutton, Carly Sitrin, Bill Mahoney, and Josh Gerstein. “'Liz Was a Diehard Conservative'.” POLITICO Magazine, April 12, 2019. https://www.politico.com/magazine/story/2019/04/12/elizabeth-warren-profile-young-republican-2020-president-226613.

p. 332. “when making a legal decision, we should consider its economic impact.” Thompson, Alex, Jeremy B. White, Sam Sutton, Carly Sitrin, Bill Mahoney, and Josh Gerstein. “'Liz Was a Diehard Conservative'.” POLITICO Magazine, April 12, 2019. https://www.politico.com/magazine/story/2019/04/12/elizabeth-warren-profile-young-republican-2020-president-226613.

p. 332. “Jean Valjean is caught stealing a loaf of bread to feed his starving family and sentenced to five years in jail.” Martyris, Nina. “Let Them Eat Bread: The Theft That Helped Inspire 'Les Miserables'.” NPR. NPR, March 20, 2017. https://www.npr.org/sections/thesalt/2017/03/20/520459332/let-them-eat-bread-the-theft-that-helped-inspire-les-miserables.

p. 332. “For many years, in part because its conclusions were so strikingly amoral, Law and Economics was like Bob LeFevre’s Freedom School, relegated to the backwoods of American legal thought.” Thompson, Alex, Jeremy B. White, Sam Sutton, Carly Sitrin, Bill Mahoney, and Josh Gerstein. “'Liz Was a Diehard Conservative'.” POLITICO Magazine, April 12, 2019. https://www.politico.com/magazine/story/2019/04/12/elizabeth-warren-profile-young-republican-2020-president-226613.

pp. 332-333. “Olin was a fabulously rich manufacturer of arms and chemicals who, in 1973, devoted his family foundation to the conservative cause.” Waggoner, Walter H. “JOHN M. OLIN, EXECUTIVE AND PHILANTHROPIST, DIES.” The New York Times. The New York Times, September 10, 1982. https://www.nytimes.com/1982/09/10/obituaries/john-m-olin-executive-and-philanthropist-dies.html.

p. 333. “Olin spent a total of $68 million promoting L&E: partisan politics.” Thompson, Alex, Jeremy B. White, Sam Sutton, Carly Sitrin, Bill Mahoney, and Josh Gerstein. “'Liz Was a Diehard Conservative'.” POLITICO Magazine, April 12, 2019. https://www.politico.com/magazine/story/2019/04/12/elizabeth-warren-profile-young-republican-2020-president-226613.

p. 334. “the Society has grown into an association with 70,000 attorneys and an annual budget of $20 million” Tigas, Mike, Sisi Wei, Ken Schwencke, Brandon Roberts, and Alec Glassford. “FEDERALIST SOCIETY FOR LAW & PUBLIC POLICY STUDIES - Form Form 990 for Period Ending Sep 2018 - Nonprofit Explorer.” ProPublica, May 9, 2013. https://projects.propublica.org/nonprofits/display_990/363235550/05_2019_prefixes_34-36/363235550_201809_990_2019051016286746.

p. 335. “Lewis Powell and the Chamber of Commerce merged government with business” “POWELL MEMORANDUM: ATTACK ON AMERICAN FREE ENTERPRISE SYSTEM.” Washington & Lee University School of Law Scholarly Commons. Accessed May 21, 2020. https://scholarlycommons.law.wlu.edu/powellmemo/.

p. 336. “Barbara Smith, now a law professor at Washington University in St. Louis, describes the organization in rapturous terms.” “About Us.” The Federalist Society. https://fedsoc.org/about-us.

p. 336. “In the FedSoc view, the Constitution is fixed and knowable.” “About Us.” The Federalist Society. https://fedsoc.org/about-us.

p. 336. “Under guidance issued by the Reagan Department of Justice, federal lawyers were expected to follow the vision of the Constitution set forward by the administration, even if it conflicted with the one set forth by the courts.” Taylor, Stuart. “Excerpts from Speech, Page A22.” The New York Times. The New York Times, October 30, 1981. https://www.nytimes.com/1981/10/30/us/attorney-general-outlines-campaign-rein-courts-excerpts-speech-page-a22.html.

