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

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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,

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