Chapter 5

H. W. Perry's Deciding to Decide: Agenda Setting in the United States Supreme Court (Cambridge, MA: Harvard University Press, 1991) introduced the phrase “defensive denial” into the literature.

Morse v. Frederick, the case concerning a student's banner with the puzzling proclamation “Bong Hits For Jesus,” is discussed by Frederick Schauer in his article “Is It Important to Be Important? Evaluating the Supreme Court's Case-Selection Process, ” Yale Law Journal Online 119 (2009): 77–86. Sanford Levinson's observations about the “litigated Constitution” versus the “hard-wired Constitution” come from his article “What Should Citizens (As Participants in a Republican Form of Government) Know About the Constitution?” William & Mary Law Review 50 (2009): 1239–60.