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Mollie Ziegler Hemingway

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Justice on Trial: The Kavanaugh Confirmation and the Future of the Supreme Court Hardcover – July 9, 2019

by Mollie Hemingway (Author), Carrie Severino (Author)

4.8 2,789 ratings

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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.

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#1 Publisher’s Weekly, Hardcover Nonfiction

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#2 WSJ Nonfiction combined print and ebooks

#2 Wall Street Journal Best-Sellers, Hardcover Nonfiction

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#3 USA Today, Overall Books

“It is to be hoped that this fine, even-handed book will help to bring an end to the political savagery that has characterized all too many Supreme Court confirmation hearings.” -- MARY ANN GLENDON, Learned Hand Professor of Law, Harvard University

“Justice on Trial reads like a John Grisham novel, filled with intrigue and well-paced plot development that’s a roller-coaster ride even if we know how it ends. This is destined to become the definitive account of a crucial episode in American life.” -- ILYA SHAPIRO, Cato Institute

“A riveting inside look at the nasty politics of character assassination that have plagued the confirmation process going back to my father, Robert H. Bork.” -- ROBERT H. BORK JR., president, Bork Communication Group

“Even if you closely followed the confirmation hearings, you will learn a lot from this real-life legal thriller.” -- JOSH BLACKMAN, South Texas College of Law, author of Unraveled

“An amazingly well-sourced, behind-the-scenes chronicle of a Supreme Court nomination process that became a national circus. Everyone concerned with how broken the judicial confirmation process has become needs to read this riveting blow-by-blow account.” -- RANDY E. BARNETT, Georgetown Law School, author of Our Republican Constitution

“The authors’ deep knowledge of the players and the constitutional stakes shines throughout the book and makes for a thrilling and revealing read.” -- EDWIN MEESE III, 75th U.S. Attorney General

"[A] brand new smash book with enormous amounts of actual real reporting, interviews, behind-the-scenes fact-digging and analysis… You won’t get it anywhere else unless you get this book.” -- Laura Ingraham, Fox News

About the Author

Mollie Hemingway, one of America's most respected journalists, is a senior editor at The Federalist, a contributor to Fox News, and the co-author of the #1 national bestseller Justice on Trial: The Kavanaugh Confirmation and the Future of the Supreme Court. Her work has appeared in the Wall Street Journal, USA Today, the Washington Post, and many other outlets.

Product details

Publisher ‏ : ‎ Regnery; First Edition (July 9, 2019)
Language ‏ : ‎ English
Hardcover ‏ : ‎ 375 pages
ISBN-10 ‏ : ‎ 1621579832
ISBN-13 ‏ : ‎ 978-1621579830
Item Weight ‏ : ‎ 1.35 pounds
Dimensions ‏ : ‎ 6 x 1.3 x 9 inches

Best Sellers Rank: #569,738 in Books (See Top 100 in Books)
- #177 in United States Judicial Branch
- #785 in United States National Government
- #1,334 in Political Conservatism & Liberalism

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4.8 2,789 ratings

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Customers find the book easy to read and engaging. It provides a well-researched and insightful account of the Kavanaugh nomination process. The story is described as fascinating and informative. The writing style is described as clear and easy to follow. Readers appreciate the eye-opening look into the work that goes into the confirmation of a Supreme Court justice. They find the details easy to understand and compile.

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Readability Research quality Story quality Writing quality Look Comprehension Accuracy Pacing

288 customers mention "Readability"278 positive10 negative

Customers find the book engaging and well-written. They say it reads like a compelling novel, with strong plot arcs and impressive dramatis. The book provides an inside look at history and is well-sourced.

