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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 2,783 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.

Print length

375 pages
Language

English
Publisher

Regnery
Publication date

July 9, 2019
Dimensions

6 x 1.3 x 9 inches
ISBN-10

1621579832
ISBN-13

978-1621579830
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Editorial Reviews

Review

#1 Publisher’s Weekly, Hardcover Nonfiction

#1 Amazon Best-Sellers, Nonfiction

#1 WSJ Nonfiction eBooks

#2 WSJ Nonfiction combined print and ebooks

#2 Wall Street Journal Best-Sellers, Hardcover Nonfiction

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“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: #167,912 in Books (See Top 100 in Books)
- #46 in U.S.Congresses, Senates & Legislative
- #63 in United States Judicial Branch
- #558 in Political Conservatism & Liberalism

Customer Reviews:
4.8 2,783 ratings

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Customer reviews

2,783 global ratings

How customer reviews and ratings work

Customers say

Customers find the book thoughtful, entertaining, and insightful into the judicial appointment process. They also say the authors provide an in-depth, researched account with timeless lessons about courage, honor, and standing up for what's right. Readers describe the narrative style as honest, riveting, and difficult to put down. Opinions differ on the plot complexity, with some finding it exciting and informative, while others say it's hard to read.

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Content Writing style Political content Narrative style Evidence Reading pace Plot complexity

268 customers mention "Content"261 positive7 negative

Customers find the book's content in-depth, readable, and accurate. They also say it's a necessary ingredient for an informed opinion, and a great book with timeless lessons about courage, honor, and standing up for what's right.

"...All in all, this is an in-depth analysis of not only the Kavanaugh hearings and confirmation but it goes back in our history to other Supreme Court..." Read more

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

"...and policy director for the Judicial Crisis Network, provide an in-depth researched and highly readable account of the nomination, hearings, and..." 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

178 customers mention "Writing style"178 positive0 negative

Customers find the writing style extremely well written, clear, and hard-hitting. They also say the book reads like a thriller with no boring, tired, dry passages. Readers describe the speech as powerful and moving. They say the 306-page book is a detailed account of the process by Judge Brett Kavanaugh and is riveting, enthralling, and difficult to put down.

"...It is well-written and I believe a most honest presentation of the events leading up to the confirmation of Brett Kavanaugh...." Read more

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

"...While they reflect a conservative viewpoint, the authors are surprisingly fair, acknowledging missteps, exaggerations, and blatant lies on both sides..." Read more

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

35 customers mention "Political content"29 positive6 negative

Customers find the book thoughtful, fascinating, and helpful. They also say it raises very important issues about due process and the judicial appointment process. Customers also describe the book as entertaining and a great book by a conservative writer.

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

"...This book details all the dirt that was thrown. Remembering what happened, the hearing with Dr. Blasey-Ford was especially interesting to recall...." Read more

"...A story of valor, angst, and tremendous passion for what is right, played out like a Frank Capra cinematic allegory...." Read more

"Excellent! A well written and fascinating look inside the political gamesmanship and shockingly bad conduct of Democrats and leftwing interest..." Read more

17 customers mention "Narrative style"17 positive0 negative

Customers find the narrative style honest, insightful, and great. They also say the authors are credible and tell the truth. Readers also mention that the book presents a balanced view of the judicial approval.

"...It is well-written and I believe a most honest presentation of the events leading up to the confirmation of Brett Kavanaugh...." Read more

"...The latter is a different type of book, more autobiographical and extremely powerful...." Read more

"...-class reporters (with apparently unlimited access), they are great storytellers, too, and do a great job explaining the context and history of this..." Read more

"...Molly Hemingway is one of the most informed and insightful journalists reporting on current events in our capitol...." Read more

16 customers mention "Evidence"12 positive4 negative

Customers find the evidence in the book accurate, well-written, and balanced.

