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Justice on Trial: The Kavanaugh Confirmation and the Future of the Supreme Court Paperback – October 13, 2020

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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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Customer reviews

4.8 out of 5 stars
2,789 global ratings

Customers say

Customers find the research quality in the book to be excellent. They describe it as riveting, compelling, and a breeze to read. Readers praise the writing quality as well-written, clear, and outstanding. They also appreciate the thoughtful analysis of the travesty and thorough description of the ugly political spectacle. Readers describe the storytelling as exciting, captivating, and seamless. They appreciate the visual style as fabulous, classy, and beautiful.

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262 customers mention "Research quality"259 positive3 negative

Customers find the book's research quality excellent. They say it provides an in-depth and highly readable account of the events. Readers also appreciate the fascinating details and historical material presented to put the Kavanaugh confirmation in context. Additionally, they mention the authors provide ample references to their comments and tell a story in an interesting and chronological way.

"...The book reads as narrative history, not a pastiche of ephemeral material, stitched together for a quick publication...." 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

"...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

"...Buy it. It's awesome: extremely carefully researched, an outline of what Democrats have done (see Roy Moore) and will continue to do if they're not..." Read more

240 customers mention "Readability"240 positive0 negative

Customers find the book riveting, fascinating, and informative. They say it reads like a compelling novel and is well worth the time. Readers also mention it's entertaining and an excellent refresher of the crazy events surrounding the Civil War.

"...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

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

"...OK, I could go on and on in my praises. Buy it. It's awesome: extremely carefully researched, an outline of what Democrats have done (see Roy Moore)..." Read more

"...All in all, it was an excellent read, and I truthfully couldn’t put it down. That this confirmation was a circus is clear...." Read more

160 customers mention "Writing quality"160 positive0 negative

Customers find the writing quality of the book well-written, clear, and breeze to read. They also appreciate the authors' surprisingly fair viewpoint and outstanding job of bringing out the facts behind the scenes of the Kavanaugh case. Readers mention the book reads like a thriller with no boring, tired, and dry passages. Additionally, they say it's shocking to read and riveting.

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

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

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

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

31 customers mention "Political content"25 positive6 negative

Customers find the political content thoughtful, fascinating, and sad. They say it's an excellent overview of the distasteful and disrespectful judicial system. Readers also mention the book exposes partisan politics and dirty tricks at their worst.

"...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...." Read more

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

29 customers mention "Storytelling"22 positive7 negative

Customers find the storytelling amazing, captivating, and seamless. They also say it's riveting and compelling. Readers mention the book has strong plot arcs.

"...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

"...-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

"...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

24 customers mention "Visual style"24 positive0 negative

Customers find the book fabulous, beautiful, and insightful. They say it adds marvelously delicious details. Readers also mention the book sheds a meaningful light on all the culprits.

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

"...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 this book...." 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

"This was a well written book that documents how ugly, dishonest and immoral the anti-Kavanaugh forces were, from the numerous liberal PAC's and..." Read more

17 customers mention "Journalistic content"17 positive0 negative

Customers find the journalistic content of the book excellent, insightful, and honest. They also say it's a different type of book, more autobiographical, and powerful. Readers mention the authors are credible and tell the truth.

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

"...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

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

16 customers mention "Accuracy"12 positive4 negative

Customers find the book accurate, well-written, and excellent. They also appreciate the balanced assessment and comprehensive coverage.

"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

Top reviews from the United States

Reviewed in the United States on July 13, 2019
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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Reviewed in the United States on July 10, 2019
While unapologetically coauthored by two conservatives, it’s fair to say, “Justice on Trial” is a riveting, enthralling book. I followed the entire hearings at the time, and here in one place is an accurate compilation of the key elements, bookended by a background on vituperative judicial hearings which began with Bork (second chapter), and an extended essay on the future of judicial “originalism” versus “activism” (last chapter). In between is a nail-biting story that just gets weirder and weirder as the venom and looniness increase. It’s the best political book I’ve read since “Game Change” and "Shattered."

One of the strangest chapters is a compilation of the mania of the mobs, beating on doors, being hauled away by the cops, mailing coat hangers to senators, etc. The “fight with everything we have” approach of Schumer, Harris, and Booker culminates on the eve of confirmation with the chapter “All Hell Breaks Loose,” where the woman Ford appears, suddenly, after Feinstein kept Ford's letter secret for 20 days before springing it on the nation at the last minute.

Without taking anything away from the book, there are limitations of the written word compared with the actual videoed hearings. Remember Ford's streamed testimony, with her equivocations, memory lapses, supposed fear of flying, the "second front door" that wasn't, and “recovered memory” 30 years later. She didn’t know the year of the assault, or the house, how she got there, how she got home—a 3 hour walk, we are to believe. Supposed party attendees had no recollection of a party or an assault.

Supposedly she hadn’t wanted to go public, but earlier had contacted the Washington Post, retained a radical lawyer (recommended by Feinstein), took a lie detector test with no transcript available, and scrubbed clean her anti-Trump social postings. Seeing her live and in person, any rational person could tell she was delusional. By contrast, seeing Kavanaugh defend himself against unfounded and unverified charges with passion and conviction—and yes, disgust—is hard to convey by the written word. And yet, “Justice on Trial” does it well.

Regrettably missing from the book (as mentioned by others here) is an investigation into who leaked the letter in the first place—my guess is Sen. Hirono—and a fuller explanation of the final FBI investigation which found no evidence confirming Ford’s assertions and dismissed them out of hand. I can only think that the quick writing turnaround made this further effort impossible. But what we have here is quite enough to illustrate how mad many in the country have become.

About the authors’ conservatism: It comes through most tellingly in their respectful treatment of Ashley and Brett Kavanaugh’s faith. It’s mentioned several times without a hint of a sneer. I can only imagine what subsequent books from others will do with this material. The authors also are plain in their judgement of the haters. The writers’ stupendous amazement is clear at the manic mobs, senatorial F-bombs, spittle-sprayed denunciations, and even (yes) threatened violence between senators. Further, the authors' judgement of blatant media bias with absolutely no exculpatory reporting throughout the hearings rings true and accurate. The reporting is thorough. There is no “bias” when what’s before our very eyes is so obvious. Buy this book.
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Top reviews from other countries

smp1987
5.0 out of 5 stars Fascinating and informative!
Reviewed in Canada on February 23, 2021
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.
O. G. M. Morgan
5.0 out of 5 stars The Kavanaugh confirmation hearings: a shocking indictment of American politics.
Reviewed in the United Kingdom on August 28, 2019
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
3.0 out of 5 stars If Justice is on Trial, then everyone is On Trial
Reviewed in Singapore on November 30, 2022
A Fair Account of what happened. With photos, and lengthy documentation.
PB
5.0 out of 5 stars images and videos more helpful than text alone.
Reviewed in Australia on August 30, 2019
images and videos more helpful than text alone.
John D. Booth
5.0 out of 5 stars Engrossing
Reviewed in Canada on September 27, 2019
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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