Ronald Reagan Supreme Court candidates

Last updated

Speculation abounded over potential nominations to the Supreme Court of the United States by Ronald Reagan even before his presidency officially began, due to the advanced ages of several justices, and Reagan's own highlighting of Supreme Court nominations as a campaign issue. Reagan had promised "to appoint only those opposed to abortion and the 'judicial activism' of the Warren and Burger Courts". [1] Conversely, some opposed to Reagan argued that he could "appoint as many as five Justices" and would "use the opportunity to stack the Court against women, minorities and social justice". [2]

Contents

Sandra Day O'Connor nomination

During his 1980 campaign, Reagan pledged that, if given the opportunity, he would appoint the first female Supreme Court Justice. [3] That opportunity came in his first year in office when he nominated Sandra Day O'Connor to fill the vacancy created by the retirement of Justice Potter Stewart. [4] O'Connor was approved by the Senate by a vote of 99–0 on September 21, 1981. [5] Senator Max Baucus (D-MT) did not vote. [4]

William Rehnquist elevation

In his second term, Reagan elevated William Rehnquist to succeed Warren Burger as Chief Justice. [6] Rehnquist's confirmation was largely split along party lines, showing that he had not improved his standing among Senate Democrats since his contentious 1971 nomination to the Court. [6] Rehnquist's elevation to Chief Justice was approved by the Senate by a vote of 65–33 on September 17, 1986. [7] Senators Jake Garn (R-UT) and Barry Goldwater (R-AZ) did not vote. Senator Alan Simpson (R-WY) made public note on the Senate floor that Senator Garn's vote would have been to confirm had he been present. [6]

Democratic Senators who voted against Rehnquist's confirmation as an Associate Justice in 1971 and as Chief Justice in 1986 were Alan Cranston (CA), Daniel Inouye (HI), Edward M. Kennedy (MA) and Claiborne Pell (RI). Two Democrats who voted for Rehnquist's nomination as Associate Justice voted against his nomination as Chief Justice, Thomas Eagleton (MO) and Robert Byrd (WV).

Antonin Scalia nomination

After deciding to elevate Rehnquist to Chief Justice, Reagan considered both Robert Bork and Antonin Scalia to fill the vacant seat left by Rehnquist's elevation, but ultimately chose the younger and more charismatic Scalia. [8] [9] Scalia was approved by the Senate by a vote of 98–0 on September 17, 1986. [10] Senators Jake Garn (R-UT) and Barry Goldwater (R-AZ) did not vote. [8]

Anthony Kennedy nomination

Bork (right) with President Ronald Reagan, 1987 President Ronald Reagan and Robert Bork.jpg
Bork (right) with President Ronald Reagan, 1987

Robert Bork selection

Supreme Court of the United States Associate Justice Lewis Franklin Powell Jr. was a moderate/conservative but the "swing vote" on close decisions, and even before his expected retirement on June 27, 1987, Senate Democrats had asked liberal leaders to form "a solid phalanx" to oppose whomever President Ronald Reagan nominated to replace him, assuming the appointment would send the court rightward; Democrats warned Reagan there would be a fight. [11] Reagan considered appointing Utah Senator Orrin Hatch to the seat, but Congress had approved $6,000 pay raises for Supreme Court Justices in February, raising a problem under the Ineligibility Clause of the United States Constitution, which prohibits a member of Congress from accepting an appointment for which the pay had been increased during that member's term. A memorandum by Assistant Attorney General Charles J. Cooper rejected the notion that a Saxbe fix—a rollback of the salary for the position—could satisfy the Ineligibility Clause. [12] [13] Hatch had been on the short list of two finalists with Robert Bork, [14] [15] but after the Ineligibility Clause had been brought to light, Hatch was no longer under consideration. Reagan nominated Robert Bork for the seat on July 1, 1987.

