Bush Supreme Court candidates
Encyclopedia
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
since before his presidency.
In the summer of 2005, this speculation became newsworthy due to the announcement of the retirement of Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
on July 1. President Bush announced federal appellate judge John Roberts as O'Connor's replacement on July 19.
On September 5, two days after the death of Chief Justice William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
, Bush renominated Roberts as the 17th Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
. He was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on September 29, 2005.
On October 3, Bush nominated White House Counsel Harriet Miers
Harriet Miers
Harriet Ellan Miers is an American lawyer and former White House Counsel. In 2005, she was nominated by President George W. Bush to be an Associate Justice of the U.S...
to succeed O'Connor. However, Miers withdrew her nomination on October 27 after facing significant opposition.
On October 31, Bush nominated another federal appellate judge, Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
, as his new choice to replace O'Connor. Alito was confirmed as the 110th Justice of the Supreme Court on January 31, 2006.
Overview
Throughout much of the history of the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
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. Until the death of Chief Justice Rehnquist, the composition of the Supreme Court had remained unchanged since 1994, the second longest time period without a membership change in U.S. history (the longest having been from 1812–1823).
Furthermore, the current court has been sharply divided on a number of high-profile issues, including abortion rights
Abortion debate
The abortion debate refers to discussion and controversy surrounding the moral and legal status of abortion. The two main groups involved in the abortion debate are the self-described "pro-choice" movement and the "pro-life" movement...
, affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
, the extent of Congressional power under the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
, eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
, gay rights, the separation of church and state under the Establishment Clause, sovereign immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
, and states' rights
States' rights
States' rights in U.S. politics refers to political powers reserved for the U.S. state governments rather than the federal government. It is often considered a loaded term because of its use in opposition to federally mandated racial desegregation...
. The number of close votes in cases involving these areas suggests that a change of one or two key justices could completely shift the thinking of the Court on such issues.
Politics
When asked about the kind of justices he would appoint to the Supreme Court, President George W. BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
responded:
"I would pick people that would be strict constructionists
Strict constructionism
In the United States, Strict constructionism refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation. The phrase is also commonly used more loosely as a generic term for conservatism among the judiciary.- Strict sense of the term :Strict...
. We've got plenty of lawmakers in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
Legislators make law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. Judges interpret the Constitution. ... And that's the kind of judge I'm going to put on there." In more detail, Bush in 1999 told reporter Fred Barnes
Fred Barnes (journalist)
Frederic W. Barnes is an American political commentator. He is the executive editor of the news publication The Weekly Standard and regularly appears on the Fox News Channel program Special Report with Bret Baier...
of the conservative magazine The Weekly Standard
The Weekly Standard
The Weekly Standard is an American neoconservative opinion magazine published 48 times per year. Its founding publisher, News Corporation, debuted the title September 18, 1995. Currently edited by founder William Kristol and Fred Barnes, the Standard has been described as a "redoubt of...
that he would nominate judges to the court in the mold of originalist
Originalism
In the context of United States constitutional interpretation, originalism is a principle of interpretation that tries to discover the original meaning or intent of the constitution. It is based on the principle that the judiciary is not supposed to create, amend or repeal laws but only to uphold...
Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
.
The filibuster
Soon after the inauguration of Bush as president in January 2001, many liberalLiberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
academics became worried that he would begin packing the federal judiciary with conservative
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
jurists. Yale law professor Bruce Ackerman
Bruce Ackerman
Bruce Arnold Ackerman is an American constitutional law scholar. He is a Sterling Professor at Yale Law School and one of the most frequently cited legal academics in the United States....
wrote an article in the February 2001 edition of the liberal magazine The American Prospect
The American Prospect
The American Prospect is a monthly American political magazine dedicated to American liberalism. Based in Washington, DC, The American Prospect is a journal "of liberal ideas, committed to a just society, an enriched democracy, and effective liberal politics" which focuses on United States politics...
that encouraged the use of the filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
to stop Bush from placing any nominee on the Supreme Court during his first term. In addition, law professors Cass Sunstein
Cass Sunstein
Cass R. Sunstein is an American legal scholar, particularly in the fields of constitutional law, administrative law, environmental law, and law and behavioral economics, who currently is the Administrator of the White House Office of Information and Regulatory Affairs in the Obama administration...
(University of Chicago) and Laurence Tribe
Laurence Tribe
Laurence Henry Tribe is a professor of constitutional law at Harvard Law School and the Carl M. Loeb University Professor at Harvard University. He also works with the firm Massey & Gail LLP on a variety of matters....
(Harvard), along with Marcia Greenberger of the National Women's Law Center
National Women's Law Center
The National Women's Law Center is a Washington, DC-based non-profit organization founded in 1972. Through litigation and policy initiatives, the Center strives to improve the lives of women and their families in the areas of health, employment, family economic security, and education...
, counseled Senate Democrats in April 2001 "to scrutinize judicial nominees more closely than ever." Specifically, they said, "there was no obligation to confirm someone just because they are scholarly or erudite."
On May 9, 2001, President Bush announced his first eleven court of appeals nominees in a special White House ceremony. There was immediate concern expressed by Senate Democrats and liberal groups like the Alliance for Justice
Alliance for Justice
Alliance for Justice is a national association of environmental, civil rights, mental health, women's, children's and consumer advocacy organizations in the USA....
. Democratic Senator Charles E. Schumer of New York said that the White House was "trying to create the most ideological bench in the history of the nation."
From June 2001 to January 2003, when the Senate was controlled by the Democrats, the most conservative appellate nominees were stalled in the Senate Judiciary Committee and never given hearings or committee votes. However, after the 2002 mid-term elections in which the Republicans regained control of the Senate by a 51-49 margin, these same nominees began to be moved through the now Republican-controlled Senate Judiciary Committee.
