George H. W. Bush Supreme Court candidates
Encyclopedia
Speculation abounded over potential nominations 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...

by George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...

even before his presidency officially began, given the advanced ages of several justices.

On July 20, 1990, this speculation became newsworthy, due to the announcement of the immediate retirement (and assumption of senior status
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...

) of Associate Justice William J. Brennan, Jr.
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...

 President George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...

 announced David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...

 as Brennan's replacement just four days later, and Souter 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 October 2, 1990 in a 90–9 vote.

On June 27, 1991, Associate Justice Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...

 announced his retirement (and assumption of 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...

), effective October 1, 1991. President George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...

 announced Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....

 as Marshall's replacement just five days later. After a confirmation process filled with allegations of sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...

, Thomas 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 October 15, 1991 in a 52–48 vote.

Overview

Throughout much of the history of the United States
United 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. Furthermore, Bush's Supreme Court nominations came shortly after the controversial and failed nomination by President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....

 of 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...

 to the Supreme Court in 1987.

Politics

Bush showed less interest in issues relating to the Supreme Court than other presidents before and after him. Upon Souter's nomination, Bush made clear that he had no litmus test for court appointees. "You might just think that the whole nomination had something to do with abortion," Bush told reporters upon nominating Souter. "It's something much broader than that. I have too much respect for the Supreme Court for that."

David Souter nomination

After William Brennan
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...

 announced his retirement on July 20, 1990, Bush moved swiftly to identify a replacement. The New York Times published a story with a long list of potential nominees whose names had been mentioned. However, ultimately, Bush narrowed down his list on Sunday, July 22, 1990 to just five candidates, all federal appeals court judges: 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...

, Laurence H. Silberman
Laurence H. Silberman
Laurence Hirsch Silberman is a senior federal judge on the United States Court of Appeals for the District of Columbia Circuit. He was appointed in October 1985 by Ronald Reagan and took senior status on November 1, 2000. He continues to serve on the court...

, David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...

, Kenneth Starr
Kenneth Starr
Kenneth Winston "Ken" Starr is an American lawyer and educational administrator who has also been a federal judge. He is best known for his investigation of figures during the Clinton administration....

 and Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....

. Bush was most interested in nominating Thomas, but he and his staff struggled with four issues surrounding Thomas: 1) his short tenure as a judge up to that point (just eight months on the United States Court of Appeals for the District of Columbia Circuit
United 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...

); 2) the fact that Thomas' appointment at that time would mean that there would be two African-American men on a court of just nine individuals; 3) Bush was saving Thomas for Thurgood Marshall's seat when he eventually retired; and 4) both Attorney General Dick Thornburgh
Dick Thornburgh
Richard Lewis "Dick" Thornburgh is an American lawyer and Republican politician who served as the 41st Governor of Pennsylvania from 1979 to 1987, and then as the U.S...

 and Counsel to President Bush C. Boyden Gray
C. Boyden Gray
Clayland Boyden Gray is a former American diplomat and public servant. He is a member of the board of directors at the Atlantic Council and at The European Institute....

 told the president that they felt that Thomas was not yet ready. There were also challenges involving several of the other candidates on Bush's short list. Gray's favorite choice for the seat was Jones, whom Bush formally interviewed for the job. However, Jones was expected to provoke a confirmation battle, given her active history in partisan politics, her frequent appearances at meetings of the Federalist Society
Federalist Society
The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of conservatives seeking reform of the current American legal system in accordance with a textualist and/or originalist interpretation of the U.S. Constitution...

 and her work with the Andrews Kurth
Andrews Kurth
Andrews Kurth LLP is a Houston, Texas based law firm founded by Frank Andrews and U.S. Congressman Thomas Henry Ball in 1902 and later joined by Melvin Kurth in 1913.Andrews Kurth served a pivotal role in representing Texas railroad firms in the early 1900s...

 law firm where then-Secretary of State James Baker
James Baker
James Addison Baker, III is an American attorney, politician and political advisor.Baker served as the Chief of Staff in President Ronald Reagan's first administration and in the final year of the administration of President George H. W. Bush...

 had been a partner. Silberman also was thought to provoke a confirmation battle in part because his legal views were thought to be similar to those of Chief Justice William Rehnquist
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...

 and Associate 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...

 and also because Silberman had joined a ruling overturning one of Oliver North
Oliver North
Oliver Laurence North is a retired U.S. Marine Corps officer, political commentator, host of War Stories with Oliver North on Fox News Channel, a military historian, and a New York Times best-selling author....

