5. Jonathan Rauch, “Offices and Gentlemen,” New Republic, June 23, 1997, citing Walter K. Olson, The Excuse Factory (Free Press, 1997).
6. Brown Transport Corp. v. Commonwealth, 578 A.2d 555, 562 (Pa. Commw. Ct. 1990).
7. Kentucky Commission on Human Rights, Human Rights Report, Spring 1994, at 2.
8. See, e.g., Supreme Court nomination of Samuel Alito. “After His Toughest Week, Bush Comes Out Fighting,” Economist.Com, November 2, 2005.
“The left will portray [Alito] as out of the mainstream, in favour of weakening the ability of women and minorities to seek protection in America’s civil-rights laws and, of course, chipping away at a woman’s right to an abortion. The case that will receive the most scrutiny is Planned Parenthood v. Casey, in which Mr. Alito voted to uphold a requirement that would have forced women to notify their husbands (in most cases) before getting an abortion”; “Alito Pick Stirs Passions,” Contra Costa Times (California), November 1, 2005. “‘Alito’s confirmation could shift the court in a direction that threatens to eviscerate the core protections for women’s freedom guaranteed by Roe v. Wade, or overturn the landmark decision altogether,’ NARAL President Nancy Keenan said.”; Jonathan Riskind and Jack Torry, “Fight Brewing over Nominee,” Columbus Dispatch (Ohio), November 1, 2005 “Senate Democrats and civil-rights and abortion-rights organizations denounced the Alito nomination, pointing out that he has a reputation for having one of the most conservative legal minds on the federal bench. He voted in 1991 to uphold most of a restrictive Pennsylvania abortion law, including a requirement that a woman needed to inform her husband before having an abortion.”
9. David M. Halbfinger, “Kerry Is Grilled on Gay Marriage and Attacks Bush on Sept. 11 Commission,” New York Times, March 8, 2004.
10. Peter Brimelow, Alien Nation: Common Sense About America’s Immigration Disaster (Harper Perennial, 1996).
11. See George J. Borjas, “Immigrants In, Wages Down—How to Do the Figuring,” National Review, May 8, 2006.
12. National Center for Education Statistics, “Fast Facts: Dropout Rates,” citing U.S. Department of Education, National Center for Education Statistics, 2011, The Condition of Education 2011 (NCES 2011-033), Indicator 20, available at http://nces.ed.gov/fastfacts/display.asp?id=16.
13. Cord Jefferson, “How Illegal Immigration Hurts Black America,” February 10, 2010.
14. Anderson Cooper: 360, CNN, April 11, 2006.
15. Richard Perez-Pena, “70 Abortion Law: New York Said Yes, Stunning the Nation,” New York Times, April 9, 2000.
16. Bray v. Alexandria Women’s Health Clinic, 506 U.S. 263 (1993).
17. Jennifer A. Dlouhy, “House Member’s Father Faces Stiff Judicial Confirmation Test,” Congressional Quarterly Daily Monitor, October 29, 2001.
