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Encyclopedia > Bush Supreme Court candidates
John Roberts is sworn in as Chief Justice by Associate Justice John Paul Stevens in the East Room of the White House on the same day as his confirmation, September 29, 2005.
John Roberts is sworn in as Chief Justice by Associate Justice John Paul Stevens in the East Room of the White House on the same day as his confirmation, September 29, 2005.
Samuel Alito is sworn in as an Associate Justice by Chief Justice John Roberts in the East Room of the White House on the day after his confirmation, February 1, 2006.
Samuel Alito is sworn in as an Associate Justice by Chief Justice John Roberts in the East Room of the White House on the day after his confirmation, February 1, 2006.

Speculation has abounded over potential nominations to the Supreme Court of the United States by George W. Bush since before his presidency. Image File history File linksMetadata Robertsoath. ... Image File history File linksMetadata Robertsoath. ... Image File history File linksMetadata Alitoswornin. ... Image File history File linksMetadata Alitoswornin. ... The Supreme Court of the United States is the highest judicial body in the U.S.. As the highest court, it provides the leadership of the judicial branch of the U.S. federal government. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States. ...


In the summer of 2005, this speculation became newsworthy, due to the announcement of the retirement of Associate Justice Sandra Day O'Connor on July 1. President Bush announced federal appellate judge John Roberts as O'Connor's replacement on July 19. Retired Associate Justice Sandra Day OConnor Sandra Day OConnor (born Sandra Day on March 26, 1930) is a former American judge and politician who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ... John Glover Roberts, Jr. ...


On September 5, two days after the death of Chief Justice William Rehnquist, Bush renominated Roberts as the 17th Chief Justice of the United States. He was confirmed by the Senate on September 29, 2005. William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist and political figure, who served as an Associate Justice on the Supreme Court of the United States and Chief Justice of the United States. ... The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the Supreme Court of the United States. ...


On October 3, Bush nominated White House Counsel Harriet Miers to succeed O'Connor. However, Miers withdrew her nomination on October 27 after facing significant opposition. Harriet Miers Harriet Ellan Miers (born August 10, 1945) is an American lawyer, currently serving as White House Counsel. ...


On October 31, Bush nominated another federal appellate judge, Samuel Alito, as his new choice to replace O'Connor. Alito was confirmed as the 110th Justice of the Supreme Court on January 31, 2006. Justice Samuel A. Alito, Jr. ... To become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the U.S. Senate, with at least half of that body approving in the affirmative. ...

Contents


Overview

Throughout much of the history of the United States, the Supreme Court of the United States 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). The Supreme Court of the United States is the highest judicial body in the U.S.. As the highest court, it provides the leadership of the judicial branch of the U.S. federal government. ...


Furthermore, the current court has been sharply divided on a number of high-profile issues, including abortion rights, affirmative action, the extent of Congressional power under the Commerce Clause, eminent domain, gay rights, the separation of church and state under the Establishment Clause, sovereign immunity, and states' rights. 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. Throughout history, induced abortions have been a source of considerable debate and controversy. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, empowers the United States Congress To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. ... Eminent domain (US), compulsory purchase (United Kingdom, New Zealand), compulsory acquisition (Australia) or expropriation (Canada, South Africa) in common law legal systems is the power of the state to expropriate private property without the owners consent. ... The gay rights movement is a collection of loosely aligned civil rights groups, human rights groups, support groups and political activists seeking acceptance, tolerance and equality for non-heterosexual, (homosexual, bisexual), and transgender people - despite the fact that it is typically referred to as the gay rights movement, members also... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Sovereign immunity or crown immunity is a type of immunity that, in common law jurisdictions traces its origins from early English law. ... In American politics and constitutional law, states rights are guaranteed by the Tenth Amendment to the United States Constitution (i. ...


Politics

When asked about the kind of justices he would appoint to the Supreme Court, President George W. Bush responded: "I would pick people that would be strict constructionists. We've got plenty of lawmakers in Washington, D.C. Legislators make law. 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 of the conservative magazine The Weekly Standard that he would nominate judges to the court in the mold of controversial originalist Justice Antonin Scalia [1]. George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States. ... Strict constructionism is a philosophy of judicial interpretation and legal philosophy that holds to the meanings of words and phrases as used when they were written down. ... Nickname: the District Motto: Justitia Omnibus (Justice for All) Official website: http://www. ... Law (from the late Old English lagu of probable North Germanic origin) in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, intended to provide methods for ensuring the impartial treatment of such people, and provide... Fred Barnes may be: Fred Barnes (1885-1938) was an English music hall artist. ... The Weekly Standard is an American conservative political magazine published 48 times per year. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... Justice Antonin Scalia Antonin Gregory Scalia (born March 11, 1936) has been a U.S. Supreme Court Associate Justice since 1986. ...


