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 http://www.mcclatchydc.com/201/story/16193.html.
EPILOGUE: THE STEPS—CLOSED
“It is rarely possible to say”: Richard A. Posner, “The Supreme Court 2004 Term—Foreword: A Political Court,” 119 Harvard Law Review 31(2005).
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PHOTO CREDITS
Grateful acknowledgment is given to the following for the photos in this book:
Photo 1
Mark Wilson/Getty Images
Photo 2 & 3
Win McNamee/Getty Images
Photo 4
Jason Reed/Reuters/Corbis
Photo 5
Jeffrey Markowitz/Corbis Sygma
Photo 6
Frank Franklin II/AP/Wide World Photos
Photo 7
Aynsley Floyd/AP/Wide World Photos
Photo 8
J. Scott Applewhite/AP/Wide World Photos
Photo 9
Paul Sancya/AP/Wide World Photos
Photo 10
Peter A. Smith
Photo 11
Kenneth Lambert/AP/Wide World Photos
Photo 12
Liu Jiansheng/AP/Wide World Photos
Photo 12 right.
Michael Kooren/REUTERS
Photo 13
Jason Reed/Reuters/Corbis
Photo 14
Kevin Lamarque/Reuters/Corbis
Photo 15
Ron Edmonds/AP/Wide World Photos
Photo 16
Charles Dharapak/AP/Wide World Photos
Photo 17
Dennis Cook/AP/Wide World Photos
Photo 18
Joe Raedle/Getty Images
Jeffrey Toobin
THE NINE
Jeffrey Toobin is a staff writer at The New Yorker, senior legal analyst at CNN, and the author of such bestsellers as Too Close to Call: The Thirty-Six-Day Battle to Decide the 2000 Election, A Vast Conspiracy: The Real Story of the Sex Scandal That Nearly Brought Down a President, and The Run of His Life: The People v. O. J. Simpson. He lives with his family in New York City.
www.jeffreytoobin.com
ALSO BY JEFFREY TOOBIN
Opening Arguments: A Young Lawyer’s First Case—United States v. Oliver North
The Run of His Life: The People v. O. J. Simpson
A Vast Conspiracy: The Real Story of the Sex Scandal That Nearly Brought Down a President
Too Close to Call: The Thirty-Six-Day Battle to Decide the 2000 Election
Praise for Jeffrey Toobin’s
THE NINE
Winner of the J. Anthony Lukas Book Prize for Excellence in Nonfiction
“The Nine not only provides a vivid narrative history of the Court’s recent history, but also gives the reader an intimate look at individual justices, showing how personality, judicial philosophy and personal alliances can inform decisions that have huge consequences for the entire country…. Driven by the author’s assured narrative voice, The Nine is as informative as it is fascinating, as insightful as it is readable.”
—Michiko Kakutani, The New York Times
“Every decade or so, an enterprising and intelligent outsider like Toobin can come along and shine a much-needed spotlight on the place…. The Nine is engaging, erudite, candid and accessible, often hard to put down. Toobin is a natural storyteller, and the stories he tells are gripping…. [He] writes about the court more fluidly and fluently than anyone.”
—David Margolick, The New York Times Book Review
“The Nine is the latest, and by far the best [book]…about the Supreme Court.”
—Nina Totenberg, NPR
“This is a remarkable, riveting book. So great are Toobin’s narrative skills that both the justices and their inner world are brought vividly to life.”
—Doris Kearns Goodwin
“[An] absorbing group profile…. [Toobin] deftly distills the issues and enlivens his narrative of the Court’s internal wranglings with sharp thumbnail sketches”
—Publishers Weekly
“A compelling look at the power and the politics behind the Supreme Court.”
—Booklist
“A major achievement, lucid and probing.”
—Bob Woodward
FIRST ANCHOR BOOKS EDITION, SEPTEMBER 2008
Copyright © 2007, 2008 by Jeffrey Toobin
All rights reserved. Published in the United States by Anchor Books, a division of Random House, Inc., New York, and in Canada by Random House of Canada Limited, Toronto. Originally published in hardcover in slightly different form in the United States by Doubleday, an imprint of The Doubleday Broadway Publishing Group, a division of Random House, Inc., New York, in 2007.
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Toobin, Jeffrey.
The nine : inside the secret world of the Supreme Court / Jeffrey Toobin.
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Includes bibliographical references.
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