18. Ana Radelat, “Opposition Grows to Bush Judicial Nominee,” Gannett News Service, October 24, 2001.
19. Danny Hakim, “Spitzer Pushing Bill to Shore Up Abortion Rights,” New York Times, April 26, 2007.
20. See United States v. Morrison, 529 U.S. 598 (2000).
21. H. R. Conf. Rep. No. 103-711, at 385.
22. Jan Vertefeuille, “Testing the Legal Limits,” Roanoke Times (Virginia), March 24, 1996.
23. Jeremy Rabkin, “Christy on the Brink,” American Spectator, January 1997.
24. Linda Greenhouse, “Battle on Federalism,” New York Times, May 17, 2000.
25. Department of Justice, Criminal Victimization in the United States, 1997 Statistical Tables, Table 42, available at http://bjs.ojp.usdoj.gov/content/pub/pdf/cvus97.pdf; Department of Justice, Criminal Victimization in the United States, 1999 Statistical Tables, Table 42, available at http://bjs.ojp.usdoj.gov/content/pub/pdf/cvus98.pdf; Department of Justice, Criminal Victimization in the United States, 2003 Statistical Tables, Table 42, available at http://bjs.ojp.usdoj.gov/content/pub/pdf/cvus0302.pdf; Department of Justice, Criminal Victimization in the United States, 2004 Statistical Tables, Table 42, available at http://bjs.ojp.usdoj.gov/content/pub/pdf/cvus0402.pdf; Department of Justice, Criminal Victimization in the United States, 2005 Statistical Tables, Table 42, available at http://bjs.ojp.usdoj.gov/content/pub/pdf/cvus0502.pdf; Department of Justice, Criminal Victimization in the United States, 2006 Statistical Tables, Table 42, available at http://bjs.ojp.usdoj.gov/content/pub/pdf/cvus0602.pdf; Department of Justice, Criminal Victimization in the United States, 2007 Statistical Tables, Table 42, available at http://bjs.ojp.usdoj.gov/content/pub/pdf/cvus0702.pdf; Department of Justice, Criminal Victimization in the United States, 2008 Statistical Tables, Table 42, available at http://bjs.ojp.usdoj.gov/content/pub/pdf/cvus0802.pdf.
26. Tom Sorensen, “It’s Time to Get to Truth of Duke Scandal,” Charlotte Observer (North Carolina), March 31, 2006.
27. Richard Brookhiser, “A Supreme Court without a WASP,” New York Post, May 17, 2010, available at http://www.nypost.com/p/news/opinion/opedcolumnists/supreme_court_without_wasp_vW4PHHXIky4pUolRNgGRnI.
28. KC Johnson, “Group Profile: The Cultural Anthropologists, Durham-In-Wonderland,” August 20, 2007, available at http://durhamwonderland.blogspot.com/2007/ 08/group-profile-cultural-anthropologists.html.
29. See generally, KC Johnson, “Group Profile: William Chafe, Durham-In-Wonderland,” August 27, 2007, available at http://durhamwonderland.blogspot.com/2007/ 08/group-profile-william-chafe.html.
30. Stuart Taylor and KC Johnson, Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case (Thomas Dunne Books, 2007) at 341.
31. http://www.amazon.com/Empire-Michael-Hardt/dp/0674006712/ref=sr_1_1?s=books&ie=UTF8&qid=1337975972&sr=1-1.
32. Charlotte Allen, “Duke’s Tenured Vigilantes,” Weekly Standard, January 29, 2007.
33. Cathy N. Davidson, “In the Aftermath of a Social Disaster,” News & Observer (Raleigh, North Carolina), January 5, 2007.
34. Nancy Grace Show, CNN, April 18, 2006.
35. Scarborough Country, MSNBC, April 5, 2006.
36. The Situation with Tucker Carlson, MSNBC, June 5, 2006.
37. Ibid., May 24, 2006.
38. Susan Brownmiller, Against Our Will: Men, Women, and Rape (Ballantine Books, 1993; first published in 1975) at 366. “False Allegations of Sexual Assault,” Brent E. Turvey and Michael McGrath in Rape Investigation Handbook, 2nd ed., John O. Savino and Brent E. Turvey, eds (Academic Press, 2011) at 275. (All claims of a 2 percent rate of false rape allegations can be traced back to Brownmiller’s book.)
39. Crime Index Offenses Reported, Section II, Department of Justice Uniform Crime Reporting, 1996 at 22. Data on “unfounded” rape complaints after 1996 does not seem to be available.
40. Eugene J. Kanin, “False Rape Allegations,” Archives of Sexual Behavior, February 1994. Available at http://falserapearchives.blogspot.com/2009/06/archives-of-sexual-behavior-feb-1994.html.
41. Charles P. McDowell, “False Allegations,” Forensic Science Digest 11, no. 4, December, 1985 (a publication of the U.S. Air Force Office of Special Investigation); Bruce Gross, “False Rape Allegations: An Assault on Justice,” Annals of the American Psychotherapy Association, December 22, 2008.