p. 337. “‘When faced with a demonstrably erroneous precedent, my rule is simple,’ he’s written. ‘We should not follow it.’” Stempel, Jonathan. “Justice Thomas Urges U.S. Supreme Court to Feel Free to Reverse Precedents.” Reuters. Thomson Reuters, June 18, 2019. https://www.reuters.com/article/us-usa-court-thomas/justice-thomas-urges-us-supreme-court-to-feel-free-to-reverse-precedents-idUSKCN1TI2KJ.

p. 337. “heard the voice of a prominent Republican on the Senate Judiciary Committee.” Langer, Emily. “Roger J. Miner, Federal Judge.” The Washington Post. WP Company, February 19, 2012. https://www.washingtonpost.com/national/roger-j-miner-federal-judge/2012/02/19/gIQAutQDOR_story.html.

p. 338. “To the judge’s credit, he passed Lincoln’s test. A Supreme Court seat is literally the job of a lifetime, but rather than promise to overturn Roe, Miner said he would decide each case on the merits.” Martin, Douglas. “Roger J. Miner, 77, Dies; Judge Valued Neutrality.” The New York Times. The New York Times, February 21, 2012. https://www.nytimes.com/2012/02/21/nyregion/roger-j-miner-judge-who-valued-neutrality-dies-at-77.html.

p. 339. “‘The first time I ever thought of being a judge was when Jimmy Carter announced to the world that he wanted to change the complexion of the U.S. judiciary,’ said Ruth Bader Ginsburg in 2015.” Alman, Ashley. “Ruth Bader Ginsburg Answers The One Question She Loves Being Asked.” HuffPost. HuffPost, September 9, 2015. https://www.huffpost.com/entry/ruth-bader-ginsburg-women-judges_n_55ba2cbfe4b095423d0df107.

p. 339. “‘Of course we discussed particular cases, real as well as hypothetical,’ said Grover Reese, a top Justice Department advisor at the time. ‘Otherwise, you’re settling for somebody’s slogans.’” “ABA Journal.” Google Books. Google, February 1, 1987. https://books.google.com/books?id=18AZJOghhXUC.

p. 340. “David Souter, whose thin judicial record made him easily confirmable, but who tacked sharply to the left once on the bench.” “David H. Souter.” Oyez. Accessed May 21, 2020. https://www.oyez.org/justices/david_h_souter.

p. 341. “a typical spot warned listeners that if Sam Alito were not confirmed to the Supreme Court, the war on Christmas would be lost forever” Kirkpatrick, David D. “Ads Portray Nominee as Protector of Christmas.” The New York Times. The New York Times, December 6, 2005. https://www.nytimes.com/2005/12/06/politics/politicsspecial1/ads-portray-nominee-as-protector-of-christmas.html.

p. 342. “Obama nominated Merrick Garland—as close to a true middle-of-the-road judge as you can imagine” Bravin, Jess, and Brent Kendall. “For Supreme Court Nominee Merrick Garland, Law Prevails Over Ideology.” The Wall Street Journal. Dow Jones & Company, March 16, 2016. https://www.wsj.com/articles/judge-garland-had-been-considered-for-seat-on-high-court-before-1458138973.

p. 342. “Ted Cruz proposed a new court-shrinking scheme to deny her the chance to fill any Court vacancies. ‘There is certainly long historical precedent for a Supreme Court with fewer justices,’ he said.” Weigel, David. “Cruz Says There's Precedent for Keeping Ninth Supreme Court Seat Empty.” The Washington Post. WP Company, October 26, 2016. https://www.washingtonpost.com/news/post-politics/wp/2016/10/26/cruz-says-theres-precedent-for-keeping-ninth-supreme-court-seat-empty/.