"...There are strong plot arcs, an impressive and fascinating set of dramatis personae and a swamp-like setting in which horrendous materials and..." Read more

"...was an excellent overview of recent history in our country - well worth the time...." Read more

"...it’s fair to say, “Justice on Trial” is a riveting, enthralling book...." Read more

"...It is an excellent book." Read more

279 customers mention "Research quality"274 positive5 negative

Customers appreciate the book's research quality. They find it insightful and informative, offering remarkable inside information into Justice Kavanaugh's Supreme Court career. The book explores the nitty-gritty details of how you fight a confirmation contest. It includes interesting anecdotes and is recommended as a necessary ingredient for an informed opinion. The account is thoroughly documented and leaves very little out. Readers appreciate the accurate compilation of key elements, bookended by a background on the subject matter.

"...It includes interesting anecdotes (Chief Justice Roberts' behind-the-scenes deal to label the Obamacare 'individual mandate' a 'tax') but stops..." Read more

"...This straight forward style made the book easy to read. The book was well researched...." Read more

"...hearings at the time, and here in one place is an accurate compilation of the key elements, bookended by a background on vituperative judicial..." Read more

"...But throughout the text, the subject matter is of the highest importance...." Read more

170 customers mention "Story quality"150 positive20 negative

Customers find the book's story fascinating and an excellent refresher of the events surrounding the Kavanaugh hearings. They appreciate the backstory and recent history from previous hearings. The book reads like fiction with intrigue, deception, and calculated battlefield maneuvering. It provides much-needed order and context to a situation that was truly a circle.

"...There are strong plot arcs, an impressive and fascinating set of dramatis personae and a swamp-like setting in which horrendous materials and..." Read more

"This was an excellent overview of recent history in our country - well worth the time...." Read more

"...It’s the best political book I’ve read since “Game Change” and "Shattered."..." Read more

"...It’s fascinating. I’m better informed having read this. And I understand judicial philosophy far more...." Read more

149 customers mention "Writing quality"147 positive2 negative

Customers find the book well-written and easy to read. They appreciate the clear presentation of the facts and events behind the nomination process. The book keeps readers interested with its engaging writing style and straightforward organization of information.

"...It is conservative in the sense that the best of conservative news is so—in its inclusion of things that are commonly suppressed...." Read more

"...I like how the book was laid out. So clear. For example, near the end the authors list 5 reasons the Justice Kavanaugh nomination was successful...." Read more

"...The book reads like a diary, covering the preparation of a list of prospective nominees; interviews; preparation sessions; document reviews;..." Read more

"...drama, and you want the well sourced actual truth, that is extremely well written, this is the book for you...." Read more

26 customers mention "Look"26 positive0 negative

Customers find the book insightful and well-researched. They appreciate the detailed account of the confirmation process, describing it as a beautiful piece of nonfiction.

"...styles are brilliant in getting the story right, adding marvelously delicious detail...." Read more

"...Lastly I just want to say that my admiration for the super-smart, classy and dignified Molly Hemingway was my number one reason for wanting to read..." Read more

"Fascinating behind the scenes look at the bloodiest Supreme Court nomination battle in history...." Read more

"An interesting look into what happened behind the scenes leading up to Brett Kavanaugh’s confirmation as a Supreme Court justice...." Read more

25 customers mention "Comprehension"21 positive4 negative

Customers find the book easy to follow and understand. It provides a comprehensive overview of the confirmation process in a clear, concise style. The detailed documentation and straightforward writing make it easy to follow the details.

"...The documentation is extensive and the book includes a simple index...." Read more

"...They simply numbered 5 succinct points. This straight forward style made the book easy to read. The book was well researched...." Read more

"This 306-page book is a detailed account of the process by which Judge Brett Kavanaugh was appointed as an associate justice of the Supreme Court of..." Read more

"This book is riveting. It is detailed, thorough, and compiles and details the facts of the Kavanaugh nomination and battle in an extraordinary way...." Read more

24 customers mention "Accuracy"24 positive0 negative

Customers find the book accurate and fair. It provides a detailed account of Justice Kavanaugh's journey to the court and his confirmation process. They appreciate the background on previous confirmation processes and how we got to where we are today.

