The Tempting of America is a 1990 non-fiction book by former United States Court of Appeals judge Robert Bork. Published three years after the U. S. Senate rejected Bork's nomination to the United States Supreme Court, the book offers a personal account of the nomination battle, argues for an originalist approach to constitutional interpretation, and warns against what Bork sees as the politicization of American law. The book spent sixteen weeks on The New York Times non-fiction bestseller list. [1]
The New York Times Best Seller list is widely considered the preeminent list of best-selling books in the United States. Since October 12, 1931, The New York Times Book Review has published the list weekly. In the 21st century, it has evolved into multiple lists, grouped by genre and format, including fiction and nonfiction, hardcover, paperback and electronic.
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.
David Hackett Souter is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat that had been vacated by William J. Brennan Jr., Souter sat on both the Rehnquist and the Roberts courts.
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.
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.
Slouching Towards Gomorrah: Modern Liberalism and American Decline is a 1996 non-fiction book by Robert H. Bork, a former United States Court of Appeals judge. Bork's thesis in the book is that U.S. and more generally Western culture is in a state of decline and that the cause of this decline is modern liberalism and the rise of the New Left. Specifically, he attacks modern liberalism for what he describes as its dual emphases on radical egalitarianism and radical individualism. The title of the book is a play on the last couplet of W. B. Yeats's poem "The Second Coming": "And what rough beast, its hour come round at last, / Slouches towards Bethlehem to be born?" Bork contends that the "rough beast of decadence … now sends us slouching towards our new home, not Bethlehem but Gomorrah." More directly, the title borrows from Joan Didion's Slouching Towards Bethlehem.
David Ebershoff is an American writer, editor, and teacher. His debut novel, The Danish Girl, was adapted into an Academy Award-winning film of the same name in 2015, while his third novel, The 19th Wife, was adapted into a television movie of the same name in 2010.
On July 1, 1991, President George H. W. Bush nominated Clarence Thomas for the Supreme Court of the United States to replace Thurgood Marshall, who had announced his retirement. At the time of his nomination, Thomas was a judge on the United States Court of Appeals for the District of Columbia Circuit; President Bush had appointed him to that position in March 1990.
An American Life is the 1990 autobiography of former American President Ronald Reagan. Released almost two years after Reagan left office, the book reached number eight on The New York Times Best Seller list. The book was largely ghostwritten by journalist Robert Lindsey.
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.
The Nine: Inside the Secret World of the Supreme Court is a 2007 non-fiction book by legal analyst Jeffrey Toobin. Based in part on exclusive interviews with the justices and former law clerks, Toobin profiles the justices of the United States Supreme Court, the functioning of that institution, and how it has changed over the years. The book covers the years from 1994 to 2005.
Gerald Bard Tjoflat is an American lawyer and Senior United States circuit judge of the United States Court of Appeals for the Eleventh Circuit.
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.
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". 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".
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.
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.
Richard Gary Taranto is a United States circuit judge of the United States Court of Appeals for the Federal Circuit.
Andrew Gerald McBride Jr. was an American attorney based in Washington, D.C., and a former U.S. Supreme Court law clerk, U.S. Department of Justice official, and Assistant United States Attorney.
Since the creation of the Senate Committee on the Judiciary in 1816, many, but not all, nominations for the Supreme Court of the United States have been first referred to a committee for review prior to facing a confirmation vote before the full United States Senate. Some nominations have been withdrawn, lapsed, or been postponed without being referred to the Judiciary Committee, while some others up until 1941 had proceeded to full Senate confirmation votes without first being reviewed by the Judiciary Committee. However, ever since 1941, all nominations have been referred to the Judiciary Committee.