42. The Situation with Tucker Carlson, December 22, 2006.
43. Howard Kurtz, “The Press Turning Up Its Nose at Lame Duck,” Washington Post, February 5, 2007.
44. See, e.g., “I Guess It’s a Jungle in Here Too, Huh?” Feministe Blog, 2008, available at http://www.feministe.us/blog/archives/008/04/25/i-guess-its-a-jungle-in-here- too-huh/
CHAPTER 12: CIVIL RIGHTS CHICKEN HAWKS
1. Andrew Ferguson, Fools’ Names, Fools’ Faces (Atlantic Monthly Press, 1996).
2. Ronald Kessler, Inside the White House: The Hidden Lives of the Modern Presidents and the Secrets of the World’s Most Powerful Institution (Simon & Schuster, 1995) at 33.
3. E. W. Kenworthy, “Civil Rights Bill Passed, 73–27: Johnson Urges All to Comply; Dirksen Berates Goldwater,” New York Times, June 19, 1964.
4. Ibid.
5. At the beginning of the campaign, polls had shown Nixon at 42 percent, Humphrey at 29 percent, and Wallace at 22 percent. On election day, Nixon’s percentage remained virtually unchanged at 43.4 percent. Wallace lost nearly half his support and ended up with 13.5 percent of the vote. Humphrey picked up 12 percentage points—just a little bit less than Wallace lost—giving him 42.7 percent of the votes cast. Just four years after Goldwater’s run, the segregationist vote went right back to the Democrats. Patrick J. Buchanan, “The Neocons and Nixon’s Southern Strategy,” The American Conservative, December 30, 2002.
6. In 1964, Goldwater won Georgia, South Carolina, Mississippi, Alabama and Louisiana. In 1980, Reagan lost Georgia and barely beat Carter in Mississippi, 49.4 to 48.1 percent; Alabama, 48.8 to 47.4 percent; and South Carolina, 49.4 to 48.1 percent. See, e.g., “The Election of 1980,” American Presidency Project, University of California, Santa Barbara. Available at http://www.presidency.ucsb.edu/showelection.php?year=1980.
7. “Reagan Bush Youth Chairman Is LSU’s Homecoming Queen: Says Youth Will Vote Republican in Nov.,” The Morning Advocate, Folder, Louisiana Box 387, Research Unit, PP-RRL, Simi Valley, Ca.
8. Arthur Schlesinger Jr., “How McGovern Will Win,” New York Times, February 11, 1968.
9. George McGovern, Address Accepting the Presidential Nomination at the Democratic National Convention in Miami Beach, Florida, July 14, 1972. Available at http://www.presidency.ucsb.edu/ws/index.php?pid=25967#axzz1zoNNrGgk.
10. Michael Barone, “GOP Poised to Reap Redistricting Rewards,” Creators Syndicate, November 7, 2010.
11. Booknotes with Brian Lamb, Paul Greenberg, No Surprises: Two Decades Of Clinton Watching, July 7, 1996.
12. Bart Barnes, “Barry Goldwater, GOP Hero, Dies,” Washington Post, May 30, 1998.
13. See, e.g., Robert A. Caro, The Years of Lyndon Johnson, vol. 3: Master of the Senate (Vintage, 2003).
14. These Democrats all voted against allowing a vote on Eisenhower’s 1957 civil rights bill. Caro at 905.
15. Earl Black and Merle Black, The Rise of Southern Republicans (Belknap Press/Harvard University Press, 2002) at 93; see also James Lee Annis, Howard Baker: Conciliator in an Age of Crisis (Madison Books, 1994) at 46.
16. To Recommit H.R. 6400, The 1965 Voting Rights Act, Prohibiting the Denial to Any Person of the Right to Register or to Vote Because of His Failure to Pay a Poll Tax or Any Other Such Tax, 89th Congress July 9, 1965, roll call vote available at http://www.govtrack.us/congress/votes/89-1965/h86.
17. Eric Foner, Reconstruction: America’s Unfinished Revolution, 1863–1877 (Harper Perennial Modern Classics, 2002) at 425.