With no other way to block confirmation, the Senate Democrats started to filibuster judicial nominees. On February 12 2003, Miguel Estrada
Miguel Estrada
Miguel Angel Estrada Castañeda is an attorney who became embroiled in controversy following his 2001 nomination by President George W. Bush to the United States Court of Appeals for the District of Columbia Circuit...
, a nominee for the D.C. Circuit, became the first court of appeals nominee ever to be filibustered. Later, nine other conservative court of appeals nominees were also filibustered. These nine were Priscilla Owen
Priscilla Owen
Priscilla Richman Owen is a federal judge on the United States Court of Appeals for the Fifth Circuit. She was previously a Justice on the Texas Supreme Court.-Early life:...
, Charles W. Pickering
Charles W. Pickering
Charles Willis Pickering, Sr. is a retired federal judge who served on the United States Court of Appeals for the Fifth Circuit.- Background :...
, Carolyn Kuhl
Carolyn Kuhl
Carolyn Barbara Kuhl is a judge on the Superior Court of California for the County of Los Angeles and a former nominee to the United States Court of Appeals for the Ninth Circuit. She was born in St. Louis, Missouri.-Background:...
, David W. McKeague, Henry Saad
Henry Saad
Henry William Saad is a judge on the Michigan Court of Appeals and a former nominee to the United States Court of Appeals for the Sixth Circuit. He was born in Detroit, Michigan.-Background:...
, Richard Allen Griffin
Richard Allen Griffin
Richard Allen Griffin is a federal judge on the United States Court of Appeals for the Sixth Circuit. Previously, he was a judge on the Michigan Court of Appeals.- Background :...
, William H. Pryor, William Gerry Myers III and Janice Rogers Brown
Janice Rogers Brown
Janice Rogers Brown is a federal judge on the United States Court of Appeals for the District of Columbia Circuit. She previously was an Associate Justice of the California Supreme Court, holding that post from May 2, 1996 until her appointment to the D.C. Circuit.President George W. Bush...
. Three of the nominees (Estrada, Pickering and Kuhl) withdrew their nominations before the end of the 108th Congress.
The "nuclear option"
As a result of these ten filibusters, Senate Republicans began to threaten to change the existing Senate rules by using what Senator Trent LottTrent Lott
Chester Trent Lott, Sr. , is a former United States Senator from Mississippi and has served in numerous leadership positions in the House of Representatives and the Senate....
termed the "nuclear option". This change in rules would eliminate the use of the filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
to prevent judicial confirmation votes. However, with only a two vote majority, the Republicans were in a weak position to implement this procedural maneuver.
Things changed in 2005 due to the 2004 elections. With President Bush winning re-election by a narrow margin and the Republicans picking up further Senate seats (55-45) in the 109th Congress, the "nuclear option" became a more viable strategy to ensure confirmation. On May 24, 2005, seven moderate senators of each party, called the Gang of 14
Gang of 14
The Gang of 14 was a term coined to describe the bipartisan group of Senators in the 109th United States Congress who successfully negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called nuclear option over an organized use of the filibuster by Senate...
, in a deal to avoid the use of the "nuclear option", agreed to drop the filibuster against three of the seven remaining affected court of appeals nominees (Priscilla Owen
Priscilla Owen
Priscilla Richman Owen is a federal judge on the United States Court of Appeals for the Fifth Circuit. She was previously a Justice on the Texas Supreme Court.-Early life:...
, Janice Rogers Brown
Janice Rogers Brown
Janice Rogers Brown is a federal judge on the United States Court of Appeals for the District of Columbia Circuit. She previously was an Associate Justice of the California Supreme Court, holding that post from May 2, 1996 until her appointment to the D.C. Circuit.President George W. Bush...
, and William Pryor
William H. Pryor, Jr.
William Holcombe "Bill" Pryor, Jr. is a federal judge on the United States Court of Appeals for the Eleventh Circuit. Previously, he was the Attorney General of the State of Alabama from 1997 to 2004.-Background:...
) but not two others (Henry Saad
Henry Saad
Henry William Saad is a judge on the Michigan Court of Appeals and a former nominee to the United States Court of Appeals for the Sixth Circuit. He was born in Detroit, Michigan.-Background:...
and William Myers). In addition, the senators in the group agreed to block future judicial filibusters except in cases involving "extraordinary circumstances".
As a direct result of the deal, the two filibustered nominees not mentioned in it (David W. McKeague and Richard Allen Griffin
Richard Allen Griffin
Richard Allen Griffin is a federal judge on the United States Court of Appeals for the Sixth Circuit. Previously, he was a judge on the Michigan Court of Appeals.- Background :...
) were confirmed. Despite these agreements, however, some observers noted that the chances were still high that the Democrats would filibuster any of the ten originally filibustered nominees if he or she were later nominated to the Supreme Court, especially Owen, Pryor or Brown.
Although there has been a long history of Supreme Court nominees being rejected
Unsuccessful nominations to the Supreme Court of the United States
Justices of the Supreme Court of the United States are nominated by the President and are then confirmed by the Senate. Presidential administrations are listed with any unsuccessful Supreme Court nominees—that is, individuals who were nominated and who either declined their own nomination, failed...
, only one Supreme Court nominee has ever been filibustered. In 1968, Chief Justice nominee Abe Fortas
Abe Fortas
Abraham Fortas was a U.S. Supreme Court associate justice from 1965 to 1969. Originally from Tennessee, Fortas became a law professor at Yale, and subsequently advised the Securities and Exchange Commission. He then worked at the Interior Department under Franklin D...
was filibustered and withdrew after a short period.
During the summer of 2005, it was assumed that the Democrats would filibuster any Supreme Court nominee who would change the ideological composition of the court. Initially, this conjecture seemed to be borne out when conservative jurist John Roberts was renominated to replace conservative Chief Justice Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
. The confirmation process went relatively smoothly with no threat of a filibuster. Later, however, the hypothesis was disproved. When Bush chose another conservative appellate judge, Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
, to replace moderate Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
, opponents of Alito could not generate enough votes to prevent cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
from being invoked on his nomination. Very soon afterward, he was successfully confirmed.