Within 45 minutes of Bork's nomination to the Court, Ted Kennedy (D-MA) took to the Senate floor with a strong condemnation of Bork in a nationally televised speech, declaring:

Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, and schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens. [16]

A brief was prepared for Joe Biden, head of the Senate Judiciary Committee, called the Biden Report. Bork later said in his best-selling [17] book The Tempting of America that the report "so thoroughly misrepresented a plain record that it easily qualifies as world class in the category of scurrility". [18] TV ads narrated by Gregory Peck attacked Bork as an extremist, and Kennedy's speech successfully fueled widespread public skepticism of Bork's nomination. The rapid response of Kennedy's "Robert Bork's America" speech stunned the Reagan White House; though conservatives considered Kennedy's accusations slanderous, [11] the attacks went unanswered for 2+1⁄2 months. [19]

A hotly contested United States Senate debate over Bork's nomination ensued, partly fueled by strong opposition by civil rights and women's rights groups concerned with what they claimed was Bork's desire to roll back civil rights decisions of the Warren and Burger courts. Bork is one of only four Supreme Court nominees to ever be opposed by the ACLU. Bork was also criticized for being an "advocate of disproportionate powers for the executive branch of Government, almost executive supremacy", [20] as demonstrated by his role in the Saturday Night Massacre.

During debate over his nomination, Bork's video rental history was leaked to the press, which led to the enactment of the 1988 Video Privacy Protection Act. His video rental history was unremarkable, and included such harmless titles as A Day at the Races , Ruthless People and The Man Who Knew Too Much . The list of rentals was originally printed by Washington D.C.'s City Paper . [21]

To pro-choice legal groups, Bork's originalist views and his belief that the Constitution does not contain a general "right to privacy" were viewed as a clear signal that, should he become a Justice of the Supreme Court, he would vote to reverse the Court's 1973 decision in Roe v. Wade . Accordingly, a large number of liberal advocacy groups mobilized to press for Bork's rejection, and the resulting 1987 Senate confirmation hearings became an intensely partisan battle. Bork was faulted for his bluntness before the committee, including his criticism of the reasoning underlying Roe v. Wade .

As chairman of the Judiciary Committee, Senator Joe Biden presided over Bork's hearing. [22] Biden stated his opposition to Bork soon after the nomination, reversing an approval in an interview of a hypothetical Bork nomination he had made the previous year and angering conservatives who thought he could not conduct the hearings dispassionately. [23] At the close, Biden won praise for conducting the proceedings fairly and with good humor and courage, as his 1988 presidential campaign collapsed in the middle of the hearings. [23] [24] Biden framed his discussion around the belief that the U.S. Constitution provides rights to liberty and privacy that extend beyond those explicitly enumerated in the text, and that Bork's strong originalism was ideologically incompatible with that view. [24] Bork's nomination was rejected in the committee by a 9–5 vote, [24] and then rejected in the full Senate by a 58–42 margin. [25]

On October 23, 1987, the Senate rejected Bork's confirmation, with 42 senators voting in favor and 58 voting against. Senators David Boren (D-OK) and Ernest Hollings (D-SC) voted in favor, with Senators John Chafee (R-RI), Bob Packwood (R-OR), Arlen Specter (R-PA), Robert Stafford (R-VT), John Warner (R-VA) and Lowell P. Weicker Jr. (R-CT) all voting no. [25]

Douglas Ginsburg selection

Following Bork's defeat, Reagan announced his intention to nominate Douglas H. Ginsburg, a former Harvard Law professor whom Reagan had appointed to the District of Columbia Circuit the previous year. Ginsburg almost immediately came under some fire for an entirely different reason when NPR's Nina Totenberg [26] revealed that Ginsburg had used marijuana "on a few occasions" during his student days in the 1960s and while an Assistant Professor at Harvard in the 1970s. In 1991, a similar admission by then-nominee Clarence Thomas that he had used the drug during his law school days had no effect on his nomination. [27] [lower-alpha 1] Prior to being formally nominated, Ginsburg withdrew his name from consideration due to the allegations but remained on the federal appellate bench.

