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.
On July 20, 1990, this speculation became newsworthy, due to the announcement of the immediate retirement (and assumption of
senior status
) of Associate Justice
William J. Brennan, Jr.
[1]
President
George H. W. Bush
announced
David Souter
as Brennan's replacement just four days later,
[2]
and Souter was confirmed by the
United States Senate
on October 2, 1990, in a 90?9 vote.
[3]
[4]
On June 27, 1991, Associate Justice
Thurgood Marshall
announced his retirement (and assumption of
senior status
), effective October 1, 1991.
[5]
[6]
President
George H. W. Bush
announced
Clarence Thomas
as Marshall's replacement just five days later.
[7]
After a confirmation process filled with allegations of
sexual harassment
, Thomas was confirmed by the
United States Senate
on October 15, 1991, in a 52?48 vote.
[8]
Overview
[
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]
Throughout much of the history of the
United States
, the
Supreme Court of the United States
was clearly the least powerful branch of the government, just as is often considered the Founding Fathers' intention, and nominations to that body, although important, were not the source of great political controversy as they are today. Furthermore, Bush's Supreme Court nominations came shortly after the controversial and failed nomination by President
Ronald Reagan
of
Robert Bork
to the Supreme Court in 1987.
Politics
[
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]
Bush showed less interest in issues relating to the Supreme Court than other presidents before and after him.
[9]
Upon Souter's nomination, Bush made clear that he had no litmus test for court appointees. "You might just think that the whole nomination had something to do with abortion," Bush told reporters upon nominating Souter. "It's something much broader than that. I have too much respect for the Supreme Court for that."
[2]
David Souter nomination
[
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]
After
William Brennan
announced his retirement on July 20, 1990, Bush moved swiftly to identify a replacement. The
New York Times
published a story with a long list of potential nominees whose names had been mentioned.
[1]
However, ultimately, Bush narrowed down his list on Sunday, July 22, 1990, to just five candidates, all federal appeals court judges:
Edith Jones
,
Laurence H. Silberman
,
David Souter
,
Kenneth Starr
and
Clarence Thomas
.
[10]
Bush was most interested in nominating Thomas, but he and his staff struggled with four issues surrounding Thomas: 1) his short tenure as a judge up to that point (just eight months on the
United States Court of Appeals for the District of Columbia Circuit
); 2) the fact that Thomas' appointment at that time would mean that there would be two African-American men on a court of just nine individuals; 3) Bush was saving Thomas for Thurgood Marshall's seat when he eventually retired; and 4) both Attorney General
Dick Thornburgh
and Counsel to President Bush
C. Boyden Gray
told the president that they felt that Thomas was not yet ready.
[10]
[11]
[12]
There were also challenges involving several of the other candidates on Bush's short list. Gray's favorite choice for the seat was Jones,
[13]
whom Bush formally interviewed for the job. However, Jones was expected to provoke a confirmation battle, given her active history in partisan politics, her frequent appearances at meetings of the
Federalist Society
and her work with the
Andrews Kurth
law firm where then-Secretary of State
James Baker
had been a partner.
[10]
Silberman also was thought to provoke a confirmation battle in part because his legal views were thought to be similar to those of Chief Justice
William Rehnquist
and Associate Justice
Antonin Scalia
and also because Silberman had joined a ruling overturning one of
Oliver North
's convictions regarding the
Iran?Contra affair
.
[10]
Ultimately, Bush chose Souter on July 24, 1990, and Souter was confirmed by the
United States Senate
on October 2, 1990, in a 90?9 vote.
[3]
[4]
The senators voting against the Souter nomination were
Brock Adams
(D-WA),
Daniel Akaka
(D-HI),
Bill Bradley
(D-NJ),
Quentin Burdick
(D-ND),
Alan Cranston
(D-CA),
Edward Kennedy
(D-MA),
John Kerry
(D-MA),
Frank Lautenberg
(D-NJ), and
Barbara Mikulski
(D-MD). Senator
Pete Wilson
(R-CA) did not vote.