The filibuster

Soon after the inauguration of Bush as president in January, 2001, many liberal academics became worried that he would begin packing the federal judiciary with conservative jurists. Yale law professor, Bruce Ackerman, wrote an article in the February, 2001, edition of the liberal magazine The American Prospect that encouraged the use of the filibuster to stop Bush from placing any nominee on the Supreme Court during his first term [2]. In addition, law professors Cass Sunstein (University of Chicago) and Laurence Tribe (Harvard), along with Marcia Greenberger of the National Women's Law Center, counselled 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 [3]." Look up liberal on Wiktionary, the free dictionary Liberal may refer to: Politics: Liberalism American liberalism, a political trend in the USA Political progressivism, a political ideology that is for change, often associated with liberal movements Liberty, the condition of being free from control or restrictions Liberal Party, members of... Conservatism or political conservatism is any of several historically related political philosophies or political ideologies. ... The American Prospect is a monthly magazine which focuses on US politics and public policy. ... In a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ... Cass R. Sunstein (b. ... Laurence H. Tribe is a professor of constitutional law at Harvard Law School and the Carl M. Loeb University Professor. ...


On May 9, 2001, President Bush announced his first eleven court of appeals nominees in a special White House ceremony [4]. There was immediate concern expressed by liberal groups like the Alliance for Justice [5]. From June, 2001, to January, 2003, when the Senate was controlled by the Democrats, the most conservative appellate nominees were delayed in the Senate Judiciary Committee. 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 committee [6]. Alliance for Justice is a liberal judicial advocacy group centered mainly around the issues of the selection of federal judges to the Supreme Court, courts of appeals and district court & non-profit group advocacy as they pertain to laws governing how these groups can participate in policy processes. ... The U.S. Senate Committee on the Judiciary (informally Senate Judiciary Committee) is a standing committee of the United States Senate, the upper house of the United States Congress. ...


With no other way to block confirmation, the Senate Democrats started to filibuster judicial nominees. On February 12, 2003, Miguel Estrada, a nominee for the D.C. Circuit, became the first court of appeals nominee ever to be filibustered [7]. Later, nine other conservative court of appeals nominees were also filibustered. Eventually, Estrada withdrew his nomination. Miguel Estrada (born 1961) is an American lawyer who became embroiled in controversy following his 2001 nomination by President George W. Bush to the United States Court of Appeals. ... The United States Court of Appeals for the District of Columbia Circuit, or called simply the DC Circuit Court, is the federal appellate court for the U.S. district court in Washington, DC. Appeals from the DC Circuit, as with all the US Courts of Appeals, are heard by the...


The "nuclear option"

As a result of these ten filibusters, the Senate Republicans threatened repeatedly to change Senate rules using what Senator Trent Lott termed the "nuclear option". This change in rules would eliminate the use of the filibuster to prevent judicial confirmation votes. However, with only a two vote majority, the Republicans were in a weak position to implement this procedural maneuver. Chester Trent Lott (born October 9, 1941 in Grenada, Mississippi) is a U.S. Senator from Mississippi and a member of the Republican Party. ... The nuclear option is a method by which changes can be made to the standard parliamentary procedure of the United States Senate by a simple majority vote, contrary to the requirements of the written rules. ... In a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ...


Things changed in 2005 due to the 2004 elections. With President Bush winning re-election by a clear margin and the Republicans picking up further Senate seats (55-45), the "nuclear option" became a more viable strategy to ensure confirmation. On May 24, 2005, seven senators of each party, called the Gang of 14, in a deal to avoid the use of the "nuclear option", agreed to drop the filibuster against three of the ten blocked court of appeals nominees: Priscilla Owen, Janice Rogers Brown, and William Pryor. In addition, the senators in the group agreed to block future judicial filibusters except in cases involving "extreme circumstances". Despite these agreements, however, some observers have noted that the chances are still high that the Democrats will filibuster if any one of these three controversial nominees is nominated to the Supreme Court. The Gang of 14 (sometimes called the Mod Squad, with mod standing for moderate) was a term coined to describe the bipartisan group of moderate Senators who successfully negotiated a compromise to avoid the deployment of the so-called nuclear option over the organized use of the filibuster by Senate... Priscilla Owen (born in Palacios, Texas, October 4, 1954) is a judge in the United States Court of Appeals for the Fifth Circuit. ... Janice Rogers Brown Janice Rogers Brown (born in Greenville, Alabama, May 11, 1949) is a judge on the United States Court of Appeals for the District of Columbia Circuit. ... William Holcombe Pryor, Jr. ...