Consultations with the U.S. Senate
As the 2004–2005 term of the Supreme Court ended, there was a flurry of rumors that Rehnquist, who was undergoing treatment for thyroid cancerThyroid cancer
Thyroid neoplasm is a neoplasm or tumor of the thyroid. It can be a benign tumor such as thyroid adenoma, or it can be a malignant neoplasm , such as papillary, follicular, medullary or anaplastic thyroid cancer. Most patients are 25 to 65 years of age when first diagnosed; women are more affected...
, would soon retire. On June 27, 2005, Senate Minority Leader Harry Reid
Harry Reid
Harry Mason Reid is the senior United States Senator from Nevada, serving since 1987. A member of the Democratic Party, he has been the Senate Majority Leader since January 2007, having previously served as Minority Leader and Minority and Majority Whip.Previously, Reid was a member of the U.S...
(D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
-Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
) suggested that the next appointment to the Court should come from outside the judiciary. Reid suggested the appointment of one of four Republican Senators, none of whom possessed previous judicial experience: Mel Martinez of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, Mike DeWine
Mike DeWine
Richard Michael "Mike" DeWine is the Attorney General for the state of Ohio. He has held numerous offices on the state and federal level, including Ohio State Senator, four terms as a U.S. Congressman, Ohio Lt. Governor, and was a two-term U.S. Senator, serving from 1995 to 2007.- Biography :Born...
of Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, Mike Crapo
Mike Crapo
Michael Dean "Mike" Crapo is the senior United States Senator from the state of Idaho and a member of the Republican Party.Born in the city of Idaho Falls, Crapo is a graduate of Brigham Young University and Harvard Law School. He practiced law in his home city throughout the 1980s, while...
of Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
and Lindsey Graham
Lindsey Graham
Lindsey Olin Graham is the senior U.S. Senator from South Carolina and a member of the Republican Party. Previously he served as the U.S. Representative for .-Early life, education and career:...
of South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
. The list did not include the name of Republican Senator John Cornyn
John Cornyn
John Cornyn, III is the junior United States Senator for Texas, serving since 2003. He is a member of the Republican Party. He was elected Chairman of the National Republican Senatorial Committee for the 111th U.S. Congress....
of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, a former justice on the Texas Supreme Court
Texas Supreme Court
The Supreme Court of Texas is the court of last resort for non-criminal matters in the state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort for criminal matters.The Court is composed of a Chief Justice and eight Associate Justices...
. Reid declined to address the omission.
Unexpectedly, on July 1, 2005, it was not Rehnquist who announced his retirement, but O'Connor. On July 12, Bush met at the White House with the party leaders and ranking Judiciary Committee members from the two major parties — Republicans Bill Frist
Bill Frist
William Harrison "Bill" Frist, Sr. is an American physician, businessman, and politician. He began his career as an heir and major stockholder to the for-profit hospital chain of Hospital Corporation of America. Frist later served two terms as a Republican United States Senator representing...
and Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
, and Democrats Reid and Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
— to discuss the nomination process. During the meeting, the Democrats offered the President the names of three "moderate" Hispanic
Hispanic
Hispanic is a term that originally denoted a relationship to Hispania, which is to say the Iberian Peninsula: Andorra, Gibraltar, Portugal and Spain. During the Modern Era, Hispanic sometimes takes on a more limited meaning, particularly in the United States, where the term means a person of ...
federal judges that they could accept: Sonia Sotomayor
Sonia Sotomayor
Sonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
of the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
, Edward Prado of the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
, and Ricardo Hinojosa
Ricardo Hinojosa
Ricardo H. Hinojosa is a United States federal judge, and served as the Chairman of the United States Sentencing Commission.Born in Rio Grande City, Texas, Hinojosa received a B.A. from the University of Texas, Austin in 1972, and a J.D. from Harvard Law School in 1975. He was a law clerk to the...
, a district court judge from Texas. Reid later told the press he was disappointed that the President had not chosen to discuss his own choice of possible candidates with the Democrats. In the conservative magazine National Review
National Review
National Review is a biweekly magazine founded by the late author William F. Buckley, Jr., in 1955 and based in New York City. It describes itself as "America's most widely read and influential magazine and web site for conservative news, commentary, and opinion."Although the print version of the...
, the three candidates suggested by the Democrats were quickly dismissed as being offered in bad faith because they were too liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
for a conservative president to seriously consider. Judge Sotomayor
Sonia Sotomayor
Sonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
was later nominated to the Supreme Court by Democratic President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
and confirmed as an Associate Justice in 2009.
On the same day as the meeting with the President, First Lady Laura Bush
Laura Bush
Laura Lane Welch Bush is the wife of the 43rd President of the United States, George W. Bush. She was the First Lady of the United States from January 20, 2001, to January 20, 2009. She has held a love of books and reading since childhood and her life and education have reflected that interest...
announced in an interview during an official visit to Africa a preference for her husband to nominate a woman to O'Connor's seat. Bush was surprised at his wife's public comments on the Supreme Court, but said he would be open to hearing her advice when she returned from her trip.
John Roberts nomination
On the evening of July 19, 2005, Bush announced his first Supreme Court nominee, John G. Roberts, Jr., a highly regarded former Supreme Court litigator and conservative judge on the D.C. Circuit Court of AppealsUnited States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
. During the day leading up to the announcement, there had been much media speculation that one of either two female judges on the Fifth Circuit would get the nod: moderate Edith Brown Clement
Edith Brown Clement
Edith "Joy" Brown Clement is a federal judge on the United States Court of Appeals for the Fifth Circuit.- Background :...
or conservative Edith H. Jones
Edith Jones
Edith Hollan Jones is the Chief Judge of the United States Court of Appeals for the Fifth Circuit.Jones graduated from Cornell University in 1971. She received her J.D. from The University of Texas School of Law in 1974...
