Gerald Ford Supreme Court candidates
Encyclopedia
During his time in office, President
Gerald Ford
made one appointment to the Supreme Court of the United States
. Ford nominated John Paul Stevens
to replace Associate Justice
William O. Douglas
, whom Ford had unsuccessfully attempted to impeach
while Ford was a congressman
.
In December 1974, the 76-year-old Douglas suffered a stroke
while vacationing in Nassau, Bahamas
that paralyzed his left arm and leg. Douglas was discharged from Walter Reed Army Medical Center
in March 1975, and was in and out of the hospital for the remainder of the 1974-1975 term. Although Chief Justice Warren E. Burger
urged Douglas to retire, Douglas showed no intention of doing so. However, Douglas' condition continued to deteriorate, and on October 28, 1975, his doctors told him his condition would never improve and that he would be paralyzed and in near-constant pain for the rest of his life. On November 12, 1975, Douglas announced that he would immediately retire and assume senior status
. On November 28, 1975, Ford nominated John Paul Stevens
to replace Douglas. Stevens was confirmed by the United States Senate
on December 17, 1975.
, the Supreme Court of the United States
was considered the least powerful branch of the government, and nominations to that body, although important, were not the source of great political controversy as they are today. Over the course of the 1950s, 60s and 70s, the Supreme Court had become a significant source of social change through decisions such as Brown v. Board of Education
and Roe v. Wade
.
Ford, who had been appointed to the Vice Presidency after Nixon's second term began, and who assumed the Presidency without having sought the office, did not articulate a philosophy for the kind of justices he would like to appoint to the Supreme Court, the way subsequent presidents did. It is significant that Ford involved himself less in the earlier stages of the process of identifying candidates for the court than some later presidents did; when the Douglas vacancy arose, he essentially left the decision up to his attorney general
, Edward H. Levi
. At the same time, one of Ford's reasons for attempting as a congressman to impeach Douglas in 1970 involved what Ford called Douglas' "liberal opinions."
in Congress to replace Douglas with another liberal, but at the same time, he was under similar pressure from Republicans
to name a conservative. Ford handed Levi the task of narrowing down the list of candidates to a manageable number, and Levi then gave Ford a list of eighteen candidates, grouped into four categories based on Levi's impressions of them. Ford annotated the list and ranked the contenders, narrowing the list to "five or six names," Ford later wrote. The list included United States Solicitor General
Robert Bork
, United States Court of Appeals for the Seventh Circuit
judge John Paul Stevens
, United States Court of Appeals for the Sixth Circuit
judge Cornelia Groefsema Kennedy
, United States Secretary of Housing and Urban Development
Carla Anderson Hills
, and United States Court of Appeals for the Third Circuit
judge Arlin M. Adams
.
Bork wound up being disqualified because of his close ties to Nixon, while Adams was considered to be a solid conservative (but without Bork's associations) and also flashy and overly self-confident. Levi pushed for Stevens, a fellow Chicago native. Ford debated between his final two contenders, Stevens and Adams. "Both had received excellent ratings from the American Bar Association
; both had had distinguished careers," Ford later wrote. "I pored over their legal opinions myself. Stevens' opinions were concise, persuasive and legally sound. It was a close call, but after talking to Levi and (White House Counsel Philip) Buchen, I selected Stevens in December."
Despite Ford's statement in his autobiography that he had selected Stevens in December, Ford actually formally nominated Stevens to the Supreme Court on November 28, 1975. The Senate confirmed Stevens in a 98-0 vote on December 17, 1975. Senators James Allen (D-AL) and Birch Bayh
(D-IN) did not vote.
United States Courts of Appeals
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....
Gerald Ford
Gerald Ford
Gerald Rudolph "Jerry" Ford, Jr. was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974...
made one appointment to 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...
. Ford nominated John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
to replace 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...
William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
, whom Ford had unsuccessfully attempted to impeach
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
while Ford was a congressman
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
.