Although there has been a long history of Supreme Court nominees being rejected, only one Supreme Court nominee has ever been filibustered. In 1968, Chief Justice nominee Abe Fortas was filibustered and withdrew after a short period. Justices of the Supreme Court of the United States are nominated by the President and confirmed by the Senate. ... Abe Fortas Abraham Fortas (June 19, 1910 - April 5, 1982) was a U.S. Supreme Court associate justice. ...


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 seemed to be born out when conservative John Roberts was renominated to replace conservative Chief Justice Rehnquist. The confirmation process went relatively smoothly with no threat of a filibuster. However, contrary to the thesis, when moderate Associate Justice O'Connor was replaced with conservative Sam Alito a filibuster did not materialize as some liberals and Democrats had hoped despite a more contentious debate on his confirmation. John Glover Roberts, Jr. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist and political figure, who served as an Associate Justice on the Supreme Court of the United States and Chief Justice of the United States. ... In politics and religion, a moderate is an individual who holds an intermediate position between two extreme or radical viewpoints. ... Retired Associate Justice Sandra Day OConnor Sandra Day OConnor (born Sandra Day on March 26, 1930) is a former American judge and politician who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ... Samuel A. Alito, Jr. ...


Consultations with the U.S. Senate

As the 2004–2005 term of the Supreme Court ended, there was a flurry of rumours that Rehnquist, who was undergoing treatment for thyroid cancer, would soon retire. On June 27, 2005, Senate Minority Leader Harry Reid (D-Nevada) 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, Mike DeWine of Ohio, Mike Crapo of Idaho and Lindsey Graham of South Carolina. The list did not include the name of Republican Senator John Cornyn of Texas, a former justice on the Texas Supreme Court. Reid declined to address the omission [8]. Thyroid cancer is cancer of the thyroid gland. ... The Senate Minority Leader is a member of the United States Senate who is elected by his or her party conference to serve as the chief Senate spokesmen for his or her party and to manage and schedule the legislative and executive business of the Senate. ... Harry Mason Reid (born December 2, 1939) is the senior United States Senator from Nevada and a member of the Democratic Party, for which he serves as Senate Minority Leader. ... The Democratic Party is one of two major political parties in the United States, the other one being the Republican Party. ... Official language(s) None Capital Carson City Largest city Las Vegas Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 7th 286,367 km² 519 km 788 km 0. ... Melquiades Rafael Mel Martinez (born October 23, 1946) is a Republican Cuban-born American politician and senator from Florida. ... Official language(s) English Capital Tallahassee Largest city Jacksonville Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 22nd 170 451 km² 260 km 800 km 17. ... Richard Michael Mike DeWine (born January 5, 1947) is an American politician from Ohio. ... Official language(s) None Capital Columbus Largest city Columbus (largest metropolitan area is Cleveland) Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 34th 116,096 km² 355 km 355 km 8. ... Michael Dean Crapo (pronounced Cray-po) (born May 20, 1951) is the junior United States Senator from Idaho. ... Official language(s) English Capital Boise Largest city Boise Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 14th 216,632 km² 491 km 771 km 0. ... Lindsey Olin Graham (born July 9, 1955) is an American politician from South Carolina. ... Official language(s) English Capital Columbia Largest city Columbia Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 40th 82,965 km² 320 km 420 km 6 32°430N to 35°12N 78°030W to 83°20W Population  - Total (2000)  - Density Ranked 26th 4,012... John Cornyn III (born February 2, 1952) is the junior United States Senator from Texas. ... Official language(s) None. ... The U.S. state of Texas has two courts of last resort: the Texas Supreme Court, which is the highest state appellate court for civil matters (including juvenile delinquency, which the law considers to be a civil matter and not criminal) and the Texas Court of Criminal Appeals, the highest...