"Great job to Mollie and Carrie. This is a detailed and sourced & accurate account of Justice Kavanaugh 's journey to the court...." Read more

"I teach constitutional law and can verify this work is excellent in not only accurately and in minute detail telling how a decent man was wrongly..." Read more

"...These claims were ultimately rejected for lack of credible evidence despite the insistence of opponents of the nomination that several female..." Read more

"Informative. Historical. Balanced. Well-sourced. Eye opening...." Read more

13 customers mention "Reading pace"13 positive0 negative

Customers find the book very fast and hard to stop reading.

"...The book reads very quickly and is difficult to put down. The material was presented fairly and with exhaustive references...." Read more

"...The book is well footnoted for more research possibilities. Not a quick read; I took my time absorbing the information...." Read more

"First off, this book read fast for me for someone reason. I think it's because of the good connections between paragraphs and sections...." Read more

"...It's a very fast read and well researched...." Read more

19 customers mention "Plot complexity"12 positive7 negative

Customers have mixed opinions about the plot complexity of the book. Some find it exciting and compelling, while others say it's hard to read and boring.

"...The book gives me both hope and fear...." Read more

"...It’s a hard story to read, but it goes to the heart of the beliefs and actions that are tearing at the fabric of national life." Read more

"...to read every page for yourself to get a clear, objective, and even entertaining..." Read more

"...For me, this book was exciting to read as I couldn’t wait to find out what happened next. Highly recommended!" 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.

36 people found this helpful

Helpful

Serenity...

~~In-depth analysis~~

Reviewed in the United States on July 9, 2019

Verified Purchase

A portion of yesterday afternoon was spent refreshing my mind about the history of the US Supreme Court including the Presidential nominations and confirmations. I was surprised to learn that FDR had a total of 8 (in his first 6 years) and Ike had 5. We all realize the significance of these confirmations on the future of our country.

Before I purchased this book, I also read the bios of the authors. Mollie Hemingway and Carrie Severino. Both have diverse careers and involvement with the major television networks.

The book contains information that I have never read before and goes back in our history further than I expected. And, in the case of Judge Kavanaugh it also covers his background information including his hiring of his law clerks. I never thought about a nomination to the Supreme Court Justice being measured not only by their legal opinions rendered but also by their law clerks. Most interesting to me.

Christine Blasey Ford, of course, is covered in detail including the 5 extensions she was given to testify. In actuality, this process in DC is at times staggering. The number of written questions given to Brett Kavanaugh prior to his hearing were staggering. To paraphrase from this book....Scalia - 3 ; Gorsuch - 324 and Kavanaugh - 1287. Wow....

The bias of the media is also presented ...I stopped watching the news on TV at least a year ago. Just from switching the channels, I could see that some of them left out parts of the interviews or answers to some of the questions. One example in this book concerns MSNBC and the ariing of the Georgetown Prep portion. I call this bias by omission and it is certainly prevalent in most of the media. And, there are more examples than this particular one.

All in all, this is an in-depth analysis of not only the Kavanaugh hearings and confirmation but it goes back in our history to other Supreme Court nominations and confirmations.

It is well-written and I believe a most honest presentation of the events leading up to the confirmation of Brett Kavanaugh. And, also the future of the US Supreme Court.

Most highly recommended and for multiple reasons.

1,091 people found this helpful

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Top reviews from other countries

smp1987

Fascinating and informative!

Reviewed in Canada on February 23, 2021

Verified Purchase

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.

One person found this helpful

O. G. M. Morgan

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

Reviewed in the United Kingdom on August 28, 2019

Verified Purchase

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.

5 people found this helpful

Mdm Lee

If Justice is on Trial, then everyone is On Trial

Reviewed in Singapore on November 30, 2022

Verified Purchase

A Fair Account of what happened. With photos, and lengthy documentation.

PB

images and videos more helpful than text alone.

Reviewed in Australia on August 30, 2019

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images and videos more helpful than text alone.

John D. Booth

Engrossing

Reviewed in Canada on September 27, 2019

Verified Purchase

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.

2 people found this helpful

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