Robert Bork was nominated by President Ronald Regan on July 7, 1987 to replace Justice Lewis Powell Jr. who was retiring that year. Bork was rejected by the Senate and Anthony Kennedy replaced Justice Powell. He was defeated by 58 (against) to 42 (for), which is noted as the largest margin in history. There are many reasons why Bork was rejected because of his views on certain topics, his controversial articles, and other things. In the 1960’s Bork started to sell a new brand of legal conservatism he called it “original intent” which means that judges should go no further in interpreting the constitution than the words of the founding document. Bork started off as the solicitor general for President Nixon in 1973 and this was during the Watergate scandal. President Nixon gave an order to his attorney general to fire Special Prosecutor Archibald Cox, but both the attorney general and deputy attorney general refused. Cox was requesting the tapes from Nixon’s conversations in the oval office. Bork believed it was up to him to carry out Nixon’s requests to fire Cox, and after firing Cox he became attorney general. The event is now known as the Saturday Night Massacre which involves the firing of Cox. This could have been a part of the …show more content…
However Senator Kennedy said. “Your views would take us back to the days when women were second-class citizens.” This is upsetting because till this very day women are not treated equally, and if Bork was confirmed woman would probably be housewives. The closing remarks of Sen. Kennedy’s opening salvo against the Bork nomination, in which he declared that ‘[Reagan] should not be able to reach out from the muck of Irangate, reach into the muck of Watergate, and impose his reactionary vision of the Constitution on the Supreme Court and on the next generation of Americans,” are informative. This really demonstrates a reason why he wasn’t
The implications of a governor targeting this Justice were because she was soft on punishment. The Republican governor as well as the senators opposed her ( Vile 2003 ). Justice White said that the Chief Justice wanted to fill her spot with someone in his party (Denver Bar Association).
Judge Neil Gorsuch is President Donald Trump's selection to fill the Supreme Court seat that was left open a year ago by the death of Justice Antonin Scalia. Gorsuch graduated from Columbia, Harvard and Oxford, was a clerk for two Supreme Court justices and worked for a period of time at the Department of Justice. He attended Harvard Law with former President of the United States Barack Obama. Gorsuch has served on the 10th Circuit Court of Appeals, in Colorado since 2006.
investigation by Congress, Nixon was committing illegal acts other than that of burglary. It was
In Supreme Conflict, Jan Crawford Greenburg provides insightful analysis and assessment of the politics surrounding the Supreme Court appointment process of Justices during the Rehnquist Court. Despite having seven conservative nominees the Rehnquist Court was deeply disappointing to those conservatives hoping to reverse decades of progressive rulings on key social issues. Throughout the book Greenburg describes both positive and negative appointments and nominations such as Anthony Kennedy Clarence Thomas, and David Souter. Greenburg also includes some background on the impact the Warren and Berger Courts had on the Rehnquist and later Roberts Courts.
There is an open seat in the supreme court. Since the death of justice Antonin Scalia in February 2016, President Barack Obama has attempted to appoint judge Merrick Garland to fill this vacancy. However, the currently Republican U.S. Senate has refused to act on the nomination. This is not the first time the Senate has disagreed with the president's choice of nominee. The Senate confirms just around eighty percent of the president's nominations. There is a strong rationale behind this two-tiered appointment system. Seats in the Supreme Court are extremely important positions to hold; the Supreme Court has the role of interpreting the text of the Constitution and using that interpretation
Associate Justice Antonin Scalia was sworn into the Supreme Court on September 26, 1986 and was nominated by President Ronald Reagan. He took the place of Associate Justice William H. Renquist when Renquist was sworn in as Chief Justice. Justice Antonin Scalias' political affiliation is Republican. Justice Antonin started his career as a commercial lawyer for a brief period. He then taught Law at The University of Virginia. After about 4 years of teaching he went into government service starting under President Nixon and then President Ford. During President Carters reign, Justice Antonin left government service to go back to teaching law. He went back into government service under President Reagans administration and was appointed to the U.S. Court of Appeals for Washington D.C. Justice Antonin Scalia attended Georgetown University and graduated as the Valedictorian of his class. He then went on to attend and graduate from Harvard Law School. He is married and had nine children.