Unexpectedly, on July 1, 2005, it was not Rehnquist who announced his retirement, but it was 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 and Arlen Specter, and Democrats Reid and Patrick Leahy — to discuss the nomination process. During the meeting, the Democrats offered the President the names of three "moderate" Hispanic federal judges that they could accept: Sonia Sotomayor of the Second Circuit, Edward Prado of the Fifth Circuit, and Ricardo Hinojosa, a Texas district judge. Reid later told the press he was disappointed that the President hadn't chosen to discuss his own choice of possible candidates with the Democrats. In the conservative magazine National Review, the three candidates suggested by the Democrats were quickly dismissed as being offered in bad faith because they were too liberal for a conservative president to seriously consider [9]. William Harrison Frist (born February 22, 1952 in Nashville, Tennessee) is a Republican U.S. Senator from Tennessee and a cardiac surgeon. ... Arlen Specter (born February 12, 1930) is a United States Senator from Pennsylvania. ... Patrick Joseph Leahy (born March 31, 1940) is the senior United States Senator from Vermont. ... It has been suggested that Latino be merged into this article or section. ... Sonia Sotomayor is a judge on the U. S. Court of Appeals for the Second Circuit. ... The United States Court of Appeals for the Second Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: District of Connecticut Northern, Southern, Eastern, and Western Districts of New York District of Vermont The Second Circuit hears argument at the Thurgood Marshall U... ... The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the following United States District Courts: Western, Middle, and Eastern Districts of Louisiana Northern and Southern Districts of Mississippi Western, Eastern, Northern, and Southern Districts of Texas The court is based at... Ricardo H. Hinojosa (born in Rio Grande City, Texas, 1950) is a federal judge in the U.S. District Court for the Southern District of Texas. ... National Review (NR) is a conservative political magazine founded by author William F. Buckley, Jr. ... Look up liberal on Wiktionary, the free dictionary Liberal may refer to: Politics: Liberalism American liberalism, a political trend in the USA Political progressivism, a political ideology that is for change, often associated with liberal movements Liberty, the condition of being free from control or restrictions Liberal Party, members of...


On the same day as the meeting with the President, First Lady Laura Bush 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. First Lady Laura Bush Laura Lane Welch Bush (born November 4, 1946) is the wife of U.S. President George W. Bush and is the First Lady of the United States. ...


John Roberts nomination

John Roberts, now Chief Justice, is pictured here with President Bush at the announcement of his first nomination on July 19, 2005.

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 Appeals . 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 or conservative Edith H. Jones [10] [11]. Clement was considered the frontrunner. About an hour before the televised announcement, however, information was leaked to the press concerning the choice of Roberts [12] [13]. Image File history File links U.S. President George W. Bush looks on as his Supreme Court Justice Nominee John G. Roberts, Jr. ... Image File history File links U.S. President George W. Bush looks on as his Supreme Court Justice Nominee John G. Roberts, Jr. ... John Glover Roberts, Jr. ... 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. ... The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the following United States District Courts: Western, Middle, and Eastern Districts of Louisiana Northern and Southern Districts of Mississippi Western, Eastern, Northern, and Southern Districts of Texas The court is based at... Judge Edith Joy Brown Clement Edith Joy Brown Clement (born April 29, 1948) is a judge on the United States Court of Appeals for the Fifth Circuit. ... Edith H. Jones Edith Hollan Jones (born in Philadelphia, Pennsylvania, 1949) is the Chief Judge of the United States Court of Appeals for the Fifth Circuit. ...


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, once again leaving O'Connor's vacancy without a replacement nominee. The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the Supreme Court of the United States. ...


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 [14]. On September 9, Laura Bush reiterated her previous wish to also see a female nominee [15].


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, Emilio Garza and Edith Jones — would be unacceptable to the Democrats, implying that any of them would be filibustered [16]. Several days later, Specter made it known that he felt that it was too early for Bush to elevate Attorney General Alberto Gonzales to the Supreme Court [17]. J. Michael Luttig (born in Tyler, Texas, June 13, 1954) is a judge on the United States Court of Appeals for the Fourth Circuit, having been appointed to a newly created seat by President George H. W. Bush on April 23, 1991, and confirmed by the United States Senate on... Emilio M. Garza (born in San Antonio, Texas, 1947) is a judge on the United States Court of Appeals for the Fifth Circuit. ... Edith H. Jones Edith Hollan Jones (born in Philadelphia, Pennsylvania, 1949) is the Chief Judge of the United States Court of Appeals for the Fifth Circuit. ... Alberto R. Gonzales (born August 4, 1955) is the 80th and current Attorney General of the United States, becoming the first Hispanic to serve in the position. ...