18. See, e.g., Jeffrey Leonard, “Earlier Agnew Took Moderate Stances,” Harvard Crimson, October 10, 1973; Associated Press, “George Mahoney, 87, Maryland Candidate,” New York Times, March 21, 1989.
19. Spiro Agnew, “The American Presidents.” Available at http://www.theamericanpresidents.net/agnew.html.
20. Hackett Fischer, Albion’s Seed, Kindle edition at 14311.
21. President Jimmy Carter, Address at Commencement Exercises at the University of Notre Dame, May 22, 1977, available at www.presidency.ucsb.edu http://www.presidency.ucsb.edu/ws/index.php?pid=7552#ixzz1zQzVHUF7.
22. Robert Caro, The Years of Lyndon Johnson at xv.
23. John Nichols, “Robert Byrd’s American Journey,” the Nation, June 28, 2010. Available at http://www.thenation.com/blog/36753/robert-byrds-american-journey#.
24. Donald Baer and Steven V. Roberts, “The Making of Bill Clinton,” U.S. News & World Report, March 22, 1992.
25. Adam Nossiter, “For South, a Waning Hold on National Politics,” New York Times, November 11, 2008.
26. Eugene Robinson, “Will Racism Keep Obama from Being President?,” Fort Wayne Journal Gazette, December 17, 2007.
27. Joe Klein, “Powell’s Race Problem,” Newsweek, June 24, 1996.
28. Naftali Bendavid and Stephen Miller, “Remembrances: A Strong Voice for the Senate, His State,” Wall Street Journal, June 29, 2010.
29. See, e.g., Kyle Longley, Senator Albert Gore, Sr.: Tennessee Maverick (Louisiana State University Press, 2004) at 90–93 and 102.
30. The White House, Office of the Press Secretary, Text of President’s Remarks in Tribute to Sen. Fulbright, U.S. Newswire, May 7, 1993.
31. Caro, Master of the Senate at 548.
32. Attacks on McCarthy weren’t run-of-the-mill Democratic blarney: Robert Kennedy worked for McCarthy and Senator John F. Kennedy refused to censure McCarthy.
33. Meacham, “A Man Out of Time.”
34. “The First President to Entertain a Negro, Booker T. Washington Dined,” Washington Bee, October 19, 1901. Available at http://www.whitehousehistory.org/decaturhouse african-american-tour/content/The-First-President-to-Entertain-a-Negro-Booker-T-Washington-Dined.
35. For party platforms, see John Woolley and Gerhard Peters, the American Presidency Project, University of California, Santa Barbara. Available at http://www.presidency.ucsb.edu/platforms.php.
36. Non-southern Democrats voting against Eisenhower’s 1957 Civil Rights Act: Senators Wayne Morse of Oregon, Warren Magnuson of Washington, James Murray of Montana, Mike Mansfield of Montana and Joseph O’Mahoney of Wyoming. Caro at 905.
37. Baer and Roberts, “The Making of Bill Clinton.”
38. The White House, Office of the Press Secretary, Text of President’s Remarks in Tribute to Sen. Fulbright, U.S. Newswire, May 7, 1993.
39. Ibid.
40. Joshua R. Preston, “Hoodwinked: Race and Robert Byrd Ku Klux Klan Inspired a Life in Politics,” Human Events, December 12, 2005.
41. Eric Zimmermann, “Clinton says Byrd joined KKK to Help Him Get Elected,” The Hill, July 2, 2010.
42. Editorial, Hartford Courant, April 16, 2004.
43. See, e.g., Lynette Holloway, “Why Is the Black Abortion Rate So High?” The Root, December 20, 2010, available at http://www.theroot.com/views/why-black-abortion-rate-so-high.
CHAPTER 13: YOU RACIST!
1. Jon Meacham, “A Man Out of Time: Trent Lott and the GOP Grew Up Together in the South.” Newsweek, December 23, 2002.
2. Bob Herbert, “Racism and the G.O.P.,” The New York Times, December 12, 2002.
3. Keith Olbermann and Chris Matthews, “Decision ’08” Interview with Former President Jimmy Carter,” MSNBC, August 27, 2008.