President Obama publicly disagreed with the decision but could not change it. The President decides on nominations who are then put under scrutiny while he receives the ‘advise and consent’ of the Senate judiciary committee. There is therefore a small democratic link however it is very weak. Once a Justice is appointed they cannot be removed and are independent of the other political bodies this can be evidenced by Eisenhower’s appointments, a Republican conservative who appointed 2 liberal justices, something he regretted so much so that when asked if there were any regrets after his time in office he replied “I have made two mistakes, and they are both sitting on the Supreme Court”. As stated before the judiciary is independent and once Supreme Justices are appointed they cannot be fired or dismissed this leaves a huge deficit of accountability, a key factor of democracy.
The United States president, Barack Obama, nominated a longtime federal judge Merrick Garland to take the position of the Supreme Court and replace the former justice, Antonin Scalia. Merrick Garland’s past decisions related to different issues had made him the talk of the town. Although Garland has a 19 year record on the U.S. court of Appeals for the D.C. Circuit, this does not lend him to a fast evaluation (Mcshane).
Justice Jackson was not a strong supporter of the judicial review. He wrote a statement in 1954 referring to the real strength of the Court. Justice Jackson wrote “The real strength of the position of the Court is probably in its indispensability to government under a written Constitution. It is difficult to see how the provisions of a one-hundred-and-fifty-year-old written document can have much vitality if there is not some permanent institution to translate them into current commands.”
Since the creation of the judiciary there have been many modifications that have occurred. To start as it talks about in our textbook, justices began serving on the Supreme Court for a much longer term. Until recently, most justices were confirmed by the Senate, and from 1947 to 1985, almost all persons nominated to be a federal appeals court judge were approved. But of late, these nominations have had a less certain reception in the Senate. In 1986 President Ronald Reagan nominated Antonin Scalia for the Supreme Court, the Senate confirmed him by a vote of 98 to 0, but one year later, when he nominated Robert Bork the Senate rejected him. The different parties in the Senate try to block the vote based on the political party of the current President. In the textbook, it talks about how much harder the Senate is to confirm the nominees by a high yes
tried to have Cox fired. On Oct. 20, 1973, Attorney General Elliot L. Richardson, refusing to dismiss Cox, resigned in protest. His deputy, William Ruckelshaus, also refused and was fired. Nixon's solicitor general, who was next in command, then fired Cox. The "Saturday night massacre," as the events of that evening became known,
Judge Neil Gorsuch is President Donald Trump's choice to fill the Supreme Court seat vacated a year ago by the death of Justice Antonin Scalia. Gorsuch graduated from Columbia, Harvard and Oxford, clerked for two Supreme Court justices and did a stint at the Department of Justice. He attended Harvard Law with former President of the United States Barack Obama. Since 2006, he has served on the 10th Circuit Court of Appeals, in Colorado.
Trying to pack the court is not a new concept, if it were not for John Adams court packing attempt we would not have judicial review. Some presidents back the court with an agenda in mind, Reagans appointment of Sandra Day O’Connor and Scalia to overturn Roe v. Wade, or ideologies such as Bush’s appointment of John Roberts a known conservative. Although, not ever president has a set agenda or ideology when they make appointments, some make more moderate appointments.
When Jefferson assumed his presidency as the first republican president, he knew Adams nomination of 58 justices was a last resort to retain federalist power throughout the government. Although, to Jefferson’s liking, the justices were not delivered before he became
All the justices loved Rehnquist. When he went into the hospital in 2004 due to thyroid cancer, they knew he was dying. Even so, Rehnquist did not want to retire from the Supreme Court. He still wanted to be involved He even made an “unsteady journey” to administer the Oath of Office to President George W. Bush. Even though he was away from the court building, he still listened to tapes, cast votes, and made assignments. With Rehnquist gone from the building, it was up to O’Connor and Kennedy to avoid controversy because they were Rehnquist’s beneficiaries.