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 would be the next nominee, but columnist Robert Novak reported that by Friday, Reid had told Frist that Judge Owen would also be filibustered if chosen [18]. Priscilla Owen (born in Palacios, Texas, October 4, 1954) is a judge in the United States Court of Appeals for the Fifth Circuit. ... įRobert David Sanders Novak (born February 26, 1931) is an American journalist and political figure. ...


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" [19]. He restated this position during the meeting with the President when he warned against nominating either Brown or Owen [20]. Again, Reid and Leahy offered the names of judges Sotomayor, Prado and Hinojosa [21]. 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" [22]. John Roberts was confirmed by the Senate 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, a columnist for the Wall Street Journal, announced on the radio show of blogger Matt Drudge that his sources had told him that the nominee would be moderate Hispanic Judge Consuelo M. Callahan of the Ninth Circuit. The website ConfirmThem.com [23], however, reported on the same evening that the selection had been made in favor of conservative Fourth Circuit Judge Karen J. Williams. The next morning (on Monday, October 3), President Bush unexpectedly chose little-known White House Counsel Harriet Miers to be O'Connor's replacement on the court. John Fund is the conservative commentator who writes the weekly Political Diary column for Wall Street Journals OpinionJournal. ... The Wall Street Journal is an influential international daily newspaper published in New York City, New York with an average daily circulation of 1,800,607 (2002). ... Matthew Drudge (born October 27, 1966) is an American Internet news personality. ... Consuelo Maria Callahan is a judge on the United States Court of Appeals for the Ninth Circuit. ... United States Court of Appeals for the Ninth Circuit - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... The United States Court of Appeals for the Fourth Circuit is a federal court with appellate jurisdiction over the following United States district courts: District of Maryland Western, Middle, and Eastern Districts of North Carolina District of South Carolina Western and Eastern Districts of Virginia Northern and Southern Districts of... Karen J. Williams, (born in Orangeburg, South Carolina, 1951) is a judge on the United States Court of Appeals for the Fourth Circuit. ... The White House Counsel is a staff appointee of the President of the United States. ... Harriet Miers Harriet Ellan Miers (born August 10, 1945) is an American lawyer, currently serving as White House Counsel. ...


Harriet Miers nomination

President Bush introducing withdrawn nominee Harriet Miers.
Enlarge
President Bush introducing withdrawn nominee Harriet Miers.

There was immediate and intense opposition to Miers' nomination, primarily from conservative Republicans. Principal complaints included: ImageMetadata File history File links Bush-Miers-051003. ... ImageMetadata File history File links Bush-Miers-051003. ...

  • That her credentials under objective standards were not sufficient to qualify her for the position.
  • That her nomination was the result of political cronyism. Because her legal career did not compare to those of other possible conservative female candidates (like federal appellate judges Edith Jones, Karen J. Williams, Priscilla Owen, and Janice Rogers Brown), many thought that President Bush probably nominated Miers for her personal loyalty to him rather than for her qualifications.

On the morning of Thursday, October 27, 2005, President Bush "reluctantly" accepted Miers's request to withdraw her nomination. Cronyism is partiality to long-standing friends, especially by appointing them to public office without regard for their qualifications. ... Edith H. Jones Edith Hollan Jones (born in Philadelphia, Pennsylvania, 1949) is the Chief Judge of the United States Court of Appeals for the Fifth Circuit. ... Karen J. Williams, (born in Orangeburg, South Carolina, 1951) is a judge on the United States Court of Appeals for the Fourth Circuit. ... Priscilla Owen (born in Palacios, Texas, October 4, 1954) is a judge in the United States Court of Appeals for the Fifth Circuit. ... Janice Rogers Brown Janice Rogers Brown (born in Greenville, Alabama, May 11, 1949) is a judge on the United States Court of Appeals for the District of Columbia Circuit. ... Strict constructionism is a philosophy of judicial interpretation and legal philosophy that holds to the meanings of words and phrases as used when they were written down. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... The morality and legality of abortion are controversial topics. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The gay rights movement is a collection of loosely aligned civil rights groups, human rights groups, support groups and political activists seeking acceptance, tolerance and equality for non-heterosexual, (homosexual, bisexual), and transgender people - despite the fact that it is typically referred to as the gay rights movement, members also...


Samuel Alito nomination

Associate Justice Samuel Alito acknowledges his nomination on October 31, 2005, with President Bush looking on.
Enlarge
Associate Justice Samuel Alito acknowledges his nomination on October 31, 2005, with President Bush looking on.