In December 1974, the 76-year-old Douglas suffered a stroke
Stroke
A stroke, previously known medically as a cerebrovascular accident , is the rapidly developing loss of brain function due to disturbance in the blood supply to the brain. This can be due to ischemia caused by blockage , or a hemorrhage...
while vacationing in Nassau, Bahamas
Nassau, Bahamas
Nassau is the capital, largest city, and commercial centre of the Commonwealth of the Bahamas. The city has a population of 248,948 , 70 percent of the entire population of The Bahamas...
that paralyzed his left arm and leg. Douglas was discharged from Walter Reed Army Medical Center
Walter Reed Army Medical Center
The Walter Reed Army Medical Center was the United States Army's flagship medical center until 2011. Located on 113 acres in Washington, D.C., it served more than 150,000 active and retired personnel from all branches of the military...
in March 1975, and was in and out of the hospital for the remainder of the 1974-1975 term. Although Chief Justice Warren E. Burger
Warren E. Burger
Warren Earl Burger was the 15th Chief Justice of the United States from 1969 to 1986. Although Burger had conservative leanings, the U.S...
urged Douglas to retire, Douglas showed no intention of doing so. However, Douglas' condition continued to deteriorate, and on October 28, 1975, his doctors told him his condition would never improve and that he would be paralyzed and in near-constant pain for the rest of his life. On November 12, 1975, Douglas announced that he would immediately retire and assume senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
. On November 28, 1975, Ford nominated John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
to replace Douglas. Stevens 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 December 17, 1975.
Politics
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 considered the least powerful branch of the government, and nominations to that body, although important, were not the source of great political controversy as they are today. Over the course of the 1950s, 60s and 70s, the Supreme Court had become a significant source of social change through decisions such as Brown v. Board of Education
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
and Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
.
Ford, who had been appointed to the Vice Presidency after Nixon's second term began, and who assumed the Presidency without having sought the office, did not articulate a philosophy for the kind of justices he would like to appoint to the Supreme Court, the way subsequent presidents did. It is significant that Ford involved himself less in the earlier stages of the process of identifying candidates for the court than some later presidents did; when the Douglas vacancy arose, he essentially left the decision up to his attorney general
United States Attorney General
The 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...
, Edward H. Levi
Edward H. Levi
Edward Hirsch Levi was an American academic leader, scholar, and statesman who served as United States Attorney General. He is regularly cited as the "model of a modern attorney general," the "greatest lawyer of his time," and considered, along with Yale's Whitney Griswold, the greatest of...
. At the same time, one of Ford's reasons for attempting as a congressman to impeach Douglas in 1970 involved what Ford called Douglas' "liberal opinions."
John Paul Stevens nomination
After Douglas announced his retirement on November 12, 1975, Ford asked attorney general Edward Levi to draw up a list of potential candidates. Ford was under pressure from DemocratsDemocratic 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...
in Congress to replace Douglas with another liberal, but at the same time, he was under similar pressure from Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
to name a conservative. Ford handed Levi the task of narrowing down the list of candidates to a manageable number, and Levi then gave Ford a list of eighteen candidates, grouped into four categories based on Levi's impressions of them. Ford annotated the list and ranked the contenders, narrowing the list to "five or six names," Ford later wrote. The list included United States Solicitor General
United States Solicitor General
The 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...
Robert Bork
Robert Bork
Robert Heron Bork is an American legal scholar who has advocated the judicial philosophy of originalism. Bork formerly served as Solicitor General, Acting Attorney General, and judge for the United States Court of Appeals for the District of Columbia Circuit...
, United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The 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...
judge John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
, United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Sixth Circuit
The 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...
judge Cornelia Groefsema Kennedy
Cornelia Groefsema Kennedy
Cornelia Groefsema Kennedy is a Senior Judge on the United States Court of Appeals for the Sixth Circuit.-Biography:Kennedy grew up in Detroit, Michigan. She graduated at the top of her class from the University of Michigan Law School. After law school, she clerked for the chief judge of the U.S....
, United States Secretary of Housing and Urban Development
United States Secretary of Housing and Urban Development
The United States Secretary of Housing and Urban Development is the head of the United States Department of Housing and Urban Development, a member of the President's Cabinet, and thirteenth in the Presidential line of succession. The post was created with the formation of the Department of Housing...
Carla Anderson Hills
Carla Anderson Hills
Carla Anderson Hills is an American lawyer and a public figure. She served as United States Secretary of Housing and Urban Development in the Gerald Ford administration, and as U.S. Trade Representative...