4. Irv Randolph, “McCain Interjects Race into Campaign,” Philadelphia Tribune, August 8, 2008.
5. Roger Simon, “A Measure of Racism: 15 Percent?” Politico.com, April 21, 2008.
6. The Ed Show, MSNBC, March 23, 2010.
7. “Candidates’ Labor Day Speeches Mark Start of Presidential Race,” Washington Post, September 1, 1980.
8. Steven Komarow, “Bush Hits Dukakis as Weak on Defense, Dukakis Campaigns in South,” Associated Press, August 5, 1988.
9. Ibid.
10. G. G. LaBelle, The Associated Press, September 1, 1980. (The media quickly corrected Reagan’s joke, noting that the Klan did not originate in Tuscumbia, though that was the current location of the Klan’s national headquarters.)
11. “Grand Klan Wizard Says Reagan Appealing to Black Vote,” The Associated Press, September 3, 1980.
12. See Roger Simon, “How A Murderer and Rapist Became the Bush Campaign’s Most Valuable Player,” Baltimore Sun, November 11, 1990. (Excerpt from Roger Simon, Road Show (Farrar, Straus & Giroux, 1990). Available at http://articles.baltimoresun.com/1990-11-11/features/1990315149_1_willie-horton-fournier-michael-dukakis.
13. Ibid.
14. See Roger Simon, “How A Murderer and Rapist Became the Bush Campaign’s Most Valuable Player.”
15. Dorothy Gilliam, “Bush’s Restrictive Covenant,” Washington Post, November 3, 1988.
16. “Bob Jones University Drops Interracial Dating Ban,” Christianity Today, March 1, 2000.
17. The Carter administration had ordered the IRS to withdraw BJU’s tax-exempt status over the ban—an
exemption granted to more than a million organizations, including those that advocate for abortion, environmental mandates, an end to logging, more foreign aid spending, and national health care. But one little Christian school prohibiting interracial dating because an Asian family complained was a bridge too far. President Reagan restored the tax exemption on the grounds that nothing in the law prohibited it, the case went to the Supreme Court and a divided court found that the dating ban prohibited the school from receiving a tax exemption by reading into the statute a requirement that organizations seeking tax-exempt status “demonstrably serve and be in harmony with the public interest.” Abortion is in harmony with the public interest, but a ban on interracial dating is not.
18. “Full Text of Republican Debate,” New York Times, January 8, 2000.
19. Ann Gerhart, “Rebel Y’all,” Washington Post, February 2, 2004.
20. Shelby Foote, “The Art of Fiction,” Paris Review, Summer 1999. Interview by Carter Coleman, Donald Faulkner, William Kennedy.
21. Fischer, Albion’s Seed. (Kindle edition, 14005–14009.)
22. Terri D. Reeves, “Memory of Ex-Slave, Confederate Soldier Is Revived,” St. Petersburg Times (Florida), February 25, 2003; Adam J. Carozza, “Remembrance and Honor: An Interview with Mary Wilder Crockett,” Southern Scribe, 2003. Available at http://www.southernscribe.com/zine/culture/remembrance_honor.htm.
23. James Webb, Fields of Fire (Bantam, 2001) at 34.
24. Byron York, “The Democratic Myth Machine,” National Review, April 19, 2004.
25. Steven Thomma and Ron Hutcheson, “Right-to-Life, Gun-Advocacy Groups Also Running Anti-McCain Campaigns,” Knight Ridder, February 16, 2000; “Gore 2000 Criticizes Tenor of Bush Campaign,” U.S. Newswire, April 26, 2000.
26. “Interview with Paul Krugman,” The Charlie Rose Show, December 26, 2007.
27. Deroy Murdock, “Reagan, No Racist,” National Review, November 20, 2007.
28. Jon Meacham, “A Man Out of Time: Trent Lott and the GOP Grew Up Together in the South.” Newsweek, December 23, 2002.
29. Jonathan Alter, “Forum: Was It Ever Going To Be Easy?” Newsweek, May 5, 2008.