Bush moved quickly to find an alternative nominee to Miers, a nominee who would have both the credentials that Miers lacked and a conservative judicial philosophy that could be documented. On the morning of Monday, October 31, Bush announced the nomination of well-known conservative Judge Samuel A. Alito, Jr., a fifteen year veteran of the Third Circuit Court of Appeals. ImageMetadata File history File links Bush-Alito-051031. ... ImageMetadata File history File links Bush-Alito-051031. ... Justice Samuel A. Alito, Jr. ... The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the following United States District Courts: District of Delaware District of New Jersey Western, Middle, and Eastern Districts of Pennsylvania District of the United States Virgin Islands The court is based at...


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 Democrat Senator John Kerry to filibuster [24], a cloture vote to end debate passed 72-25 on Monday, January 30. On Tuesday, January 31, Alito was confirmed by a vote of 58-42 and was sworn in privately later the same day. The next day, he was publicly sworn in.
John Forbes Kerry (born December 11, 1943) is the junior United States Senator from Massachusetts. ... In parliamentary procedure, cloture (pr: KLO-cher) (also called closure) is a motion or process aimed at bringing debate to a quick end. ...


Names frequently mentioned

Following is a list of individuals that have been mentioned in various news accounts as the most likely potential nominees for a Bush appointment:


United States Courts of Appeals

The United States Courts of Appeals (or circuit courts) are the mid-level appellate courts of the United States federal court system. ... Image File history File links Download high resolution version (2200x1699, 99 KB)Map of the geographic boundaries of the various United States Courts of Appeals and United States District Courts. ...

The United States Court of Appeals for the Second Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: District of Connecticut Northern, Southern, Eastern, and Western Districts of New York District of Vermont The Second Circuit hears argument at the Thurgood Marshall U... Sonia Sotomayor is a judge on the U. S. Court of Appeals for the Second Circuit. ... The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the following United States District Courts: District of Delaware District of New Jersey Western, Middle, and Eastern Districts of Pennsylvania District of the United States Virgin Islands The court is based at... Justice Samuel A. Alito, Jr. ... President George W. Bush announces that Judge Samuel A. Alito, Jr. ... The United States Court of Appeals for the Fourth Circuit is a federal court with appellate jurisdiction over the following United States district courts: District of Maryland Western, Middle, and Eastern Districts of North Carolina District of South Carolina Western and Eastern Districts of Virginia Northern and Southern Districts of... J. Michael Luttig (born in Tyler, Texas, June 13, 1954) is a judge on the United States Court of Appeals for the Fourth Circuit, having been appointed to a newly created seat by President George H. W. Bush on April 23, 1991, and confirmed by the United States Senate on... James Harvie Wilkinson III (born in New York, New York, September 29, 1944) is a federal judge serving on the Fourth Circuit Court of Appeals. ... Karen J. Williams, (born in Orangeburg, South Carolina, 1951) is a judge on the United States Court of Appeals for the Fourth Circuit. ... The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the following United States District Courts: Western, Middle, and Eastern Districts of Louisiana Northern and Southern Districts of Mississippi Western, Eastern, Northern, and Southern Districts of Texas The court is based at... Judge Edith Joy Brown Clement Edith Joy Brown Clement (born April 29, 1948) is a judge on the United States Court of Appeals for the Fifth Circuit. ... Emilio M. Garza (born in San Antonio, Texas, 1947) is a judge on the United States Court of Appeals for the Fifth Circuit. ... Edith H. Jones Edith Hollan Jones (born in Philadelphia, Pennsylvania, 1949) is the Chief Judge of the United States Court of Appeals for the Fifth Circuit. ... Priscilla Owen (born in Palacios, Texas, October 4, 1954) is a judge in the United States Court of Appeals for the Fifth Circuit. ... Edward C. Prado is currently a judge on the United States Court of Appeals for the Fifth 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: Western and Eastern Districts of Kentucky Western and Eastern Districts of Michigan Northern and Southern Districts of Ohio Western, Middle, and Eastern Districts of Tennessee... Danny Julian Boggs (born in Havana, Cuba, October 23, 1944) is the Chief Judge on the United States Court of Appeals for the Sixth Circuit. ... Alice Moore Batchelder (born 1944) is an American attorney and jurist. ... Deborah L. Cook (born 1952) is a judge on the United States Court of Appeals for the Sixth Circuit. ... The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the following United States district courts: Central, Northern, and Southern Districts of Illinois Northern and Southern Districts of Indiana Eastern and Western Districts of Wisconsin The court is based at the Dirksen... Frank Hoover Easterbrook (born 1948) has been a judge on the United States Seventh Circuit Court of Appeals since 1985. ... Judge Richard Allen Posner (born January 11, 1939, New York City) is currently a judge on the United States Court of Appeals for the Seventh Circuit. ... Diane S. Sykes is a judge on the United States Court of Appeals for the Seventh Circuit. ... United States Court of Appeals for the Ninth Circuit - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... Consuelo Maria Callahan is a judge on the United States Court of Appeals for the Ninth Circuit. ... Judge Alex Kozinski (born July 23, 1950) is a judge in the United States Court of Appeals for the Ninth Circuit and a popular essayist. ... The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the following United States district courts: District of Colorado District of Kansas District of New Mexico Eastern, Northern, and Western Districts of Oklahoma District of Utah District of Wyoming These districts were... Michael W. McConnell (born in Louisville, Kentucky, 1955) is a judge on the United States Court of Appeals for the Tenth Circuit, having been nominated by President George W. Bush on September 4, 2001, and confirmed by the United States Senate on November 15, 2002. ... Deanell Reece Tacha (born 1946 in Goodland, Kansas) is the chief judge of the U.S. Court of Appeals for the Tenth Circuit. ... The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the following United States district courts: Northern, Middle, and Southern Districts of Alabama Northern, Middle, and Southern Districts of Florida Northern, Middle, and Southern Districts of Georgia These districts were originally part... William Holcombe Pryor, Jr. ... 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. ... Janice Rogers Brown Janice Rogers Brown (born in Greenville, Alabama, May 11, 1949) is a judge on the United States Court of Appeals for the District of Columbia Circuit. ... John Glover Roberts, Jr. ... John Roberts, 17th Chief Justice of the United States The 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. Bush to fill the vacancy of Chief Justice...

