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Ronald Reagan Supreme Court candidates

October 26, 2023

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]

Sandra Day O'Connor nomination Edit

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 Edit

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 Edit

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 Edit

 
Bork (right) with President Ronald Reagan, 1987

Robert Bork selection Edit

Main article: Robert Bork Supreme Court nomination

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 Edit

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][a] 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 Edit

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 Edit

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) Edit

United States Courts of Appeals Edit

 

United States District Courts Edit

State Supreme Courts Edit

Administration officials Edit

Other backgrounds Edit

See also Edit

Notes Edit

  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]

References Edit

  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. ^ a b c d e f g h i David M. O'Brien, Storm Center, Sixth Edition (2003), p. 70.
  4. ^ a b "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. ^ a b c 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. ^ a b "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. ^ a b 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. ^ a b 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). . 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 American Porch. Archived from the original on 2007-10-09. Retrieved 2007-08-17.
  22. ^ Almanac of American Politics 2008, p. 364.
  23. ^ a b 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. ^ a b c Greenhouse, Linda (1987-10-08). "Washington Talk: The Bork Hearings; For Biden: Epoch of Belief, Epoch of Incredulity". The New York Times.
  25. ^ a b 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. ^ . 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. ^ a b c 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. ^ a b Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 189.
  35. ^ a b c d e f g h "Advisers Said to Narrow Choice for Seat on Court", The New York Times (June 23, 1981), A-15, Column 2.
  36. ^ a b c d e f g h i j k l m n o p q Elizabeth Olson, "Reagan may have strong hand over high court", United Press International (November 9, 1980).
  37. ^ a b c d Greenhouse, Linda (1987-10-29). "A NEW CONTENDER IS SEEN FOR COURT". The New York Times. Retrieved 2009-05-17.
  38. ^ a b c d e 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. ^ a b 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. ^ a b c 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.

