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#1 NATIONAL BESTSELLER! 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 naive 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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