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Confirmation Bias: Inside Washington's War Over the Supreme Court, from Scalia's Death to Justice Kavanaugh Hardcover – June 25, 2019
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“Entertaining and shrewd....Hulse is an expert guide through the machinations on Capitol Hill.” --New York Times Book Review
The Chief Washington Correspondent for the New York Times presents 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 thought and jurisprudence, Antonin Scalia cast an expansive shadow over the Supreme Court for three decades. His unexpected death in February 2016 created a vacancy that precipitated a pitched political fight. That battle would not only change the tilt of the court, but the course of American history. It would help decide a presidential election, fundamentally alter longstanding protocols of the United States 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 unprecedented move, the Republican-controlled Senate, led by 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.
Carl Hulse has spent more than thirty years covering the machinations of the beltway. In Confirmation Bias he tells the story of this history-making battle to control the Supreme 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 and developments.
Richly textured and deeply informative, Confirmation Bias provides much-needed context, revisiting the judicial wars of the past two decades to show how those conflicts have 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.
- Print length320 pages
- LanguageEnglish
- PublisherHarper
- Publication dateJune 25, 2019
- Dimensions6 x 1.07 x 9 inches
- ISBN-10006286291X
- ISBN-13978-0062862914
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Editorial Reviews
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“Entertaining and shrewd....Hulse is an expert guide through the machinations on Capitol Hill.” — New York Times Book Review
“Carl Hulse has produced an engrossing take on America’s judicial wars…essential reading…[Hulse] fills his book with interviews and history, which people readily share…Confirmation Bias…gets the story right, however disconcerting it may be.” — The Guardian
“A gripping tale of insider Washington with implications far beyond the capital and far beyond our own time.” — Boston Globe
“The book is 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 at the White House. Hulse, a New York Times correspondent, probes moments of escalation over the years and the backroom machinations of the Trump strategy now transforming the courts and the law. Inevitably, he covers previously reported ground, but Confirmation Bias is an important guide at this crucial time for the stature of America’s judiciary.” — Washington Post
“The book sheds light on the events of the past two years.” — San Francisco Chronicle
From the Back Cover
From the chief Washington correspondent for the New York Times, a richly detailed, news-breaking look at the unprecedented political fight over Antonin Scalia’s Supreme Court vacancy and the seemingly irreversible dysfunction it triggered across all three branches in the nation’s capital—ultimately delivering us Trump, Gorsuch, and Kavanaugh
The embodiment of American conservative thought and jurisprudence, Antonin Scalia cast an expansive shadow over the Supreme Court for three decades. His death at a Texas hunting resort in February 2016 created a dilemma for Republican leadership faced with the prospect of yet another Obama Supreme Court nominee, this time one who could tip the ideological balance of the court and alter the course of American history.
In Confirmation Bias, Carl Hulse tells an exclusive account of the rush of events following Scalia’s death, including Mitch McConnell’s extraordinary snap decision to deny President Obama’s nominee so much as a hearing, let alone a vote. The author recounts the unsuccessful Democratic effort to break the Republican blockade on behalf of Merrick Garland, a failure that allowed Donald Trump to exploit the vacancy to entice evangelicals and other leery Republicans to rally support and deliver him the presidency.
Newly empowered, Trump and his White House counsel Donald F. McGahn II moved quickly to install Neil Gorsuch on the court. The plan from the start was to have a second judge with a Republican pedigree—Brett Kavanaugh—join Gorsuch at the first opportunity in order to cement a majority conservative bloc. Aided by McConnell and the willingness of Republicans to bend Senate practices, the new administration set out to remake not only the Supreme Court, but the lower courts as well, further roiling the Senate and threatening public confidence in the federal judiciary.
With unrivaled access to figures on both sides of the aisle, Hulse revisits the judicial wars of the past twenty years to show how those conflicts have led to our current polarization and resulted in not one but two Trump-nominated conservative justices who could be serving for decades. Confirmation Bias is a prodigious look inside the bitter judicial politics that have torn apart the Senate and transformed the modern Supreme Court from an institution that is supposed to rise above partisanship into one that is increasingly an extension of it.