Anthony Kennedy selection

After Ginsburg's withdrawal, Reagan nominated Anthony Kennedy on November 11, 1987, and he was then confirmed to fill the vacancy on February 3, 1988. [29] [30]

While vetting Kennedy for potential nomination, some of Reagan's Justice Department lawyers said Kennedy was too eager to put courts in disputes many conservatives would rather leave to legislatures, and to identify rights not expressly written in the Constitution. [31] Kennedy's stance in favor of privacy rights drew criticism; Kennedy cited Roe v. Wade and other privacy right cases favorably, which one lawyer called "really very distressing". [32]

In another of the opinions Kennedy wrote before coming to the Supreme Court, he criticized (in dissent) the police for bribing a child into showing them where the child's mother hid her heroin; Kennedy wrote that "indifference to personal liberty is but the precursor of the state's hostility to it". [33] The Reagan lawyers also criticized Kennedy for citing a report from Amnesty International to bolster his views in that case. [33]

Another lawyer said "Generally, [Kennedy] seems to favor the judiciary in any contest between the judiciary and another branch." [33]

Kennedy endorsed Griswold as well as the right to privacy, calling it "a zone of liberty, a zone of protection, a line that's drawn where the individual can tell the Government, 'Beyond this line you may not go.'" [34] This gave Kennedy more bipartisan support than Bork and Ginsburg. The Senate confirmed him by a vote of 97 to 0. [34]

Names frequently mentioned

Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Reagan or being the most likely potential nominees for a Supreme Court appointment under Reagan:

United States Supreme Court (considered for elevation to Chief Justice)

United States Courts of Appeals

US Court of Appeals and District Court map.svg

United States District Courts

State Supreme Courts

Administration officials

Other backgrounds

See also

Notes

  1. ↑ Ginsburg was also accused of a financial conflict of interest during his work in the Reagan Administration, but a Department of Justice investigation under the Ethics in Government Act found that allegation baseless in a February 1988 report. [28]

Related Research Articles

<span class="mw-page-title-main">Supreme Court of the United States</span> Highest court of jurisdiction in the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all federal court cases, and over state court cases that involve a point of U.S. Constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions.

<span class="mw-page-title-main">Robert Bork</span> American lawyer and judge (1927–2012)

Robert Heron Bork was an American legal scholar who served as solicitor general of the United States from 1973 until 1977. A professor by training, he was later acting United States Attorney General and a judge on the U.S. Court of Appeals for the D.C. Circuit from 1982 to 1988. In 1987, President Ronald Reagan nominated Bork to the U.S. Supreme Court, but the Senate rejected his nomination after a contentious and highly publicized confirmation hearing.

<span class="mw-page-title-main">Unsuccessful nominations to the Supreme Court of the United States</span>

The Supreme Court of the United States is the highest-ranking judicial body in the United States. Established by Article III of the Constitution, the detailed structure of the court was laid down by the 1st United States Congress in 1789. Congress specified the Court's original and appellate jurisdiction, created 13 judicial districts, and fixed the initial size of the Supreme Court. The number of justices on the Supreme Court changed six times before settling at the present total of nine in 1869. As of June of 2022, a total of 116 justices have served on the Supreme Court since 1789. Justices have life tenure, and so they serve until they die in office, resign or retire, or are impeached and removed from office.

<span class="mw-page-title-main">Douglas H. Ginsburg</span> American judge

Douglas Howard Ginsburg is an American lawyer, jurist, and academic who serves as a senior judge on the U.S. Court of Appeals for the District of Columbia Circuit. He was appointed to that court in October 1986 by President Ronald Reagan, and served as its chief judge from 2001 until 2008. In October 1987, Reagan announced his intention to nominate Ginsburg as an associate justice of the United States Supreme Court. But Ginsburg withdrew his name from consideration before being formally nominated, after news reports that he had smoked marijuana in the past created controversy.