. Clement was considered the frontrunner. About an hour before the televised announcement, however, information was leaked to the press concerning the choice of Roberts.
On September 3, 2005, Rehnquist died. Two days later, on the morning of September 5, Bush announced that he would switch Roberts' nomination and instead nominate him for the newly vacant post of Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
, once again leaving O'Connor's vacancy without a replacement nominee.
Possible O'Connor replacements
On September 6, Specter encouraged the President to fill O'Connor's position with a woman, saying that the Supreme Court should have a minimum of two female justices. On September 9, Laura Bush reiterated her previous wish to also see a female nominee.On the Thursday before Roberts' confirmation hearing, one of Reid's aides said that the nomination of several candidates said to be on the President's short list to replace O'Connor — conservative appellate Judges J. Michael Luttig
J. Michael Luttig
J. Michael Luttig is an American lawyer and a former federal appellate court judge.-Education and early work:Born in Tyler, Texas, Luttig graduated from Washington and Lee University in 1976. He then attended the University of Virginia School of Law, where he received his Juris Doctor degree in...
, Emilio Garza and Edith Jones
Edith Jones
Edith Hollan Jones is the Chief Judge of the United States Court of Appeals for the Fifth Circuit.Jones graduated from Cornell University in 1971. She received her J.D. from The University of Texas School of Law in 1974...
— would be unacceptable to the Democrats, implying that any of them would be filibustered. Several days later, Specter made it known that he felt that it was too early for Bush to elevate Attorney General Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
to the Supreme Court.
Roberts' confirmation hearing for Chief Justice was held from Monday, September 12, to Friday, September 16. During the week of the hearing, there was much talk that Priscilla Owen
Priscilla Owen
Priscilla Richman Owen is a federal judge on the United States Court of Appeals for the Fifth Circuit. She was previously a Justice on the Texas Supreme Court.-Early life:...
would be the next nominee, but columnist Robert Novak
Robert Novak
Robert David Sanders "Bob" Novak was an American syndicated columnist, journalist, television personality, author, and conservative political commentator. After working for two newspapers before serving for the U.S. Army in the Korean War, he became a reporter for the Associated Press and then for...
reported that by Friday, Reid had told Frist that Judge Owen would also be filibustered if chosen.
On Wednesday, September 21, Bush had another meeting with Senators Frist, Specter, Reid and Leahy to discuss possible Supreme Court nominations. On the day before, Laura Bush mentioned publicly for the third time that she would like to see a female nominee. At the same time, Reid stated that the nomination of any of the previously filibustered appellate nominees would be viewed by the Democrats as "a poke in the eye with a sharp stick". He restated this position during the meeting with the President when he warned against nominating either Brown or Owen. Again, Reid and Leahy offered the names of appeals court Judges Sonia Sotomayor
Sonia Sotomayor
Sonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
and Ed Prado and district court Judge Ricardo Hinojosa
Ricardo Hinojosa
Ricardo H. Hinojosa is a United States federal judge, and served as the Chairman of the United States Sentencing Commission.Born in Rio Grande City, Texas, Hinojosa received a B.A. from the University of Texas, Austin in 1972, and a J.D. from Harvard Law School in 1975. He was a law clerk to the...
. Again, Bush did not offer any names of his own to discuss. On Thursday, September 22, Roberts' nomination was voted out of the Senate Judiciary Committee by a bipartisan vote of 13-5.
During a press conference on Monday, September 26, Bush implied that his next nominee would be either a woman or a minority. In making his decision concerning O'Connor's replacement, he said he would keep in mind that, "diversity is one of the strengths of the country". John Roberts was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on Thursday, September 29, by a vote of 78-22 and was sworn in both privately and publicly later the same day.
During the evening of Sunday, October 2, John Fund
John Fund
John H. Fund is an American political journalist and conservative columnist. Currently a senior editor of The American Spectator,...
, a columnist for the Wall Street Journal, announced on the radio show of blogger Matt Drudge
Matt Drudge
Matthew Nathan Drudge is the American creator and editor of the Drudge Report, a news aggregation website. Drudge is self-described as being conservative and populist. Drudge has also authored a book and hosted a radio show and a television show.-Early years:Matthew Drudge was raised in Takoma...
that his sources had told him that the nominee would be moderate Hispanic Judge Consuelo M. Callahan
Consuelo María Callahan
Consuelo María Callahan is a federal judge on the United States Court of Appeals for the Ninth Circuit.-Background:...
of the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. The website ConfirmThem.com, however, reported on the same evening that the selection had been made in favor of conservative Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
Judge Karen J. Williams
Karen J. Williams
Karen J. Williams was a judge of the United States Court of Appeals for the Fourth Circuit, appointed in 1992 and serving as its Chief Judge from 2007 until her retirement in 2009. Williams was mentioned as a potential nominee to the United States Supreme Court during the administration of George W...
. On Monday, October 3, President Bush unexpectedly chose little-known White House Counsel
White House Counsel
The White House Counsel is a staff appointee of the President of the United States.-Role:The Counsel's role is to advise the President on all legal issues concerning the President and the White House...
Harriet Miers
Harriet Miers
Harriet Ellan Miers is an American lawyer and former White House Counsel. In 2005, she was nominated by President George W. Bush to be an Associate Justice of the U.S...
to be O'Connor's replacement on the court.
Harriet Miers nomination
- That her credentials under objective standards were not sufficient to qualify her for the position.
- That her nomination was the result of political cronyismCronyismCronyism is partiality to long-standing friends, especially by appointing them to positions of authority, regardless of their qualifications. Hence, cronyism is contrary in practice and principle to meritocracy....