History will show, argues Hulse, that Scalia’s death and the ugly battles fought in its wake represent an inflection point in American politics, changing the trajectory of three vital arms of our government—the Senate, the presidency, and the Supreme Court—in ways McConnell could not have envisioned that night in 2016.About the Author
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- Publisher : Harper (June 25, 2019)
- Language : English
- Hardcover : 320 pages
- ISBN-10 : 006286291X
- ISBN-13 : 978-0062862914
- Item Weight : 1.07 pounds
- Dimensions : 6 x 1.07 x 9 inches
- Best Sellers Rank: #1,778,562 in Books (See Top 100 in Books)
- #538 in United States Judicial Branch
- #2,131 in United States National Government
- #65,339 in United States History (Books)
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Other aspects also stand out. Covering the entire span of developments from Garland to Kavanaugh allows the reader to see how practices and strategies develop over time, which is much more effective than a series of individual studies on particular nominations. For example, tracing the continuing involvement of the Federalist Society helps illuminate its critical influence. The author's extensive and intensive examination of the Kavanaugh nomination is probably the best account I have read. Likewise, his unfolding of Senate developments such as ending the judicial filibuster and phasing out of the blue slips process discloses how partisan political considerations have invaded the judicial selection process.
There are two points where I disagree with the otherwise outstanding analysis. It is a mistake to argue that the era of judicial confirmation hi-jinx we have been subjected to began with Judge Bork in 1987. Rather, it is more correct to point to Abe Fortas' rejected confirmation as Chief Justice in 1968 at the same time Nixon was running for President. This is demonstrated in Laura Kalman's definitive bio of Fortas, as well as in Michael Bobelian's new book, "Battle for the Marble Palace." I was also surprised that the author did not discuss one of my favorite theories regarding our recent painful judicial selections: part of the blame goes to the federal courts themselves for intruding increasingly into many controversial areas thereby making judicial appointments seem far more critical than in the past.
The last couple of chapters allow the author to sum up his conclusions and concerns about where we go from here. How thorough can the Senate "advise and consent" process be when on occasion 40 nominations have been sent to the floor at the same time? So this is a book that not only tells the reader what has happened but prompts the readers to ask themselves where do we go from here? An extremely valuable addition to the literature on judicial confirmations.
Unfortunately, most may not understand that 2020 has more consequences than ever, as the 2020 census will result in a lot of changes. Most significant of these will be, the redistricting of congressional and senatorial districts in every state. Which ultimately leads to allocation of funding (technical a joke because the USA is in hock to China over our heads), and a domino effect in voting regarding immigration, and other examples pro-socialist agendas of forgiving student loans, free college, free, free, free ... (meaning tax payers - like you and I - will pay for everything). I don't know about you but I paid for my student loan, and other taxes that I don't benefit from. If you want to make an informed decision before you vote in the 2020 election, this is one book you should read.
This affects our national judgment on every issue that matters, and virtually ensures that the divisions in the United States today will continue unless it changes.
It no place is that more vivid than how Congress, first then Democrats, then the Republicans, changed the process for approving judges. Under the old rules, a judge needed to have 60 votes to avoid a filibuster. This, Hulse notes in great detail, meant that judges had to win over at least a few members of the opposition party. That., in turn, meant that a president had to select a judicial nominee with broad appeal.
It is quaint now to think that think that Chief Justice John Roberts was confirmed the votes of 78 senators, a margin unthinkable in today's Washington.
Hulse, relying on interviews with the most important stakeholders in the process, writes a compelling narrative about how the Senate got to this place, and he is unsparing in noting that both parties are complicit in allowing it to happen.
The book is face-paced and lively, and has the kind of flyspecking detail that only a respected author can obtain. He delivers the real inside story of how the Trump Administration put together a list of Supreme Court candidates, then helped to ram through procedural changes to make sure that the president's nominee could win a seat on the highest court with only partisan votes if needed.
When, years from now, others reflect on this period, they can look to Confirmation Bias as a valuable roadmap on the the path to civic decline.