"...no exculpatory reporting throughout the hearings rings true and accurate. The reporting is thorough...." Read more

"...Also, there are frequent flashbacks to past confirmation hearings for Robert Bork, Ruth Bader Ginsburg, Neil Gorsuch, Antonin Scalia and Clarence..." Read more

"...Also LOVED all the history on previous confirmation processes and how we got to where we are today." Read more

"...book retells the story of the Kavanaugh appointment and confirmation process in great detail...." Read more

23 customers mention "Pacing"14 positive9 negative

Customers have different views on the pacing of the book. Some find it riveting and informative with good research and interviews. Others feel it's disturbing and dangerous, portraying the left as dangerous and wanting to destroy the country.

"...by two conservatives, it’s fair to say, “Justice on Trial” is a riveting, enthralling book...." Read more

"...They just stayed too one-sided. BOTTOM LINE..." Read more

"..." Mollie Hemingway and Carrie Severino have written a book that is riveting, highly informative and important...." Read more

"This book is riveting. It is detailed, thorough, and compiles and details the facts of the Kavanaugh nomination and battle in an extraordinary way...." Read more

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Richard B. Schwartz
#1 on Amazon.com for good reason
Reviewed in the United States on July 13, 2019
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This is a superb book on the Kavanaugh confirmation and its significance for American society. If Journalism is the first draft of history this is as close as we are likely to get to a final draft, given the information available at this time. The book reads as narrative history, not a pastiche of ephemeral material, stitched together for a quick publication. It places the Kavanaugh confirmation in larger historical contexts and it leverages all of the strengths of contemporary fiction. There are strong plot arcs, an impressive and fascinating set of dramatis personae and a swamp-like setting in which horrendous materials and activities bubble to the surface. Note that I served as graduate dean at Georgetown for 17 years and I can attest to the accuracy of the portrayal of the setting (including the portrayal of such individuals as one of Professor Ford's attorneys, with whom I had several dealings).

While the book is co-authored the narrative is seamless. It is not as if MH is covering the journalistic details and CS the legal details. The book is 'conservative' in its outlook but it is not a screed. It is conservative in the sense that the best of conservative news is so—in its inclusion of things that are commonly suppressed. It includes interesting anecdotes (Chief Justice Roberts' behind-the-scenes deal to label the Obamacare 'individual mandate' a 'tax') but stops short of the salacious, revealing, for example, that Christine Blasey Ford was known as a hard drinker in high school. The absolutely vicious pressures exerted against Senator Collins and her staff are detailed (ricin and anthrax threats, the late night confrontation with the Senator at her home with an individual claiming to be a reporter, a caller threatening a staff member and expressing the wish that she be raped and impregnated). Senator Collins is one of the principal heroines of the narrative.

The basic elements of the story are anchored in contemporary reportage and interviews with more than a hundred individuals (including the president and Justice Kavanaugh), some more than ten hours in length. The documentation is extensive and the book includes a simple index. Some of the important though 'explicit' material is to be found in the footnotes, thus preserving the book's authenticity without making it a lurid read.

This is one of the best political books of recent memory; I can see why it is an Amazon.com #1 book in multiple categories.

Note that Carrie Severino is chief counsel and policy director for the Judicial Crisis Network, an organization that supports the appointment of originalist justices. While this may have tempted her to indulge in special-pleading it also gave her access to unique information that could contribute materially to the narrative. Note that she holds a law degree from Harvard and that she clerked for Justice Clarence Thomas. I have read and reviewed Mollie Hemingway's brief 'broadside', Trump vs. the Media; Justice on Trial is a substantial book , one of a completely different order. Without criticizing her broadside, I hope that she will continue to write books such as Justice on Trial, since she has here demonstrated her ability to do so with great effectiveness.

Highly recommended.

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A New One
Fascinating Behind the Scenes Look at Recent History
Reviewed in the United States on July 15, 2019
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This was an excellent overview of recent history in our country - well worth the time.