. Because her legal career did not compare to those of other possible conservative female candidates (like federal appellate judges Edith JonesEdith JonesEdith Hollan Jones is the Chief Judge of the United States Court of Appeals for the Fifth Circuit.Jones graduated from Cornell University in 1971. She received her J.D. from The University of Texas School of Law in 1974...
, Karen J. WilliamsKaren J. WilliamsKaren J. Williams was a judge of the United States Court of Appeals for the Fourth Circuit, appointed in 1992 and serving as its Chief Judge from 2007 until her retirement in 2009. Williams was mentioned as a potential nominee to the United States Supreme Court during the administration of George W...
, Priscilla OwenPriscilla OwenPriscilla Richman Owen is a federal judge on the United States Court of Appeals for the Fifth Circuit. She was previously a Justice on the Texas Supreme Court.-Early life:...
, and Janice Rogers BrownJanice Rogers BrownJanice Rogers Brown is a federal judge on the United States Court of Appeals for the District of Columbia Circuit. She previously was an Associate Justice of the California Supreme Court, holding that post from May 2, 1996 until her appointment to the D.C. Circuit.President George W. Bush...
), many thought that President Bush probably nominated Miers for her personal loyalty to him rather than for her qualifications. - That there was no written record to demonstrate that she was either a strict constructionistStrict constructionismIn the United States, Strict constructionism refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation. The phrase is also commonly used more loosely as a generic term for conservatism among the judiciary.- Strict sense of the term :Strict...
or originalistOriginalismIn the context of United States constitutional interpretation, originalism is a principle of interpretation that tries to discover the original meaning or intent of the constitution. It is based on the principle that the judiciary is not supposed to create, amend or repeal laws but only to uphold...
in her approach to constitutional interpretation. Some conservatives feared that she would support abortion rights, affirmative actionAffirmative actionAffirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
and gay rights if ever confirmed to a seat on the Supreme Court.
On the morning of Thursday, October 27, 2005, President Bush "reluctantly" accepted Miers's request to withdraw her nomination.
Samuel Alito nomination
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
, a fifteen year veteran of the Third Circuit Court of Appeals
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
.
Alito's confirmation hearing was held from Monday, January 9, 2006, to Friday, January 13. On Tuesday, January 24, his nomination was voted out of the Senate Judiciary Committee on a 10-8 party line vote. Debate on the nomination began in the full Senate on Wednesday, January 25. Despite a last minute effort by Democratic Senator John Kerry
John Kerry
John Forbes Kerry is the senior United States Senator from Massachusetts, the 10th most senior U.S. Senator and chairman of the Senate Foreign Relations Committee. He was the presidential nominee of the Democratic Party in the 2004 presidential election, but lost to former President George W...
to filibuster, a cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
vote to end debate passed 72-25 on Monday, January 30. On the morning of Tuesday, January 31, Alito was confirmed to the Supreme Court by a vote of 58-42. He was sworn in privately later that same day. The next day, he was publicly sworn in.
Epilogue
At the end of the 109th Congress, the Gang of 14 deal expired. On November 7, 2006, the Democrats retook control in the 110th Congress. Starting in January 2007, they possessed a 51-49 majority in the Senate. As the new Senate majority, the Democrats easily blocked several conservative appellate judicial nominees without resorting to the filibusterFilibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
. Conservative appellate nominees like Peter Keisler
Peter Keisler
Peter D. Keisler is an American lawyer whose 2006 nomination by President George W. Bush to the United States Court of Appeals for the D.C. Circuit became embroiled in partisan controversy...
, Robert J. Conrad
Robert J. Conrad
Robert James Conrad, Jr. is a federal judge on the United States District Court for the Western District of North Carolina and a former nominee to the United States Court of Appeals for the Fourth Circuit to take the place of the retired James Dickson Phillips, Jr...
and Steve A. Matthews
Steve A. Matthews
Steve A. Matthews is an American lawyer and unsuccessful nominee to the United States Court of Appeals for the Fourth Circuit.-Background:...
were blocked in committee and never given a hearing. If a Supreme Court justice had chosen to retire during the 110th Congress, it would have been easy for the Democrats to have blocked his proposed replacement in committee, or even by a party-line vote on the Senate floor, if it somehow came to that. As it developed, no Supreme Court justice retired or died during the 110th Congress.
Names frequently mentioned
Following is a list of individuals who were mentioned in various news accounts as the most likely potential nominees for a Supreme Court appointment under Bush: United States Courts of AppealsUnited States courts of appealsThe United States courts of appeals are the intermediate appellate courts of the United States federal court system...
- Court of Appeals for the 2nd CircuitUnited States Court of Appeals for the Second CircuitThe United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
- Sonia SotomayorSonia SotomayorSonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
(born 1954) (later nominated and confirmedSonia Sotomayor Supreme Court nominationOn May 26, 2009, President Barack Obama announced his selection of Judge Sonia Sotomayor for Associate Justice of the Supreme Court of the United States, to replace retiring Justice David Souter. Sotomayor's nomination was formally submitted to the United States Senate on June 1, 2009, when the...
to the Supreme Court in 2009 by President ObamaBarack ObamaBarack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
)
- Sonia Sotomayor
- Court of Appeals for the 3rd CircuitUnited States Court of Appeals for the Third CircuitThe United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
- Samuel A. Alito, Jr.Samuel AlitoSamuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
(born 1950) (Nominated and ConfirmedSamuel Alito Supreme Court nominationOn October 31, 2005, Samuel Alito was nominated by President George W. Bush for Associate Justice of the Supreme Court of the United States to replace the retiring Sandra Day O'Connor. Alito had been a judge on the United States Court of Appeals for the Third Circuit since 1990 when he was...
)
- Samuel A. Alito, Jr.