, and United States Court of Appeals for the Third Circuit
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...
judge Arlin M. Adams
Arlin M. Adams
Arlin Marvin Adams is a retired senior federal judge on the United States Court of Appeals for the Third Circuit. He is currently of counsel to Schnader Harrison Segal & Lewis LLP.- Early life and education :...
.
Bork wound up being disqualified because of his close ties to Nixon, while Adams was considered to be a solid conservative (but without Bork's associations) and also flashy and overly self-confident. Levi pushed for Stevens, a fellow Chicago native. Ford debated between his final two contenders, Stevens and Adams. "Both had received excellent ratings from the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
; both had had distinguished careers," Ford later wrote. "I pored over their legal opinions myself. Stevens' opinions were concise, persuasive and legally sound. It was a close call, but after talking to Levi and (White House Counsel Philip) Buchen, I selected Stevens in December."
Despite Ford's statement in his autobiography that he had selected Stevens in December, Ford actually formally nominated Stevens to the Supreme Court on November 28, 1975. The Senate confirmed Stevens in a 98-0 vote on December 17, 1975. Senators James Allen (D-AL) and Birch Bayh
Birch Bayh
Birch Evans Bayh II is a former United States Senator from Indiana, having served from 1963 to 1981. He was a candidate for the Democratic nomination for president in the 1976 election, but lost to Jimmy Carter. He is the father of former Indiana Governor and former U.S. Senator Evan Bayh.-Life...
(D-IN) did not vote.
Names frequently mentioned
Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Ford for a Supreme Court appointment: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 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...
- Arlin M. AdamsArlin M. AdamsArlin Marvin Adams is a retired senior federal judge on the United States Court of Appeals for the Third Circuit. He is currently of counsel to Schnader Harrison Segal & Lewis LLP.- Early life and education :...
(born 1921)
- Arlin M. Adams
- 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...
- Cornelia Groefsema KennedyCornelia Groefsema KennedyCornelia Groefsema Kennedy is a Senior Judge on the United States Court of Appeals for the Sixth Circuit.-Biography:Kennedy grew up in Detroit, Michigan. She graduated at the top of her class from the University of Michigan Law School. After law school, she clerked for the chief judge of the U.S....
(born 1923)
- Cornelia Groefsema Kennedy
- 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...
- John Paul StevensJohn Paul StevensJohn Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
(born 1920) (Nominated and Confirmed)
- John Paul Stevens
- 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...
- Alfred T. Goodwin (born 1923)
Executive Branch officials
- Robert BorkRobert BorkRobert Heron Bork is an American legal scholar who has advocated the judicial philosophy of originalism. Bork formerly served as Solicitor General, Acting Attorney General, and judge for the United States Court of Appeals for the District of Columbia Circuit...
(born 1927) - United States 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...
under Nixon and Ford - Carla Anderson HillsCarla Anderson HillsCarla Anderson Hills is an American lawyer and a public figure. She served as United States Secretary of Housing and Urban Development in the Gerald Ford administration, and as U.S. Trade Representative...
(born 1934) - United States Secretary of Housing and Urban DevelopmentUnited States Secretary of Housing and Urban DevelopmentThe United States Secretary of Housing and Urban Development is the head of the United States Department of Housing and Urban Development, a member of the President's Cabinet, and thirteenth in the Presidential line of succession. The post was created with the formation of the Department of Housing...
under Ford, former United States 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...
under Presidents Nixon and Ford
Other backgrounds
- Vincent L. McKusickVincent L. McKusickVincent Lee McKusick is an attorney and former Chief Justice of Maine. He is currently serving in the role of Of Counsel at the firm Pierce Atwood in Portland, Maine.McKusick began practicing law with Pierce Atwood in 1952...
, private attorney - Dallin H. OaksDallin H. OaksDallin Harris Oaks is an American attorney, jurist, author, professor, public speaker, and religious leader. Since 1984, he has been a member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints...
, President of Brigham Young UniversityBrigham Young UniversityBrigham Young University is a private university located in Provo, Utah. It is owned and operated by The Church of Jesus Christ of Latter-day Saints , and is the United States' largest religious university and third-largest private university.Approximately 98% of the university's 34,000 students...