United States Senators

John Cornyn III (born February 2, 1952) is the junior United States Senator from Texas. ... Official language(s) None. ... The U.S. state of Texas has two courts of last resort: the Texas Supreme Court, which is the highest state appellate court for civil matters (including juvenile delinquency, which the law considers to be a civil matter and not criminal) and the Texas Court of Criminal Appeals, the highest... Orrin Grant Hatch (born March 22, 1934 in Pittsburgh) is a five-term Republican United States Senator, from Utah. ... Official language(s) English Capital Salt Lake City Largest city Salt Lake City Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 13th 219,887 km² 435 km 565 km 3. ... This page is about the current Arizona Senator; for his father, a U.S. Representative from Iowa, see John Kyl; for an unrelated U.S. Representative from Mississippi, see John Kyle. ... Official language(s) English Capital Phoenix Largest city Phoenix Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 6th 295,254 km² 500 km 645 km 0. ...

Executive branch officials

Paul Clement Paul D. Clement is the Solicitor General of the United States. ... The United States Solicitor General is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case. ... Chris Cox For other people named Chris Cox, see Chris Cox (disambiguation). ... The U.S. Securities and Exchange Commission, commonly referred to as the SEC, is the United States governing body which has primary responsibility for overseeing the regulation of the securities industry. ... Alberto R. Gonzales (born August 4, 1955 in San Antonio, Texas, USA) is the current United States. ... Alberto Gonzales, current Attorney General of the United States 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 White House Counsel is a staff appointee of the President of the United States. ... The U.S. state of Texas has two courts of last resort: the Texas Supreme Court, which is the highest state appellate court for civil matters (including juvenile delinquency, which the law considers to be a civil matter and not criminal) and the Texas Court of Criminal Appeals, the highest... Harriet Miers Harriet Ellan Miers (born August 10, 1945) is an American lawyer, currently serving as White House Counsel. ... The White House Counsel is a staff appointee of the President of the United States. ... It has been suggested that this article or section be merged into Harriet Miers. ...

