those siren promises are always, always, always wrong. If a judicial nominee does not have a demonstrated proven record, if we cannot be confident he or she will withstand the praise and punishment, the carrot and stick of the press and the academy, then they should not be named to the Supreme Court. The stakes are simply too high. After all, we’re just one vote away.
ACKNOWLEDGEMENTS Writing this book, my second, has been a joy. For nearly two decades, my professional life revolved around the Supreme Court, and it is an extraordinary institution. Living legends have walked those marble halls. The victories they have won for Justice and Rule of Law—and, at times, the damage they have inflicted on our Nation—have been incalculable. I am grateful for all those who assisted in writing. Josh Hammer, a young lawyer and talented and rising opinion journalist, helped research and write the entire manuscript. I wrote much of the book during the coronavirus lockdown, and Josh and I spent hours and hours on the phone and on email going chapter by chapter. He did a superb job. As always, I am immensely thankful for Heidi and our two daughters, Caroline and Catherine. They were on lockdown with me, all four of us together 24/7 in our house: Heidi working upstairs in her office, Caroline doing distance schooling to finish sixth grade in her bedroom, and Catherine finishing third grade at the kitchen table. They put up with me, ensconced in the living room, papers and legal briefs lying everywhere, writing day after day. I suspect they’d tell you they put up with a lot more than that. And I appreciate the many people who helped review early drafts. Steve Chartan, Sam Cooper, Lauren Aronson, Andrew Davis, Omri Ceren, Jeff Roe, David Polyansky, Jason Johnson, and both my parents read parts or all of the book, and generously shared their insight and suggestions. My book agent Keith Urbahn provided his predictably wise counsel, and my editor Paul Choix—and the entire team at Regnery—exercised a (thankfully) light touch, but they made the draft significantly better. I’d like to say any errors in this book are Jeff Roe’s fault. But, speaking more fairly, the responsibility for any mistakes is mine. ABOUT THE AUTHOR Author Photo by Gregory Woodman TED CRUZ, a U.S. senator for the State of Texas, has dedicated his life to upholding the principles enshrined in our Constitution. After graduating from Harvard Law School, he clerked for Judge J. Michael Luttig and Chief Justice William Rehnquist and became the youngest and longest-serving solicitor general in Texas history. Senator Cruz and his wife, Heidi, live in his hometown of Houston with their two young daughters, Caroline and Catherine. www.Regnery.com LIKE REGNERY ON FACEBOOK FOLLOW US ON TWITTER INDEX A note about the index: The pages referenced in this index refer to the page numbers in the print edition. Clicking on a page number will take you to the ebook location that corresponds to the beginning of that page in the print edition. For a comprehensive list of locations of any word or phrase, use your reading system’s search function. A Abbott, Greg, xxviii, 10–11, 14–17, 70, 131–33, 186, 189–90 Abington School District v. Schempp, 3 Abrams, Floyd, 121, 123 Adams, John, 4 Agnew, Spiro, 204 Alien and Sedition Acts, 124 Alito, Samuel, xxix, 