October 26, 2023
ronald, reagan, supreme, court, candidates, speculation, abounded, over, potential, nominations, supreme, court, united, states, ronald, reagan, even, before, presidency, officially, began, advanced, ages, several, justices, reagan, highlighting, supreme, cour. 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 1 Sandra Day O Connor nomination 2 William Rehnquist elevation 3 Antonin Scalia nomination 4 Anthony Kennedy nomination 4 1 Robert Bork selection 4 2 Douglas Ginsburg selection 4 3 Anthony Kennedy selection 5 Names frequently mentioned 5 1 United States Supreme Court considered for elevation to Chief Justice 5 2 United States Courts of Appeals 5 3 United States District Courts 5 4 State Supreme Courts 5 5 Administration officials 5 6 Other backgrounds 6 See also 7 Notes 8 ReferencesSandra Day O Connor nomination EditDuring 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 EditIn 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 EditAfter 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 Edit nbsp Bork right with President Ronald Reagan 1987Robert Bork selection Edit Main article Robert Bork Supreme Court nomination 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 Edit 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 a 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 Edit 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 EditFollowing 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 Edit William Rehnquist 1924 2005 nominated and elevated Byron R White 3 1917 2002 Sandra Day O Connor 3 born 1930 United States Courts of Appeals Edit nbsp Court of Appeals for the Second Circuit Amalya L Kearse 35 36 born 1937 Ralph K Winter Jr 3 1935 2020 Court of Appeals for the Third Circuit A Leon Higginbotham Jr 36 1928 1998 Court of Appeals for the Fourth Circuit William W Wilkins Jr 37 born 1942 Court of Appeals for the Fifth Circuit Patrick Higginbotham 3 born 1938 Court of Appeals for the Sixth Circuit Cornelia Groefsema Kennedy 3 35 36 38 1923 2014 Court of Appeals for the Eighth Circuit Pasco Bowman II born 1933 39 40 Court of Appeals for the Ninth Circuit Anthony Kennedy born 1936 Nominated and Confirmed 36 37 J Clifford Wallace 3 35 born 1928 Court of Appeals for the Eleventh Circuit Gerald Bard Tjoflat born 1929 41 Court of Appeals for the D C Circuit Robert Bork 1927 2012 Nomination rejected 36 Douglas H Ginsburg born 1946 Nomination withdrawn 37 Antonin Scalia 1936 2016 Nominated and Confirmed Malcolm Wilkey 36 1918 2009 United States District Courts Edit Charles E Simons Jr 1916 1999 chief judge of the United States District Court for the District of South Carolina 35 Sam C Pointer Jr 1934 2008 judge United States District Court for the Northern District of Alabama 41 State Supreme Courts Edit Mary Stallings Coleman 1914 2001 Chief Justice of the Michigan Supreme Court 3 C Bruce Littlejohn 1913 2007 Associate Justice of the South Carolina Supreme Court 35 Dallin H Oaks born 1932 Associate Justice of the Utah Supreme Court 42 Frank Richardson 1914 1999 Associate Justice of the California Supreme Court 36 Susie Marshall Sharp 1907 1996 Chief Justice of the North Carolina Supreme Court 3 David H Souter born 1939 Associate Justice of the New Hampshire Supreme Court Nominated in 1990 by George H W Bush and Confirmed 37 Administration officials Edit William P Clark 1931 2013 Deputy Secretary of State 35 36 43 Elizabeth Dole born 1936 assistant to the President for public liaison later Secretary of Transportation 35 36 43 Edwin Meese born 1931 Counselor to the President and later Attorney General 43 William French Smith 1917 1990 Attorney General 35 36 Other backgrounds Edit Anne Armstrong 1927 2008 former ambassador to Britain 36 Sylvia Bacon 1931 2023 District of Columbia superior court judge 36 38 William Thaddeus Coleman Jr 1920 2017 former United States Secretary of Transportation 36 Orrin Hatch 1934 2022 senator from Utah 14 Rita Hauser born 1934 former representative to the United Nations Commission on Human Rights 36 38 Carla Anderson Hills born 1934 former United States Secretary of Housing and Urban Development 36 38 Mildred Lillie 1915 2002 California appeals court Judge 36 38 Wade H McCree 1920 1987 former United States Solicitor General 36 Sandra Day O Connor born 1930 judge of the Arizona Court of Appeals Nominated and Confirmed See also EditUnited States federal judge Judicial appointment history for United States federal courtsNotes Edit 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 References Edit David M O Brien Storm Center Sixth Edition 2003 p 69 The National Journal November 1 1980 Vol 12 No 44 Pg 1838 a b c d e f g h i David M O Brien Storm Center Sixth Edition 2003 p 70 a b U S Senate Roll Call Votes Nomination of Sandra Day O Connor PDF senate gov Senate September 21 1981 PDF Congressional Record U S Government Printing Office 127 16 21375 Retrieved February 20 2022 a b c U S Senate Roll Call Votes Nomination of William Rehnquist senate gov Senate September 17 1986 PDF Congressional Record U S Government Printing Office 132 17 23803 Retrieved February 12 2022 a b U S Senate Roll Call Votes Nomination of Antonin Scalia PDF senate gov David M O Brien Storm Center Sixth Edition 2003 p 71 Senate September 17 1986 PDF Congressional Record U S Government Printing Office 132 17 23813 Retrieved February 12 2022 a b Manuel Miranda 2005 08 24 The Original Borking Wall Street Journal Retrieved 2007 08 10 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 Volokh Eugene 2008 11 24 Hillary Clinton and the Emoluments Clause Blog The Volokh Conspiracy Retrieved 2008 11 25 a b Molotsky Irvin 1987 06 28 Inside Fight Seen Over Court Choice Special The New York Times Retrieved 2008 11 25 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 Reston James July 5 1987 WASHINGTON Kennedy And Bork The New York Times Retrieved 2008 04 28 Robert H Bork Harper Collins Retrieved 2008 10 26 Damon W Root 2008 09 09 Straight Talk Slowdown Reason Retrieved 2008 10 26 Gail Russell Chaddock 2005 07 07 Court nominees will trigger rapid response Christian Science Monitor Retrieved 2007 08 10 New Views Emerge of Bork s Role in Watergate Dismissals The New York Times The Bork Tapes Saga The American Porch Archived from the original on 2007 10 09 Retrieved 2007 08 17 Almanac of American Politics 2008 p 364 a b 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 a b c Greenhouse Linda 1987 10 08 Washington Talk The Bork Hearings For Biden Epoch of Belief Epoch of Incredulity The New York Times a b U S Senate Roll Call Votes Nomination of Robert Bork senate gov Nina Totenberg NPR Biography The Washington Post Media Frenzies in Our Time Hall Kermit ed The Oxford Companion to the Supreme Court of the United States page 339 Oxford Press 1992 U S Senate Roll Call Votes Nomination of Anthony Kennedy PDF senate gov Anthony M Kennedy Supreme Court Historical Society 1999 Archived from the original on 2007 11 03 Retrieved 2007 11 12 Greenburg Jan Crawford Supreme Conflict The Inside Story of the Struggle for Control of the United States Supreme Court 2007 Penguin Books Page 53 Greenburg Jan Crawford Supreme Conflict The Inside Story of the Struggle for Control of the United States Supreme Court 2007 Penguin Books Page 54 a b c Greenburg Jan Crawford Supreme Conflict The Inside Story of the Struggle for Control of the United States Supreme Court 2007 Penguin Books Page 55 a b Greenhouse Linda Becoming Justice Blackmun Times Books 2005 Page 189 a b c d e f g h Advisers Said to Narrow Choice for Seat on Court The New York Times June 23 1981 A 15 Column 2 a b c d e f g h i j k l m n o p q Elizabeth Olson Reagan may have strong hand over high court United Press International November 9 1980 a b c d Greenhouse Linda 1987 10 29 A NEW CONTENDER IS SEEN FOR COURT The New York Times Retrieved 2009 05 17 a b c d e 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 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 Administration About To Name California s Kennedy to Court San Francisco Examiner November 10 1987 pp 1 5 a b 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 Gehrke Robert August 18 2015 LDS apostle was studied for 81 court Salt Lake Tribune Retrieved August 21 2022 a b c 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 Retrieved from https en wikipedia org w index php title Ronald Reagan Supreme Court candidates amp oldid 1178089057, wikipedia, wiki, book, books, library,

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