Other backgrounds

Note that candidates with a higher number for news reports have been mentioned more recently. Cecilia Marie Altonaga (born 2nd January 1962, Baltimore, Maryland, USA) is the first Cuban-American woman to be appointed as a federal judge in the United States. ... The United States District Court for the Southern District of Florida is the Federal district court whose jurisdiction is comprised of the following counties: Broward, Dade, Highlands, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and St. ... Raoul G. Cantero, III (b. ... The Florida Supreme Court is the highest court in the State of Florida. ... Maura D. Corrigan is a justice of the Michigan Supreme Court having joined the court in 1998, and was the Chief Justice from 2001–2004. ... The Michigan Supreme Court is the highest court in the State of Michigan, that is the court of last resort. ... External links Viet D. Dinh Professor of Law; Co-Director, Asian Law & Policy Studies Program at Georgetown Law School Biography of Viet D Dinh by the Institute for Corean-American Studies Testimony of Viet Dinh Professor of Law Georgetown University Law Center before the House Subcommittee on the Constitution America... The schools original sign, preserved on the north quad of the present-day campus. ... Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General. ... Miguel Estrada (born 1961) is an American lawyer who became embroiled in controversy following his 2001 nomination by President George W. Bush to the United States Court of Appeals. ... The United States Solicitor General is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case. ... President George W. Bush and Laura Bush stand with 2005 National Humanities Medal recipient Mary Ann Glendon. ... Harvard Law School (HLS) is one of the professional graduate schools of Harvard University. ... A controversial entity, created by George W. Bush, whose purpose is to regulate (or, at least, tell the president how he ought to regulate) biotechnology and biomedical research. ... Ricardo H. Hinojosa (born in Rio Grande City, Texas, 1950) is a federal judge in the U.S. District Court for the Southern District of Texas. ... Map of the United States District Court for the Southern District of Texas and the jurisdictions therein The United States District Court for the Southern District of Texas is the Federal district court with jurisdiction over the southern part of Texas and is a part of the Fifth Circuit. ... Rebecca Love Kourlis (November 11, 1952) is a former justice of the Colorado Supreme Court. ... The Colorado Supreme Court is the highest court in the U.S. state of Colorado. ... Maureen E. Mahoney Maureen E. Mahoney (born 1955) is an appellate lawyer at the law firm of Latham & Watkins LLP in Washington, DC who has argued cases before the U.S. Supreme Court. ... The United States Solicitor General is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case. ... Theodore Bevry Olson (born September 11, 1940) was the 42nd United States Solicitor General, serving from June 2001 to July 2004. ... The United States Solicitor General is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case. ... Larry Thompson was briefly regarded as the leading candidate for Attorney General after John Ashcroft left the post. ... PepsiCo, Inc. ... Justice Department redirects here. ...


References

  1. Green, Frank (22 November 2004). 4th Circuit's Luttig said potential high-court pick (Times-Dispatch)
  2. Woellert, Lorraine (22 November 2004) What The New Court Will Look Like (Business Week)
  3. www.cleveland.com/news Article on "Potential Supreme Court Nominees" (Cleveland Plain Dealer)
  4. High Court Prospects Emerging
  5. CNN discussion (CNN)
  6. Possible Bush Nominees
  7. Odds on Supreme Court Appointments
  8. The Supreme Court Shortlist: The views of the likely candidates to succeed Rehnquist (MSN)
  9. Highest court buzzing
  10. O'Connor's decision to retire sets off nomination, confirmation battles (MSNBC)
  11. Speculators eye Cornyn for Supreme Court post
  12. Frist, Reid Talk Potential Court Nominees (Washington Post)
  13. "Supreme Court: Likely candidates" (BBC)
  14. Justice O'Connor retires (Washington Post)
  15. Possible Successors (New York Times)
  16. Justice O’Connor to retire (Chicago Tribune)
  17. Fla. Justice Gets Backing for U.S. Supreme Court Seat
  18. Sources: Senators suggest court candidates (CNN)
  19. Update: Bush to announce Supreme Court nominee in prime-time TV appearance (The San Diego Union Tribune)
  20. Bush Nominates Federal Judge Roberts (ABC News)
  21. Bush Gets Chance to Name Chief Justice, (ABC News)
  22. Who will be the next Chief justice? (CNN)
  23. Bush vows to replace Rehnquist quickly (World Peace Herald)
  24. White House Said to Shift List (New York Times)
  25. Justice Dinh {Wall Street Journall)
  26. Roberts Seen as a Template to Follow after Miers (LA Times)
  27. Bush pulls plug on Miers: New court choice imminent (Chicago Tribune)
  28. Bush heads to Camp David to ponder nominee (AP)
  29. Bush's Court Choice Ends Bid (NY Times)
  30. Bush to Look to Roberts' Model in New Court Pick (Boston Globe)

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

  Results from FactBites:
 
Bush Supreme Court candidates - Wikipedia, the free encyclopedia (2973 words)
Alito was confirmed as the 110th Justice of the Supreme Court on January 31, 2006.
Throughout much of the history of the United States, the Supreme Court of the United States 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.
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.
  More results at FactBites »


 

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