<span class="mw-page-title-main">George W. Bush Supreme Court candidates</span>

Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency.

In July 2005, President George W. Bush nominated John Roberts to succeed retiring Associate Justice Sandra Day O'Connor. However, following the death of Chief Justice of the Supreme Court of the United States, William Rehnquist, that still-pending nomination was withdrawn. On September 5, 2005 President Bush announced that he would nominate Roberts to succeed Rehnquist as Chief Justice instead.

Roger Jeffrey Miner was a United States circuit judge of the United States Court of Appeals for the Second Circuit and a United States district judge of the United States District Court for the Northern District of New York.

<span class="mw-page-title-main">Rehnquist Court</span> Period of the US Supreme Court from 1986 to 2005

The Rehnquist Court was the period in the history of the Supreme Court of the United States during which William Rehnquist served as Chief Justice. Rehnquist succeeded Warren Burger as Chief Justice after the latter's retirement, and Rehnquist held this position until his death in 2005, at which point John Roberts was nominated and confirmed as Rehnquist's replacement. The Rehnquist Court is generally considered to be more conservative than the preceding Burger Court, but not as conservative as the succeeding Roberts Court. According to Jeffrey Rosen, Rehnquist combined an amiable nature with great organizational skill, and he "led a Court that put the brakes on some of the excesses of the Earl Warren era while keeping pace with the sentiments of a majority of the country."

<span class="mw-page-title-main">Robert Bork Supreme Court nomination</span> 1987 American failed judicial nomination

On July 1, 1987, President Ronald Reagan nominated Judge Robert Bork for Associate Justice of the Supreme Court of the United States, to succeed Lewis F. Powell Jr., who had earlier announced his retirement. At the time of his nomination, Bork was a judge on the United States Court of Appeals for the District of Columbia Circuit, a position to which he had been appointed by President Reagan in 1982.

<span class="mw-page-title-main">Gerald Bard Tjoflat</span> American judge

Gerald Bard Tjoflat is an American lawyer and Senior United States circuit judge of the United States Court of Appeals for the Eleventh Circuit. He previously served as a U.S. district judge on the U.S. District Court for the Middle District of Florida from 1970 to 1975 and as a state court judge on the Fourth Judicial Circuit of Florida from 1968 to 1970.

During President Ronald Reagan's presidency, he nominated two people for the Supreme Court and at least twelve people for various federal appellate judgeships who were not confirmed. In some cases, the nominations were not processed by the Democratic-controlled Senate Judiciary Committee before Reagan's presidency ended, while in other cases, nominees were rejected by the Senate Judiciary Committee or even blocked by unfriendly members of the Republican Party. Three of the nominees were renominated by Reagan's successor, President George H. W. Bush. Two of the nominees, Ferdinand Francis Fernandez and Guy G. Hurlbutt, were nominated after July 1, 1988, the traditional start date of the unofficial Thurmond Rule during a presidential election year. Eight of the thirteen seats eventually were filled by appointees of President George H. W. Bush.

President Bill Clinton made two appointments to the Supreme Court of the United States, both during his first term.

Speculation abounded over potential nominations to the Supreme Court of the United States by George H. W. Bush even before his presidency officially began, given the advanced ages of several justices.

During his time in office, President Gerald Ford made one appointment to the Supreme Court of the United States. Ford nominated John Paul Stevens to replace Associate Justice William O. Douglas, whom Ford had unsuccessfully attempted to initiate impeachment proceedings against as a congressman.

President Richard Nixon entered office in 1969 with Chief Justice Earl Warren having announced his retirement from the Supreme Court of the United States the previous year. Nixon appointed Warren E. Burger to replace Earl Warren, and during his time in office appointed three other members of the Supreme Court: Associate Justices Harry Blackmun, Lewis F. Powell, and William Rehnquist. Nixon also nominated Clement Haynsworth and G. Harrold Carswell for the vacancy that was ultimately filled by Blackmun, but the nominations were rejected by the United States Senate. Nixon's failed Supreme Court nominations were the first since Herbert Hoover's nomination of John J. Parker was rejected by the Senate.