's convictions regarding the Iran-Contra affair
Iran-Contra Affair
The Iran–Contra affair , also referred to as Irangate, Contragate or Iran-Contra-Gate, was a political scandal in the United States that came to light in November 1986. During the Reagan administration, senior Reagan administration officials and President Reagan secretly facilitated the sale of...

.

Ultimately, Bush chose Souter on July 24, 1990, and Souter 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 October 2, 1990 in a 90–9 vote. The senators voting against the Souter nomination were Brock Adams
Brock Adams
Brockman "Brock" Adams was an American politician and member of Congress. Adams was a Democrat from Washington and served as a U.S. Representative, Senator, and United States Secretary of Transportation before retiring in January 1993.Adams was born in Atlanta, Georgia, and attended the public...

 (D-WA), Daniel Akaka
Daniel Akaka
Daniel Kahikina Akaka is the junior U.S. Senator from Hawaii and a member of the Democratic Party. He is the first U.S. Senator of Native Hawaiian ancestry and is currently the only member of the Senate who has Chinese ancestry....

 (D-HI), Bill Bradley
Bill Bradley
William Warren "Bill" Bradley is an American hall of fame basketball player, Rhodes scholar, and former three-term Democratic U.S. Senator from New Jersey. He ran unsuccessfully for the Democratic Party's nomination for President in the 2000 election.Bradley was born and raised in a suburb of St....

 (D-NJ), Quentin Burdick (D-ND), Alan Cranston
Alan Cranston
Alan MacGregor Cranston was an American journalist and Democratic Senator from California.-Education:Cranston earned his high school diploma from the old Mountain View High School, where among other things, he was a track star...

 (D-CA), Edward Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...

 (D-MA), 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...

 (D-MA), Frank Lautenberg
Frank Lautenberg
Frank Raleigh Lautenberg is the senior United States Senator from New Jersey and a member of the Democratic Party. Previously, he was the Chairman and Chief Executive Officer of Automatic Data Processing, Inc.-Early life, career, and family:...

 (D-NJ), and Barbara Mikulski
Barbara Mikulski
Barbara Ann Mikulski is the senior United States Senator from Maryland and a member of the Democratic Party. Mikulski, a former U.S. Representative, is the longest-serving female senator in U.S...

 (D-MD). Senator Pete Wilson
Pete Wilson
Peter Barton "Pete" Wilson is an American politician from California. Wilson, a Republican, served as the 36th Governor of California , the culmination of more than three decades in the public arena that included eight years as a United States Senator , eleven years as Mayor of San Diego and...

 (R-CA) did not vote.

Clarence Thomas nomination

After Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...

 announced his retirement on June 27, 1991, Bush considered only two choices: Thomas and United States Court of Appeals for 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...

 judge Emilio M. Garza
Emilio M. Garza
Emilio 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...

. Bush's strategists told the New York Times that all things being equal, Bush would have preferred to choose Garza. And while White House Chief of Staff John H. Sununu
John H. Sununu
John Henry Sununu is a former Governor of New Hampshire and former White House Chief of Staff under President George H. W. Bush. He is the father of John E. Sununu, a former senator from New Hampshire, and formerly a U.S. Representative...

 strongly favored Garza, Gray and Thornburgh had argued that Garza was "not ready," given that Garza had only been on the Fifth Circuit for a few weeks.

In addition, Thomas had been widely believed to be in the process of being groomed for an eventual Supreme Court appointment since his 1989 appointment by Bush to the United States Court of Appeals for the District of Columbia Circuit
United 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...

.

Ultimately, on July 2, 1991, Bush chose Thomas as Marshall's replacement. And after a contentious confirmation process that involved allegations of sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...

 by Thomas, 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...

 confirmed Thomas in a 52–48 vote on October 15, 1991.