- Court of Appeals for the 4th CircuitUnited States Court of Appeals for the Fourth CircuitThe United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
- J. Harvie Wilkinson IIIJames Harvie Wilkinson IIIJames Harvie Wilkinson III is a federal judge serving on the Fourth Circuit Court of Appeals. His name has been raised at several junctures in the past as a possible nominee to the United States Supreme Court.-Early life and career:...
(born 1944) - former Chief Judge - Karen J. WilliamsKaren J. WilliamsKaren J. Williams was a judge of the United States Court of Appeals for the Fourth Circuit, appointed in 1992 and serving as its Chief Judge from 2007 until her retirement in 2009. Williams was mentioned as a potential nominee to the United States Supreme Court during the administration of George W...
(born 1951) - former Chief Judge
- J. Harvie Wilkinson III
- Court of Appeals for the 5th CircuitUnited States Court of Appeals for the Fifth CircuitThe United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
- Edith Brown ClementEdith Brown ClementEdith "Joy" Brown Clement is a federal judge on the United States Court of Appeals for the Fifth Circuit.- Background :...
(born 1948) - Emilio M. GarzaEmilio M. GarzaEmilio Miller Garza is a judge on the United States Court of Appeals for the Fifth Circuit.Born in San Antonio, Texas, Garza graduated from the University of Notre Dame in 1969, receiving an MA there in 1970. He then joined the U.S. Marine Corps, in which he was an officer from 1970-1973...
(born 1947) - Edith H. JonesEdith JonesEdith Hollan Jones is the Chief Judge of the United States Court of Appeals for the Fifth Circuit.Jones graduated from Cornell University in 1971. She received her J.D. from The University of Texas School of Law in 1974...
(born 1949) - Chief Judge - Priscilla R. OwenPriscilla OwenPriscilla Richman Owen is a federal judge on the United States Court of Appeals for the Fifth Circuit. She was previously a Justice on the Texas Supreme Court.-Early life:...
(born 1954) - Edward C. PradoEdward C. PradoEdward Charles Prado is a federal judge on the United States Court of Appeals for the Fifth Circuit.- Background :Prado was born in San Antonio, Texas on June 7, 1947...
(born 1947)
- Edith Brown Clement
- Court of Appeals for the 6th CircuitUnited States Court of Appeals for the Sixth CircuitThe United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
- Alice M. BatchelderAlice M. BatchelderAlice Moore Batchelder is an American attorney and jurist. She currently is chief judge of the United States Court of Appeals for the Sixth Circuit and was considered by President George W. Bush as a potential nominee for a U.S. Supreme Court seat that ultimately went to Justice Samuel Alito. Her...
(born 1944) - Chief Judge - Danny J. BoggsDanny Julian BoggsDanny Julian Boggs is a Judge on the United States Court of Appeals for the Sixth Circuit. He was appointed to a newly-created seat on that court on January 29, 1986 by President Ronald Reagan, confirmed by the U.S. Senate on March 3, and received his commission on March 25...
(born 1944) - former Chief Judge - Deborah L. Cook (born 1952)
- Alice M. Batchelder
- Court of Appeals for the 7th CircuitUnited States Court of Appeals for the Seventh CircuitThe United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
- Frank H. EasterbrookFrank H. EasterbrookFrank Hoover Easterbrook is the Chief Judge of the United States Court of Appeals for the Seventh Circuit. He has been Chief Judge since November 2006, and has been a judge on the court since 1985...
(born 1948) - Chief Judge - Richard PosnerRichard PosnerRichard Allen Posner is an American jurist, legal theorist, and economist who is currently a judge on the United States Court of Appeals for the Seventh Circuit in Chicago and a Senior Lecturer at the University of Chicago Law School...
(born 1939) - former Chief Judge - Diane S. SykesDiane S. SykesDiane Schwerm Sykes is a federal judge on the United States Court of Appeals for the Seventh Circuit and former Justice of the Wisconsin Supreme Court.-Background:...
(born 1957) - Ann Claire WilliamsAnn Claire WilliamsAnn Claire Williams is a United States Circuit Judge for the U.S. Court of Appeals for the Seventh Circuit.- Early life and education :Born in Detroit, Williams earned a bachelor's degree from Wayne State University in 1970...
(born 1949)
- Frank H. Easterbrook
- Court of Appeals for the 9th CircuitUnited States Court of Appeals for the Ninth CircuitThe United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
- Consuelo María CallahanConsuelo María CallahanConsuelo María Callahan is a federal judge on the United States Court of Appeals for the Ninth Circuit.-Background:...
(born 1950) - Alex KozinskiAlex KozinskiAlex Kozinski is Chief Judge of the United States Court of Appeals for the Ninth Circuit, an essayist, and a judicial commentator.-Biography:...
(born 1950) - Chief Judge
- Consuelo María Callahan
- Court of Appeals for the 10th CircuitUnited States Court of Appeals for the Tenth CircuitThe United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...
- Michael W. McConnellMichael W. McConnellMichael William McConnell is a constitutional law scholar who served as a federal judge on the United States Court of Appeals for the Tenth Circuit from 2002 until 2009. Since 2009, Judge McConnell has served as Director of the Stanford Constitutional Law Center at Stanford Law School...
(born 1955) - Deanell Reece TachaDeanell Reece TachaDeanell Reece Tacha is a retired United States federal judge who served on the United States Court of Appeals for the Tenth Circuit....
(born 1946) - former Chief Judge
- Michael W. McConnell
- Court of Appeals for the 11th CircuitUnited States Court of Appeals for the Eleventh CircuitThe United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
- William H. Pryor, Jr.William H. Pryor, Jr.William Holcombe "Bill" Pryor, Jr. is a federal judge on the United States Court of Appeals for the Eleventh Circuit. Previously, he was the Attorney General of the State of Alabama from 1997 to 2004.-Background:...
(born 1962)
- William H. Pryor, Jr.