Like most people, I suspect, I only managed to catch bits and pieces of the Kavanaugh events while they were unfolding. With no time to watch congressional hearings or the news, I got my information from stealing 15 minutes here and there to read tweets and articles a few times a week. So I only knew bits and pieces.

I learned much of what happened for the first time from the book itself. For instance, I wasn't aware there were so many women who made claims against Kavanaugh until I read the book. But even with a limited impression, I knew something momentous and historical had taken place. So I was glad to have the book to put it in perspective and understand it better.

The most illuminating thing I learned was how many people -- friends of Kavanaugh, colleagues, school chums and organizations -- were involved behind the scenes through the nomination process. I had no idea so many people would come together on a nomination.

Politics can be ugly as this episode shows. And the book unwittingly reveals the swampiness of Washington -- on both sides of the aisle. There were far too many insiders who all seemed to know one another through their exclusive schools and employment, going back decades, merely proving in the eyes of most Americans that the swamp needs draining worse than ever. Still, knowing how many people volunteered their time was reassuring about human nature.

I like how the book was laid out. So clear. For example, near the end the authors list 5 reasons the Justice Kavanaugh nomination was successful. They simply numbered 5 succinct points. This straight forward style made the book easy to read. The book was well researched. In fact, at times the detail was so much it bordered on overwhelming. But the authors always managed to stop short before boredom set in.

Definitely give this book a read!

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smp1987
Fascinating and informative!
Reviewed in Canada on February 23, 2021
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As a Canadian who has always had an interest in American history and politics I was excited to read this book. I was not disappointed and read it over 2 days. I watched the Brett Kavanaugh confirmation hearings with great interest. Even before the 11th hour sexual misconduct allegations, the ugliness of the process was obvious. Everything that came after the allegation was almost beyond belief. Among my own circle of friends and family it became clear that many women who had experienced sexual harassment/abuse in their own lives seemed to automatically believe Christine Blasey-Ford. It was almost as though Brett Kavanaugh was viewed as someone that could be sacrificed at the alter of the #metoo - regardless of truth or evidence - because he served as a proxy for women who were unable to get justice for their own assaults - and because he was nominated by a President who was reviled by the media and people on the left. The mantra on CNN and MSNBC was that “there’s never just one” victim with people like this - clearly begging other women to come forward and make an allegation. Sure enough the Ramirez and then then Swetnick allegations materialized. Reading about the behind the scenes machinations that resulted in all of these allegations is both fascinating and a little sickening. Reading about the pressure exerted on Leland Keyser to support Blasey-Ford and on Yale classmates to publicly support Ramirez - despite having either no memory to support their respective allegations (and in some cases information that would in fact have discredited the allegations) is shameful. That the media reported everything negative they could find on Kavanaugh’s high school and college years - no matter how flimsy and/or immaterial - and ignored everything that would have called into question the veracity of the allegations by his accusers should be considered truly frightening by anyone who stills cares about fairness. For these people the ends clearly justify the means - even if the result is the ruin of a good man’s life. I will seek out anything by the authors of Justice on Trial, Mollie Hemingway and Carrie Severino.

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O. G. M. Morgan
The Kavanaugh confirmation hearings: a shocking indictment of American politics.
Reviewed in the United Kingdom on August 28, 2019
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This is an excellently written study of the abominable treatment of Brett Kavanaugh. Smarting from the Republicans' refusal to endorse Merrick Garland as a United States Supreme Court Justice and from the successful promotion of Neil Gorsuch, the Left in the United States really wanted to block any further Republican nomination - by any means.

I am not going to pretend that I believe in any way in the good faith of those who opposed Kavanaugh's confirmation. Just when that seemed about to proceed, Californian Senator Dianne Feinstein suddenly produced a letter on which, it transpired, she had been figuratively sitting for quite some time. The letter contained obscure allegations against Brett Kavanaugh from an academic at a California campus associated with left-wing causes (well, it's in California). The accusations involved events supposedly from when the accuser and Kavanaugh were both still at school. Everything about the claims was vague: date, location, even the basic circumstances. Witnesses were named, but none had any recollection of the purported events.