<span class="mw-page-title-main">Anthony Kennedy</span> US Supreme Court justice from 1988 to 2018

Anthony McLeod Kennedy is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was considered the swing vote on many of the Roberts Court's 5–4 decisions.

<span class="mw-page-title-main">Nomination and confirmation to the Supreme Court of the United States</span> Political process

The nomination and confirmation of justices to the Supreme Court of the United States involves several steps, the framework for which is set forth in the United States Constitution. Specifically, Article II, Section 2, Clause 2, provides that the president of the United States nominates a justice and that the United States Senate provides advice and consent before the person is formally appointed to the Court. It also empowers a president to temporarily, under certain circumstances, fill a Supreme Court vacancy by means of a recess appointment. The Constitution does not set any qualifications for service as a justice, thus the president may nominate any individual to serve on the Court.

<span class="mw-page-title-main">Merrick Garland Supreme Court nomination</span> United States Supreme Court nomination

On March 16, 2016, President Barack Obama nominated Merrick Garland for Associate Justice of the Supreme Court of the United States to succeed Antonin Scalia, who had died one month earlier. At the time of his nomination, Garland was the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit.

<span class="mw-page-title-main">Donald Trump Supreme Court candidates</span> Persons nominated or considered for nomination

With the advice and consent of the United States Senate, the president of the United States appoints the members of the Supreme Court of the United States, which is the highest court of the federal judiciary of the United States. Following his victory in the 2016 presidential election, Republican Donald Trump took office as president on January 20, 2017, and faced an immediate vacancy on the Supreme Court due to the February 2016 death of Associate Justice Antonin Scalia.