Names frequently mentioned

Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Bush or being the most likely potential nominees for a Supreme Court appointment under Bush:

United States Courts of Appeals

  • Court of Appeals for the 1st Circuit
    United States Court of Appeals for the First Circuit
    The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...

    • David Souter
      David Souter
      David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...

      (born 1939) (Nominated and Confirmed)

  • Court of Appeals for the 2nd 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...

    • Roger Miner
      Roger Miner
      Roger Jeffrey Miner is a federal appellate judge serving on the United States Court of Appeals for the Second Circuit.After graduating from New York Law School, Miner practiced law for many years in Hudson, New York. He was corporation counsel for the City of Hudson from 1961 to 1964 and District...

       (born 1934)
    • Ralph K. Winter, Jr.
      Ralph K. Winter, Jr.
      Judge Ralph K. Winter, Jr. is a judge for the United States Court of Appeals for the Second Circuit. President Ronald Reagan nominated Winter on November 18, 1981, to a seat vacated by Walter Roe Mansfield. Judge Winter was confirmed by the Senate on December 9, 1981, and received his commission...

       (born 1935)

  • Court of Appeals for the 4th 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...

    • William Walter Wilkins
      William Walter Wilkins
      William Walter Wilkins is a former United States federal judge.Born in Anderson, South Carolina, Wilkins received a B.A. from Davidson College in 1964 and a J.D. from the University of South Carolina Law School in 1967. He served on active duty for two years, in active reserves, and the South...

       (born 1942)

  • Court of Appeals for the 5th 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...

    • Emilio M. Garza
      Emilio M. Garza
      Emilio 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)
    • Patrick Higginbotham
      Patrick Higginbotham
      Patrick Errol Higginbotham is a federal judge on the United States Court of Appeals for the Fifth Circuit. In 2005, he moved his chambers from Dallas, Texas to Austin, Texas.-Background:...

       (born 1938)
    • 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...

       (born 1949)

  • Court of Appeals for the 9th 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...

    • Cynthia Holcomb Hall
      Cynthia Holcomb Hall
      Cynthia Holcomb Hall was a United States federal judge.-Early life and career:Born in Los Angeles, California, Hall received an A.B. from Stanford University in 1951, an LL.B. from Stanford Law School in 1954, and an LL.M. from New York University School of Law in 1960...

       (born 1929)
    • J. Clifford Wallace (born 1928)

  • Court of Appeals for the D.C. Circuit
    United 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...

    • Laurence H. Silberman
      Laurence H. Silberman
      Laurence Hirsch Silberman is a senior federal judge on the United States Court of Appeals for the District of Columbia Circuit. He was appointed in October 1985 by Ronald Reagan and took senior status on November 1, 2000. He continues to serve on the court...

       (born 1935)
    • Clarence Thomas
      Clarence Thomas
      Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....

      (born 1948) (Nominated and Confirmed)

Executive Branch officials

  • Kenneth Starr
    Kenneth Starr
    Kenneth Winston "Ken" Starr is an American lawyer and educational administrator who has also been a federal judge. He is best known for his investigation of figures during the Clinton administration....

     (born 1946) – 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...

     under Bush

Other backgrounds

  • Abraham David Sofaer
    Abraham David Sofaer
    Abraham David Sofaer was a federal judge for the United States District Court for the Southern District of New York, and then a legal adviser to the United States State Department. He is currently a George P...

     (born 1938) – former federal judge
    United States federal judge
    In 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....

     on the United States District Court for the Southern District of New York
    United States District Court for the Southern District of New York
    The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...

     and legal advisor to the United States State Department 1985–1990 under Ronald Reagan
    Ronald Reagan
    Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....

     and George Schultz.

See also

  • United States federal judge
    United States federal judge
    In 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 history
    Federal judicial appointment history
    The 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...

  • Clarence Thomas Supreme Court nomination
    Clarence Thomas Supreme Court nomination
    On July 1, 1991, President George H. W. Bush nominated Clarence Thomas for the Supreme Court of the United States to replace Thurgood Marshall, who had announced his retirement...

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