Confirmation Bias: Inside Washington's War over the Supreme Court, from Scalia?s Death to Justice Kavanaugh

“Entertaining and shrewd....Hulse is an expert guide through the machinations on Capitol Hill.” --New York Times Book Review

The Chief Washington Correspondent for the New York Times presents a richly detailed, news-breaking, and conversation-changing look at the unprecedented political fight to fill the Supreme Court seat made vacant by Antonin Scalia’s death—using it to explain the paralyzing and all but irreversible dysfunction across all three branches in the nation’s capital.

The embodiment of American conservative thought and jurisprudence, Antonin Scalia cast an expansive shadow over the Supreme Court for three decades. His unexpected death in February 2016 created a vacancy that precipitated a pitched political fight. That battle would not only change the tilt of the court, but the course of American history. It would help decide a presidential election, fundamentally alter longstanding protocols of the United States Senate, and transform the Supreme Court—which has long held itself as a neutral arbiter above politics—into another branch of the federal government riven by partisanship. In an unprecedented move, the Republican-controlled Senate, led by majority leader, Mitch McConnell, refused to give Democratic President Barack Obama’s nominee, Merrick Garland, a confirmation hearing. Not one Republican in the Senate would meet with him. Scalia’s seat would be held open until Donald Trump’s nominee, Neil M. Gorsuch, was confirmed in April 2017.

Carl Hulse has spent more than thirty years covering the machinations of the beltway. In Confirmation Bias he tells the story of this history-making battle to control the Supreme Court through exclusive interviews with McConnell, Harry Reid, Chuck Schumer, and other top officials, Trump campaign operatives, court activists, and legal scholars, as well as never-before-reported details and developments.

Richly textured and deeply informative, Confirmation Bias provides much-needed context, revisiting the judicial wars of the past two decades to show how those conflicts have led to our current polarization. He examines the politicization of the federal bench and the implications for public confidence in the courts, and takes us behind the scenes to explore how many long-held democratic norms and entrenched, bipartisan procedures have been erased across all three branches of government.

From the chief Washington correspondent for the New York Times, a richly detailed, news-breaking look at the unprecedented political fight over Antonin Scalia’s Supreme Court vacancy and the seemingly irreversible dysfunction it triggered across all three branches in the nation’s capital—ultimately delivering us Trump, Gorsuch, and Kavanaugh

The embodiment of American conservative thought and jurisprudence, Antonin Scalia cast an expansive shadow over the Supreme Court for three decades. His death at a Texas hunting resort in February 2016 created a dilemma for Republican leadership faced with the prospect of yet another Obama Supreme Court nominee, this time one who could tip the ideological balance of the court and alter the course of American history.

In Confirmation Bias, Carl Hulse tells an exclusive account of the rush of events following Scalia’s death, including Mitch McConnell’s extraordinary snap decision to deny President Obama’s nominee so much as a hearing, let alone a vote. The author recounts the unsuccessful Democratic effort to break the Republican blockade on behalf of Merrick Garland, a failure that allowed Donald Trump to exploit the vacancy to entice evangelicals and other leery Republicans to rally support and deliver him the presidency.

Newly empowered, Trump and his White House counsel Donald F. McGahn II moved quickly to install Neil Gorsuch on the court. The plan from the start was to have a second judge with a Republican pedigree—Brett Kavanaugh—join Gorsuch at the first opportunity in order to cement a majority conservative bloc. Aided by McConnell and the willingness of Republicans to bend Senate practices, the new administration set out to remake not only the Supreme Court, but the lower courts as well, further roiling the Senate and threatening public confidence in the federal judiciary.

With unrivaled access to figures on both sides of the aisle, Hulse revisits the judicial wars of the past twenty years to show how those conflicts have led to our current polarization and resulted in not one but two Trump-nominated conservative justices who could be serving for decades. Confirmation Bias is a prodigious look inside the bitter judicial politics that have torn apart the Senate and transformed the modern Supreme Court from an institution that is supposed to rise above partisanship into one that is increasingly an extension of it.

History will show, argues Hulse, that Scalia’s death and the ugly battles fought in its wake represent an inflection point in American politics, changing the trajectory of three vital arms of our government—the Senate, the presidency, and the Supreme Court—in ways McConnell could not have envisioned that night in 2016.