- Court of Appeals for the D.C. CircuitUnited States Court of Appeals for the District of Columbia CircuitThe United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
- Janice Rogers BrownJanice Rogers BrownJanice Rogers Brown is a federal judge on the United States Court of Appeals for the District of Columbia Circuit. She previously was an Associate Justice of the California Supreme Court, holding that post from May 2, 1996 until her appointment to the D.C. Circuit.President George W. Bush...
(born 1949) - Brett M. KavanaughBrett KavanaughBrett Michael Kavanaugh is a federal judge on the United States Court of Appeals for the D.C. Circuit. He formerly was Staff Secretary in the Executive Office of the President of the United States under President George W...
(born 1965) - John G. Roberts, Jr. (born 1955) (Nominated and Confirmed)John Roberts Supreme Court nomination and hearingsThe Senate hearings on the nomination of John Roberts to the Supreme Court, began on September 12, 2005, with U.S. Senators posing questions to Roberts, who was nominated by President George W...
- Janice Rogers Brown
United States District CourtsUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
- Cecilia M. Altonaga (born 1962) - Judge, U.S. District Court for the Southern District of Florida
- Ricardo H. HinojosaRicardo HinojosaRicardo H. Hinojosa is a United States federal judge, and served as the Chairman of the United States Sentencing Commission.Born in Rio Grande City, Texas, Hinojosa received a B.A. from the University of Texas, Austin in 1972, and a J.D. from Harvard Law School in 1975. He was a law clerk to the...
(born 1950) - Judge, U.S. District Court for the Southern District of Texas - Loretta A. PreskaLoretta A. PreskaLoretta A. Preska is the Chief Judge of the United States District Court for the Southern District of New York and a former nominee to the U.S. Court of Appeals for the Second Circuit.-Background:...
(born 1949) - Judge, U.S. District Court for the Southern District of New York
State Supreme CourtsState supreme courtIn the United States, the state supreme court is the highest state court in the state court system ....
(current and former)
- Raoul G. Cantero, IIIRaoul G. Cantero, IIIRaoul G. Cantero, III is a Florida lawyer and a former Justice of the Florida Supreme Court.-Career:...
(born 1960) - former Florida Supreme CourtFlorida Supreme CourtThe Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
Justice - Maura D. CorriganMaura D. CorriganMaura D. Corrigan is the Incumbent Director of the Michigan Department of Human Services. She was also a justice of the Michigan Supreme Court, serving from 1998-2011.-Background:...
(born 1948) - former Michigan Supreme CourtMichigan Supreme CourtThe Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot...
Justice - Rebecca Love KourlisRebecca Love KourlisRebecca Love Kourlis is a former justice of the Colorado Supreme Court.-Life and career:She was born in Colorado Springs, Colorado, and was the daughter of former Governor John Arthur Love. In 1973, she graduated with distinction from Stanford University, and in 1976, earned a law degree from...
(born 1952) - former Colorado Supreme CourtColorado Supreme CourtThe Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the Court consists of a Chief Justice and six Associate Justices.-Appellate jurisdiction:...
Justice
United States Senators
- John CornynJohn CornynJohn Cornyn, III is the junior United States Senator for Texas, serving since 2003. He is a member of the Republican Party. He was elected Chairman of the National Republican Senatorial Committee for the 111th U.S. Congress....
(born 1952) - Republican senator from TexasTexasTexas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, former Texas Supreme CourtTexas Supreme CourtThe Supreme Court of Texas is the court of last resort for non-criminal matters in the state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort for criminal matters.The Court is composed of a Chief Justice and eight Associate Justices...
Justice - Mike CrapoMike CrapoMichael Dean "Mike" Crapo is the senior United States Senator from the state of Idaho and a member of the Republican Party.Born in the city of Idaho Falls, Crapo is a graduate of Brigham Young University and Harvard Law School. He practiced law in his home city throughout the 1980s, while...
(born 1951) - Republican senator from IdahoIdahoIdaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state.... - Mike DeWineMike DeWineRichard Michael "Mike" DeWine is the Attorney General for the state of Ohio. He has held numerous offices on the state and federal level, including Ohio State Senator, four terms as a U.S. Congressman, Ohio Lt. Governor, and was a two-term U.S. Senator, serving from 1995 to 2007.- Biography :Born...
(born 1947) - Republican senator from OhioOhioOhio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus... - Orrin HatchOrrin HatchOrrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
(born 1934) - Republican senator from UtahUtahUtah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the... - Jon KylJon KylJon Llewellyn Kyl is the junior U.S. Senator from Arizona and the Senate Minority Whip, the second-highest position in the Republican Senate leadership. In 2010 he was recognized by Time magazine as one of the 100 most influential people in the world for his persuasive role in the Senate.The son...
(born 1942) - Republican senator from ArizonaArizonaArizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix... - Mel MartinezMel MartinezMelquíades Rafael Martínez Ruiz, usually known as Mel Martinez , is a former United States Senator from Florida and served as Chairman of the Republican Party from November 2006 until October 19, 2007, the first Latino to serve as chairman of a major party...
(born 1946) - Republican senator from FloridaFloridaFlorida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
Executive Branch officials
- Christopher Cox (born 1952) - former U.S. Securities and Exchange Commission Chairman, former California Representative
Supreme Court litigators
- Paul ClementPaul ClementPaul Drew Clement is a former United States Solicitor General and current Georgetown University legal professor. He is also an adjunct professor at New York University School of Law. He was nominated by President George W...
(born 1966) - former Solicitor GeneralUnited States Solicitor GeneralThe United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June... - Miguel A. EstradaMiguel EstradaMiguel Angel Estrada Castañeda is an attorney who became embroiled in controversy following his 2001 nomination by President George W. Bush to the United States Court of Appeals for the District of Columbia Circuit...