References

  1. ↑ David M. O'Brien, Storm Center, Sixth Edition (2003), p. 69.
  2. ↑ The National Journal (November 1, 1980), Vol. 12, No. 44; Pg. 1838.
  3. 1 2 3 4 5 6 7 8 9 David M. O'Brien, Storm Center, Sixth Edition (2003), p. 70.
  4. 1 2 "U.S. Senate Roll Call Votes — Nomination of Sandra Day O'Connor" (PDF). senate.gov.
  5. ↑ "Senate – September 21, 1981" (PDF). Congressional Record . U.S. Government Printing Office. 127 (16): 21375. Retrieved February 20, 2022.
  6. 1 2 3 U.S. Senate Roll Call Votes — Nomination of William Rehnquist, senate.gov
  7. ↑ "Senate — September 17, 1986" (PDF). Congressional Record . U.S. Government Printing Office. 132 (17): 23803. Retrieved February 12, 2022.
  8. 1 2 "U.S. Senate Roll Call Votes — Nomination of Antonin Scalia" (PDF). senate.gov.
  9. ↑ David M. O'Brien, Storm Center, Sixth Edition (2003), p. 71.
  10. ↑ "Senate — September 17, 1986" (PDF). Congressional Record . U.S. Government Printing Office. 132 (17): 23813. Retrieved February 12, 2022.
  11. 1 2 Manuel Miranda (2005-08-24). "The Original Borking". Wall Street Journal . Retrieved 2007-08-10.
  12. ↑ Memorandum for the Counselor to the Attorney General, from Charles J. Cooper, Assistant Attorney General, Office of Legal Counsel, Re: Ineligibility of Sitting Congressman to Assume a Vacancy on the Supreme Court (Aug. 24, 1987)
  13. ↑ Volokh, Eugene (2008-11-24). "Hillary Clinton and the Emoluments Clause" (Blog). The Volokh Conspiracy. Retrieved 2008-11-25.
  14. 1 2 Molotsky, Irvin (1987-06-28). "Inside Fight Seen Over Court Choice" (Special). The New York Times . Retrieved 2008-11-25.
  15. ↑ Church, George J.; Beckwith, David; Constable, Anne (1987-07-06). "The Court's Pivot Man". Time . Archived from the original (Article) on December 3, 2008. Retrieved 2008-11-25.
  16. ↑ Reston, James (July 5, 1987). "WASHINGTON; Kennedy And Bork". The New York Times. Retrieved 2008-04-28.
  17. ↑ "Robert H. Bork". Harper Collins. Retrieved 2008-10-26.
  18. ↑ Damon W. Root (2008-09-09). "Straight Talk Slowdown". Reason. Retrieved 2008-10-26.
  19. ↑ Gail Russell Chaddock (2005-07-07). "Court nominees will trigger rapid response". Christian Science Monitor . Retrieved 2007-08-10.
  20. ↑ New Views Emerge of Bork's Role in Watergate Dismissals, The New York Times.
  21. ↑ "The Bork Tapes Saga". The American Porch. Archived from the original on 2007-10-09. Retrieved 2007-08-17.
  22. ↑ Almanac of American Politics 2008, p. 364.
  23. 1 2 Bronner, Ethan (1989). Battle for Justice: How the Bork Nomination Shook America. W. W. Norton. ISBN   0-393-02690-6. pp. 138–139, 214, 305.
  24. 1 2 3 Greenhouse, Linda (1987-10-08). "Washington Talk: The Bork Hearings; For Biden: Epoch of Belief, Epoch of Incredulity". The New York Times .
  25. 1 2 U.S. Senate Roll Call Votes - Nomination of Robert Bork, senate.gov
  26. ↑ Nina Totenberg, NPR Biography.
  27. ↑ The Washington Post: "Media Frenzies in Our Time".
  28. ↑ Hall, Kermit, ed., The Oxford Companion to the Supreme Court of the United States, page 339, Oxford Press, 1992.
  29. ↑ "U.S. Senate Roll Call Votes — Nomination of Anthony Kennedy" (PDF). senate.gov.
  30. ↑ "Anthony M. Kennedy". Supreme Court Historical Society. 1999. Archived from the original on 2007-11-03. Retrieved 2007-11-12.
  31. ↑ Greenburg, Jan Crawford. Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court.2007. Penguin Books. Page 53.
  32. ↑ Greenburg, Jan Crawford. Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court.2007. Penguin Books. Page 54.
  33. 1 2 3 Greenburg, Jan Crawford. Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court.2007. Penguin Books. Page 55.
  34. 1 2 Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 189.
  35. 1 2 3 4 5 6 7 8 "Advisers Said to Narrow Choice for Seat on Court", The New York Times (June 23, 1981), A-15, Column 2.
  36. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Elizabeth Olson, "Reagan may have strong hand over high court", United Press International (November 9, 1980).
  37. 1 2 3 4 Greenhouse, Linda (1987-10-29). "A NEW CONTENDER IS SEEN FOR COURT". The New York Times . Retrieved 2009-05-17.
  38. 1 2 3 4 5 Biskupic, Joan (2005). Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice. Ecco Press. pp.  75–76. ISBN   978-0-06-059018-5.
  39. ↑ ‘KC Judge Being Considered for Vacancy: Appellate Jurist Was also Mentioned for High Court Opening in 1987’; The Kansas City Star , July 22, 1990, p. 2.
  40. ↑ ‘Administration About To Name California’s Kennedy to Court’; San Francisco Examiner , November 10, 1987, pp. 1, 5.
  41. 1 2 Yalof, David Alistair (1999). Pursuit of Justices: Presidential Politics and the Selection of Supreme Court Nominees from Herbert Hoover to George W. Bush. University of Chicago Press. p. 162. ISBN   0226945456.
  42. ↑ Gehrke, Robert (August 18, 2015). "LDS apostle was studied for '81 court". Salt Lake Tribune . Retrieved August 21, 2022.
  43. 1 2 3 Steven R. Weisman, "Reagan Aides Say 'Short List' of Candidates for Court is Ready", The New York Times (July 1, 1981), A-19, Column 1.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.