George H. W. Bush Supreme Court candidates
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Speculation abounded over potential nominations to the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
by
George H. W. Bush George Herbert Walker BushSince around 2000, he has been usually called George H. W. Bush, Bush Senior, Bush 41 or Bush the Elder to distinguish him from his eldest son, George W. Bush, who served as the 43rd president from 2001 to 2009; pr ...
even before his presidency officially began, given the advanced ages of several justices. On July 20, 1990, this speculation became newsworthy, due to the announcement of the immediate retirement (and assumption of senior status) of Associate Justice
William J. Brennan, Jr. William Joseph "Bill" Brennan Jr. (April 25, 1906 – July 24, 1997) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1956 to 1990. He was the List of United States Supreme Cou ...
Greenhouse, Linda
"VACANCY ON THE COURT; BRENNAN, KEY LIBERAL, QUITS SUPREME COURT; BATTLE FOR SEAT LIKELY"
'' New York Times'', July 21, 1990.
President
George H. W. Bush George Herbert Walker BushSince around 2000, he has been usually called George H. W. Bush, Bush Senior, Bush 41 or Bush the Elder to distinguish him from his eldest son, George W. Bush, who served as the 43rd president from 2001 to 2009; pr ...
announced David Souter as Brennan's replacement just four days later, Dowd, Maureen
"SOUTER, NEW HAMPSHIRE JUDGE, NAMED BY BUSH FOR HIGH COURT; NO 'LITMUS TEST,' PRESIDENT SAYS"
'' New York Times'', July 24, 1990.
and Souter was confirmed by the United States Senate on October 2, 1990, in a 90–9 vote.U.S. Senate Roll Call Votes – Nomination of David Souter
/ref> On June 27, 1991, Associate Justice Thurgood Marshall announced his retirement (and assumption of senior status), effective October 1, 1991. Greenhouse, Linda
"Thurgood Marshall, Civil Rights Hero, Dies at 84"
'' New York Times'', January 25, 1993.
President
George H. W. Bush George Herbert Walker BushSince around 2000, he has been usually called George H. W. Bush, Bush Senior, Bush 41 or Bush the Elder to distinguish him from his eldest son, George W. Bush, who served as the 43rd president from 2001 to 2009; pr ...
announced Clarence Thomas as Marshall's replacement just five days later. Dowd, Maureen
"THE SUPREME COURT; CONSERVATIVE BLACK JUDGE, CLARENCE THOMAS, IS NAMED TO MARSHALL'S COURT SEAT"
'' New York Times'', July 2, 1991.
After a confirmation process filled with allegations of
sexual harassment Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment includes a range of actions fro ...
, Thomas was confirmed by the United States Senate on October 15, 1991, in a 52–48 vote. U.S. Senate Roll Call Votes – Nomination of Clarence Thomas
/ref>


Overview

Throughout much of the history of the United States, the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
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 Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
of Robert Bork 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 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,
Laurence H. Silberman Laurence Hirsch Silberman (October 12, 1935 – October 2, 2022) was an American lawyer, diplomat, jurist, and government official who served as a United States circuit judge of the United States Court of Appeals for the District of Columbia Ci ...
, David Souter, Kenneth Starr and Clarence Thomas. Bush was most interested in nominating Thomas, but he and his staff struggled with four issues surrounding Thomas: 1) his short tenure as a judge up to that point (just eight months on the United States Court of Appeals for the District of Columbia Circuit); 2) the fact that Thomas' appointment at that time would mean that there would be two African-American men on a court of just nine individuals; 3) Bush was saving Thomas for Thurgood Marshall's seat when he eventually retired; and 4) both Attorney General
Dick Thornburgh Richard Lewis Thornburgh (July 16, 1932 – December 31, 2020) was an American lawyer, author, and Republican politician who served as the 41st governor of Pennsylvania from 1979 to 1987, and then as the United States attorney general fro ...
and Counsel to President Bush
C. Boyden Gray Clayland Boyden Gray (born February 6, 1943) is an American lawyer and former diplomat who served as White House Counsel from 1989 to 1993 and as U.S. Ambassador to the European Union from 2006 to 2007. He is a founding partner of the Washington, ...
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 and her work with the Andrews Kurth law firm where then-Secretary of State James Baker 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 and Associate Justice
Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
and also because Silberman had joined a ruling overturning one of Oliver North's convictions regarding the Iran-Contra affair. Ultimately, Bush chose Souter on July 24, 1990, and Souter was confirmed by the United States Senate on October 2, 1990, in a 90–9 vote. The senators voting against the Souter nomination were Brock Adams (D-WA), Daniel Akaka (D-HI),
Bill Bradley William Warren Bradley (born July 28, 1943) is an American politician and former professional basketball player. He served three terms as a Democratic U.S. senator from New Jersey (1979–1997). He ran for the Democratic Party's nomination f ...
(D-NJ), Quentin Burdick (D-ND),
Alan Cranston Alan MacGregor Cranston (June 19, 1914 – December 31, 2000) was an American politician and journalist who served as a United States Senator from California from 1969 to 1993, and as a President of the World Federalist Association from 1949 to 1 ...
(D-CA), Edward Kennedy (D-MA), John Kerry (D-MA), Frank Lautenberg (D-NJ), and Barbara Mikulski (D-MD). Senator Pete Wilson (R-CA) did not vote.