Yet it was the age of #metoo. The reputations of numerous prominent Democrats had been trashed and the party desperately needed to turn the problem into one for the Republicans. Despite her inability to produce any evidence whatever to support her claims, the accuser was "believed," even though her own untrustworthiness was clearly on display. She supposedly had a terror of flying, which she convolutedly ascribed to her mythical experience with Brett Kavanaugh. Luckily, this fear of aeroplanes didn't kick in when she went on holiday to Hawaii.

It is a flaw in the legal systems on both sides of the Atlantic, apparently, that multiple analogous allegations can be treated as mutually supportive, even when they provide no real support at all, in evidentiary terms. Several accusers now exploited this, as did the left-leaning media. The allegations against Kavanaugh started life as preposterous and went downhill from there, but there was no lack of appetite for them. As the authors point out, "...more than one thousand female Yale Law School graduates signed a letter supporting Kavanaugh's accusers." Nice to know those graduates at least learned, at vast expense, how to write their names, even if they remained a bit sketchy about that whole law thing.

Mollie Hemingway and Carrie Severino themselves are appropriately judicious, a quality that completely escaped Kavanaugh's antagonists. This very well written book never reads like a polemic, even if it's clear where the authors' sympathies lie. Kavanaugh's appointment was finally confirmed and, as a Supreme Court Justice (surprise, surprise), he has been boringly middle-of-the-road in his opinions.

(That has not, however, stopped the attacks on him. Democrats were plotting to impeach him before and all the way through his confirmation hearings and those threats have not stopped since then. In reality, it is unlikely that the Democrats will ever have enough Senate votes to secure impeachment, so Plan B seems to be to expand the numbers of Supreme Court Justices and pack it with people with left-of-centre opinions and no qualms about legislating from the bench.)

This book is quite a shocking illustration of the state of Washington DC politics today, but that is no reflection on the writers, who deserve every credit for their work.

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Mdm Lee
If Justice is on Trial, then everyone is On Trial
Reviewed in Singapore on November 30, 2022
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A Fair Account of what happened. With photos, and lengthy documentation.

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Reviewed in Australia on August 30, 2019
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John D. Booth
Engrossing
Reviewed in Canada on September 27, 2019
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I'm sure many will complain that this book is written by a couple of authors who are politically conservative and therefore sympathetic to Justice Kavanaugh. No doubt this is true, however the flip-side to this is that this has also gotten the authors unprecedented access to all the major players in the nomination process. There are a ton of insider tidbits and accounts that I don't think more politically hostile would have ever gotten. The authors spend a lot of time dealing with the media coverage of the confirmation process, showing the many instances where the dominant outlets like NYT, WaPo and CNN skewed their reporting to oppose Kavanaugh, often minimizing our outright ignoring facts which did not fit their preferred narrative.

This is a very comprehensive history of the confirmation battle, from the 2016 battle over Merrick Garland through to the final confirmation vote.

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5.0 out of 5 stars #1 on Amazon.com for good reason

5.0 out of 5 stars Fascinating Behind the Scenes Look at Recent History

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5.0 out of 5 stars Fascinating and informative!

5.0 out of 5 stars The Kavanaugh confirmation hearings: a shocking indictment of American politics.

3.0 out of 5 stars If Justice is on Trial, then everyone is On Trial

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5.0 out of 5 stars Engrossing

#1 on Amazon.com for good reason

Fascinating Behind the Scenes Look at Recent History

Fascinating and informative!

The Kavanaugh confirmation hearings: a shocking indictment of American politics.

If Justice is on Trial, then everyone is On Trial

images and videos more helpful than text alone.

Engrossing