(born 1961) - withdrawn nominee for the D.C. Circuit, former Assistant Solicitor GeneralUnited States Solicitor GeneralThe United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June... - Peter D. KeislerPeter KeislerPeter D. Keisler is an American lawyer whose 2006 nomination by President George W. Bush to the United States Court of Appeals for the D.C. Circuit became embroiled in partisan controversy...
(born 1960) - former nominee for the D.C. Circuit, former Assistant Attorney GeneralUnited States Assistant Attorney GeneralMany of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General.The President of the United States appoints individuals to the position of Assistant Attorney General with the advice and consent of the Senate... - Maureen E. MahoneyMaureen MahoneyMaureen E. Mahoney is a former deputy solicitor general and "top appellate lawyer" at the law firm of Latham & Watkins in Washington, D.C. who has argued cases before the Supreme Court of the United States. Notably, she argued on behalf of the University of Michigan and its affirmative action...
(born 1955) - former Deputy Solicitor GeneralUnited States Solicitor GeneralThe United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June... - Theodore OlsonTheodore OlsonTheodore Bevry Olson is a former United States Solicitor General, serving from June 2001 to July 2004 under President George W. Bush.- Early life :...
(born 1940) - former Solicitor GeneralUnited States Solicitor GeneralThe United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
Other backgrounds
- Viet Dinh (born 1968) - Georgetown University Law CenterGeorgetown University Law CenterGeorgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
professor, former Assistant Attorney GeneralUnited States Assistant Attorney GeneralMany of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General.The President of the United States appoints individuals to the position of Assistant Attorney General with the advice and consent of the Senate... - Mary Ann GlendonMary Ann GlendonMary Ann Glendon J.D., LL.M., was the United States Ambassador to the Holy See and is the Learned Hand Professor of Law at Harvard Law School. She teaches and writes on bioethics, comparative constitutional law, property, and human rights in international law...
(born 1938) - former U.S. Ambassador to the Holy SeeUnited States Ambassador to the Holy SeeA U.S. Ambassador serves as that country's official representative to the Holy See since formal diplomatic relations began in 1984. Before the establishment of official relations, Myron Taylor served during World War II as an emissary for President Franklin D. Roosevelt. In 1951, President Harry S....
, Harvard Law SchoolHarvard Law SchoolHarvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
professor, former President's Council on Bioethics member - Alberto R. Gonzales (born 1955) - former Attorney GeneralUnited States Attorney GeneralThe United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
, former White House CounselWhite House CounselThe White House Counsel is a staff appointee of the President of the United States.-Role:The Counsel's role is to advise the President on all legal issues concerning the President and the White House...
, former Texas Supreme CourtTexas Supreme CourtThe Supreme Court of Texas is the court of last resort for non-criminal matters in the state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort for criminal matters.The Court is composed of a Chief Justice and eight Associate Justices...
Justice - J. Michael LuttigJ. Michael LuttigJ. Michael Luttig is an American lawyer and a former federal appellate court judge.-Education and early work:Born in Tyler, Texas, Luttig graduated from Washington and Lee University in 1976. He then attended the University of Virginia School of Law, where he received his Juris Doctor degree in...
(born 1954) - General Counsel for The Boeing Company, former Fourth CircuitUnited States Court of Appeals for the Fourth CircuitThe United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
judge - Harriet MiersHarriet MiersHarriet Ellan Miers is an American lawyer and former White House Counsel. In 2005, she was nominated by President George W. Bush to be an Associate Justice of the U.S...
(born 1945) - former White House CounselWhite House CounselThe White House Counsel is a staff appointee of the President of the United States.-Role:The Counsel's role is to advise the President on all legal issues concerning the President and the White House...
(Nomination Withdrawn)Harriet Miers Supreme Court nominationOn October 3, 2005, Harriet Miers was nominated for Associate Justice of the U.S. Supreme Court by President George W. Bush to replace retiring Associate Justice Sandra Day O'Connor... - Larry D. ThompsonLarry ThompsonLarry Dean Thompson is an American lawyer, most notable for his service as deputy Attorney General of the United States under United States President George W. Bush until August 2003...
(born 1946) - General Counsel for PepsiCoPepsiCoPepsiCo Inc. is an American multinational corporation headquartered in Purchase, New York, United States, with interests in the manufacturing, marketing and distribution of grain-based snack foods, beverages, and other products. PepsiCo was formed in 1965 with the merger of the Pepsi-Cola Company...
, former Deputy Attorney GeneralUnited States Department of JusticeThe United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
See also
- United States federal judgeUnited States federal judgeIn the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
- Federal judicial appointment historyFederal judicial appointment historyThe appointment of federal judges has become viewed as a political process in the last several decades. This is especially true of U.S. Supreme Court and court of appeals appointments...
- filibuster
- cloture
- nuclear optionNuclear optionIn U.S. politics, the "nuclear option" allows the United States Senate to reinterpret a procedural rule by invoking the argument that the Constitution requires that the will of the majority be effective on specific Senate duties and procedures...
- Gang of 14Gang of 14The Gang of 14 was a term coined to describe the bipartisan group of Senators in the 109th United States Congress who successfully negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called nuclear option over an organized use of the filibuster by Senate...
External links
- The Supreme Court Blog - includes profiles and analysis of potential nominees
- Campaign for the Court: from the Washington Post
- Supreme Court Nomination Resource Guide
- Think Progress: Supreme Court Edition - Former Sup Ct. Clerks blog on the nominations
- List of possible SCOTUS prospects with linked info, from ConfirmThem.com
- Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court (Jan Crawford GreenburgJan Crawford GreenburgJan Crawford, formerly known as Jan Crawford Greenburg, is a television journalist, author, and lawyer. She currently serves as both the political correspondent and chief legal correspondent for CBS News and appears regularly on the CBS Evening News, Face the Nation, Early Show, and CBS News Sunday...
, 2007)