[4]
Clarence Thomas nomination
[
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]
After
Thurgood Marshall
announced his retirement on June 27, 1991, Bush considered only two choices: Thomas and
United States Court of Appeals for the Fifth Circuit
judge
Emilio M. Garza
.
[7]
Bush's strategists told the New York Times that all things being equal, Bush would have preferred to choose Garza. And while White House Chief of Staff
John H. Sununu
strongly favored Garza, Gray and Thornburgh had argued that Garza was "not ready," given that Garza had only been on the Fifth Circuit for a few weeks.
[7]
In addition, Thomas had been widely believed to be in the process of being groomed for an eventual Supreme Court appointment since his 1989 appointment by Bush to the
United States Court of Appeals for the District of Columbia Circuit
.
[7]
Ultimately, on July 2, 1991, Bush chose Thomas as Marshall's replacement. And after a contentious confirmation process that involved allegations of
sexual harassment
by Thomas, the
United States Senate
confirmed Thomas in a 52?48 vote on October 15, 1991.
Names frequently mentioned
[
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]
Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Bush or being the most likely potential nominees for a Supreme Court appointment under Bush:
United States courts of appeals
[
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]
United States senators
[
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]
Executive branch officials
[
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]
Other backgrounds
[
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]
See also
[
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]
References
[
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]
- ^
a
b
c
d
e
f
g
h
i
j
k
Greenhouse, Linda
.
"VACANCY ON THE COURT; BRENNAN, KEY LIBERAL, QUITS SUPREME COURT; BATTLE FOR SEAT LIKELY"
,
New York Times
, July 21, 1990.
- ^
a
b
Dowd, Maureen
.
"SOUTER, NEW HAMPSHIRE JUDGE, NAMED BY BUSH FOR HIGH COURT; NO 'LITMUS TEST,' PRESIDENT SAYS"
,
New York Times
, July 24, 1990.
- ^
a
b
David Hackett Souter
at the
Biographical Directory of Federal Judges
, a publication of the
Federal Judicial Center
.
- ^
a
b
c
U.S. Senate Roll Call Votes ? Nomination of David Souter
- ^
Thurgood Marshall
at the
Biographical Directory of Federal Judges
, a publication of the
Federal Judicial Center
.
- ^
Greenhouse, Linda
.
"Thurgood Marshall, Civil Rights Hero, Dies at 84"
,
New York Times
, January 25, 1993.
- ^
a
b
c
d
e
f
g
Dowd, Maureen
.
"THE SUPREME COURT; CONSERVATIVE BLACK JUDGE, CLARENCE THOMAS, IS NAMED TO MARSHALL'S COURT SEAT"
,
New York Times
, July 2, 1991.
- ^
U.S. Senate Roll Call Votes ? Nomination of Clarence Thomas
- ^
Toobin, Jeffrey
(2007).
The Nine: Inside the Secret World of the Supreme Court
. Doubleday. p.
20
.
ISBN
978-0-385-51640-2
.
- ^
a
b
c
d
Yarbrough, Tinsley
(2005).
David Hackett Souter
.
Oxford University Press
. pp.
103?104
.
ISBN
0-19-515933-0
.
- ^
Parmet, Herbert
(1997).
George Bush: The Life of a Lone Star Yankee
.
Scribner
.
ISBN
978-0684194523
.
- ^
Greene, John Robert
(1999).
The Presidency of George Bush
.
University Press of Kansas
.
ISBN
978-0700609932
.
- ^
Podhoretz, John
(1993).
Hell of a Ride: Backstage at the White House Follies 1989?1993
.
Simon & Schuster
.
ISBN
0-671-79648-8
.
- ^
a
b
c
Crawford Greenburg, Jan
.
Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court
. Penguin (Non-Classics).
ISBN
978-0-14-311304-1
.
- ^
‘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
- ^
‘Possible Successors’;
The Cincinnati Enquirer
, July 22, 1990, p. A4
- ^
Sofaer bio
Archived
2009-01-31 at the
Wayback Machine
Hoover Institution. Retrieved 2-28-09.
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