39–40, 72, 104, 114, 116–17, 200, 215, 217, 220–23 American Civil Liberties Union (ACLU), 9, 21, 30, 123, 214 American dream, xxix, 28 American Revolution, 64, 114 amicus curiae briefs, 19, 44, 47, 51, 72, 102, 151, 158 Anti-Injunction Act, 217 Antiterrorism and Effective Death Penalty Act (AEDPA), 148 Ayotte v. Planned Parenthood of Northern New England, 102 Aztecs, the, 13 B background check, 58–59 Baker, Jim, 168, 170, 173, 179–80, 184 Bartholet, Elizabeth, 32 Bartlit, Fred, 168–70 Baze v. Rees, 158 Beck, Phil, 169–71 Bible, the, 3, 5, 92–93 Biden, Joseph (Joe), 25–26, 61, 111, 114–15 Bill of Rights, xviii, xxviii, 1–2, 41–50, 53, 55, 62, 92, 97, 119–20, 123–24, 140, 145, 201 Blackstone, William, 49, 153 Blaine amendments, 39–40 Boies, David, 169–71 Bolten, Joshua, 165, 184 Bork, Robert, 208–10, 214 Born-Alive Abortion Survivors Protection Act, 106–7 Brandeis, Louis, 92 Brennan, William, xxxi, 98, 201, 203, 211 Brexit, 65 Breyer, Stephen, 17–18, 77, 155, 158, 159, 179, 214, 221 Burwell v. Hobby Lobby Stores, 24–25 Bush administration (George W.), xx, xxviii, 31, 53, 69–71, 75, 215, 228 Bush campaign (George W.), xxviii, 72, 118, 173, 181, 228 Bush v. Gore, xxvii, xxx, 173, 175, 197 Bush, George H. W., 118, 187, 211 C Cambodia invasion, 204 capital punishment, xxx, 143–46, 151–54, 157–59 Carter, Jimmy, xv, 8, 80 Carvin, Mike, xxvii, xxviii, 167–68, 170, 174–76, 192 Casablanca, 195 Catholic Church, the, 25 Chamberlain, Neville, 80 Chemerinsky, Erwin, 12–14, 74 child rape, xxx, 151–54 Christopher, Warren, 173 Churchill, Winston, 197 Citizens United v. Federal Election Commission, xxix, 111–14, 116–17, 119, 121–23, 130 civil rights issue, xxviii, 5, 27, 38, 205 Civil Rights Movement, the, 5–6 Clement, Paul, 15–16, 52, 71, 205 Clinton, Hillary, xi, xii, xiii, xvi, xvii, 55, 75, 79, 111–12, 114, 116–18, 228 Clinton, Bill, xvii, 18, 24, 101, 118, 173, 218 Club for Growth, the, 129, 135–36 Cohen v. California, 121 Coker v. Georgia, 152 Commerce Clause, 216 Connally, John, 189 Connick v. Thompson, 151 contraceptive mandate, 23–24 Cooper, Chuck, xxvii, 28, 106, 168, 176, 208, 221, 231 Cornyn, John, x, 132 Craddick, Tom, 186 crime rates, 57, 140–41 Cruz, Heidi, xiii, xxi, xxviii, 15, 37, 72, 128–29, 165–66, 168, 176, 180–83, 185–86, 220 D death penalty, xxiii, xxv, xxx, 67, 72, 75, 144–49, 151–52, 154, 157–59 Declaration of Independence, 2–3, 27, 47, 64, 93, 195 DeMille, Cecil B., 1, 7–8 democratic process, the, xxix, 91, 96 Department of Justice (DOJ), xxvii, xxviii, 52–54, 58–59, 70–71, 74, 141, 194, 205, 208, 217 Dewhurst, David, 131, 133, 135 Dickerson v. United States, 142 District of Columbia v. Heller, xxiv, xxix, 43–44, 50–55 Doe v. Bolton, 97–98 Douglas, William O., 98 Dred Scott v. Sanford, 96 Durbin, Dick, 115, 125, 160–61 E Eastman, John, 64 EdChoice, 31 Eisenhower, Dwight, 201–4 Eldred v. Ashcroft, 46 Elk Grove Unified School District v. Newdow, 19 Employment Division v. Smith, 24 Engel v. Vitale, 3 Espinoza v. Montana Department of Revenue, 39–40 Establishment Clause, 2–3, 12, 17–18, 36 European Union (EU), 65 Evans, Don, 166 exclusionary rule, the, 139–40 F Federal Election Commission (FEC), xxix, 111, 129–31, 167 federalism, xxv, 64, 73–74, 145, 205 Federalist Papers, xxiii, 48, 64, 113 Federalist Society, the, 29 Feingold, Russ, 123 Feinstein, Dianne,