p. 343. “‘In my first day,’ President Trump recalled, ‘I said to one of our assistants, “How many judges do I have to pick? How many are there?” And I figured I’d hear none or one, maybe two. They said, “Sir, you have 142.”’” “Remarks by President Trump on Federal Judicial Confirmation Milestones.” The White House. The United States Government, November 6, 2019. https://www.whitehouse.gov/briefings-statements/remarks-president-trump-federal-judicial-confirmation-milestones/.

p. 343. “He slashed the amount of debate time required for nominees from thirty hours to just two.” Hulse, Carl. “In Altering Debate Time, Senate Steadily Hands Reins to Majority Party.” The New York Times. The New York Times, April 4, 2019. https://www.nytimes.com/2019/04/04/us/politics/senate-nuclear-option.html.

p. 343. “He’s now a judge on the Eighth Circuit.” “United States Court of Appeals.” Judge Kobes | Eighth Circuit | United States Court of Appeals. https://www.ca8.uscourts.gov/judge-kobes.

p. 344. “According to the White House website, among the president’s accomplishments is ‘flipping the United States Court of Appeals for the Third Circuit from a Democrat-appointed majority to a Republican-appointed majority . . . The Second and Eleventh Circuits are likely to flip by the end of this year.’” “President Donald J. Trump Is Appointing a Historic Number of Federal Judges to Uphold Our Constitution as Written.” The White House. The United States Government. https://www.whitehouse.gov/briefings-statements/president-donald-j-trump-appointing-historic-number-federal-judges-uphold-constitution-written/.

p. 345. “‘We have flipped the Second Circuit, the Third circuit, and we will flip the Eleventh Circuit!’ McConnell declared to applause at the Federalist Society’s annual black-tie dinner.” Blackman, Josh. “.@Senatemajldr: The Most Consequential Decision I Made Was My Decision Not to Let President Obama Fill Justice Scalia's Seat. Pic.twitter.com/cKXjiN9IBJ.” Twitter. Twitter, November 15, 2019. https://twitter.com/JoshMBlackman/status/1195145714084581376.

p. 345. “the ones where he blamed sexual assault allegations against him on the Clintons” Birnbaum, Emily. “Kavanaugh Says He's Victim of 'Revenge on Behalf of the Clintons'.” TheHill, September 27, 2018. https://thehill.com/homenews/senate/408821-kavanaugh-says-hes-victim-of-revenge-on-behalf-of-the-clintons.

p. 345. “until 2018, was the court’s swing vote.” Barnes, Robert. “Justice Kennedy, the Pivotal Swing Vote on the Supreme Court, Announces His Retirement.” The Washington Post. WP Company, June 28, 2018. https://www.washingtonpost.com/politics/courts_law/justice-kennedy-the-pivotal-swing-vote-on-the-supreme-court-announces-retirement/2018/06/27/a40a8c64-5932-11e7-a204-ad706461fa4f_story.html.

pp. 346-347. “President Bush was declared the winner of the 2000 election thanks to a 5–4 Court decision.” The Editors of Encyclopaedia Britannica. “Bush v. Gore.” Encyclopædia Britannica. Encyclopædia Britannica, inc., December 5, 2019. https://www.britannica.com/event/Bush-v-Gore.

p. 348. “Supreme Court justices are exempt from the same ethics rules that apply to every other federal judge.” Bravin, Jess. “Supreme Court Justices Are Exempt From Ethics Review, Panel Finds.” The Wall Street Journal. Dow Jones & Company, August 1, 2019. https://www.wsj.com/articles/supreme-court-justices-are-exempt-from-ethics-review-panel-finds-11564699756.

p. 351. “In 2017, Steven G. Calabresi, a founding member of the Federalist Society, argued that Republicans should increase the total number of seats by a third” Calabresi, Steven G. “Republicans Should Expand the Federal Courts.” National Review. National Review, November 16, 2017. https://www.nationalreview.com/2017/11/gop-tax-bill-should-expand-federal-courts/.

p. 351. “As it also happened, Calabresi’s plan called for President Trump to fill all the new seats himself” Calabresi, Steven G. “Republicans Should Expand the Federal Courts.” National Review. National Review, November 16, 2017. https://www.nationalreview.com/2017/11/gop-tax-bill-should-expand-federal-courts/.