Clarence Thomas nomination

After Thurgood Marshall announced his retirement on June 27, 1991, Bush considered only two choices: Thomas and United States Court of Appeals for the Fifth Circuit judge
Emilio M. Garza Emilio Miller Garza (born August 1, 1947) is a former United States circuit judge of the United States Court of Appeals for the Fifth Circuit and former United States District Judge of the United States District Court for the Western District of ...
. 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 Henry Sununu (born July 2, 1939) is an American politician who was the 75th governor of New Hampshire from 1983 to 1989 and later White House Chief of Staff under President George H. W. Bush. Born in Cuba to an American father and a Salva ...
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. 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 is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment includes a range of actions fro ...
by Thomas, the United States Senate 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 First Circuit ** David Souter (born 1939) (Nominated and Confirmed) * Court of Appeals for the Second Circuit **
Roger Miner Roger Jeffrey Miner (April 14, 1934 – February 18, 2012) was a United States circuit judge of the United States Court of Appeals for the Second Circuit and a United States district judge of the United States District Court for the Northern Distr ...
(1934–2012) **
Ralph K. Winter, Jr. Ralph Karl Winter Jr. (July 30, 1935 – December 8, 2020) was a United States circuit judge of the United States Court of Appeals for the Second Circuit. Education and career Born in Waterbury, Connecticut, Winter graduated from the Taft Scho ...
(born 1935) *
Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryland ...
**
William Walter Wilkins William Walter "Billy" Wilkins (born 1942) is a former United States federal judge, United States circuit judge of the United States Court of Appeals for the Fourth Circuit and a former United States District Judge of the United States District Co ...
(born 1942) *
Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...
**
Emilio M. Garza Emilio Miller Garza (born August 1, 1947) is a former United States circuit judge of the United States Court of Appeals for the Fifth Circuit and former United States District Judge of the United States District Court for the Western District of ...
(born 1947) **
Patrick Higginbotham Patrick Errol Higginbotham (born December 16, 1938) is an American judge and lawyer who serves as a Senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit. Background and education Judge Higginbotham wa ...
(born 1938) **
Edith H. Jones Edith Hollan Jones (born April 7, 1949) is a United States circuit judge and the former chief judge of the United States Court of Appeals for the Fifth Circuit. Jones was nominated by President Ronald Reagan on February 27, 1985, to a new seat ...
(born 1949) * Court of Appeals for the Eighth Circuit **
Pasco Bowman II Pasco Middleton Bowman II (born December 20, 1933) is an American attorney and jurist serving as a senior United States circuit judge of the United States Court of Appeals for the Eighth Circuit. Early life and education Bowman was born in Har ...
(born 1933) *
Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
** Cynthia Holcomb Hall (1929–2011) **
J. Clifford Wallace John Clifford Wallace (born December 11, 1928) is a United States federal judge, Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit and previously was a United States district judge of the United States ...
(born 1928) * Court of Appeals for the D.C. Circuit **
Laurence H. Silberman Laurence Hirsch Silberman (October 12, 1935 – October 2, 2022) was an American lawyer, diplomat, jurist, and government official who served as a United States circuit judge of the United States Court of Appeals for the District of Columbia Ci ...
(born 1935) ** Clarence Thomas (born 1948) (Nominated and Confirmed)


United States Senators

* John Danforth (born 1936) – Republican senator from Missouri


Executive Branch officials

* Kenneth Starr (1946–2022) – United States Solicitor General under Bush


Other backgrounds

*
Abraham David Sofaer Abraham David Sofaer (born May 6, 1938) is an American attorney and jurist who served as a United States district judge of the United States District Court for the Southern District of New York and legal adviser to the United States State Departm ...
(born 1938) – former
federal judge Federal judges are judges appointed by a federal level of government as opposed to the state/provincial/local level. United States A US federal judge is appointed by the US President and confirmed by the US Senate in accordance with Article 3 of ...
on the United States District Court for the Southern District of New York and Legal Adviser to the United States State Department 1985–1990 under
Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
and
George Shultz George Pratt Shultz (; December 13, 1920February 6, 2021) was an American economist, businessman, diplomat and statesman. He served in various positions under two different Republican presidents and is one of the only two persons to have held fou ...
.Sofaer bio
Hoover Institution. Retrieved 2-28-09.


See also

* United States federal judge * Judicial appointment history for United States federal courts * Clarence Thomas Supreme Court nomination


References

{{DEFAULTSORT:Bush, George H. W., Supreme Court Candidates United States Supreme Court candidates by president Presidency of George H. W. Bush