Confrimation Politics: A Closer Look

The task of the Senate to confirm nominations made by the President for the position of Supreme Court justice has become increasingly difficult in recent years especially since each Senator must assess the stance of the nominees as it relates to certain issues--political party, race, gender, ideology, judicial philosophy, etc. In 1987, when Justice Lewis F. Powell, Jr. retired from the Court, President Reagan nominated Judge Robert Bork to replace Powell. Since Bork previously had published some controversial writings concerning current constitutional issues of which offended many women's and black organizations, it was questionable whether the Senate would confirm his nomination. As the case may be, his confirmation was denied by a vote of 58 to 42. As a result of the "Bork battle," there was much speculation that future presidents would nominate noncontroversial candidates for the Supreme Court. Indeed, President George Bush nominated one such candidate, David Souter, to replace Justice William J. Brennan, Jr. Since there was not much controversy surrounding his past, Souter was confirmed by an overwhelming vote. However, a year later, when Justice Thurgood Marshall retired, President Bush nominated Clarence Thomas, a controversial jurist and conservative African American, to replace him. Two days before his confirmation was to be voted on, it was exposed that Thomas had been accused of sexual harassment by a former associate. Naturally, outrage amongst women's and liberal groups ensued, but Thomas denied the charges against him. Despite the allegation, he was still granted confirmation by the Senate by a vote of 52 to 48, one of the closest confirmation votes for a Supreme Court justice.

Essentially, the message being sent by these observations concerning Supreme Court justice confirmations is that the less controversy that surrounds a nominee and the more willing he or she is to remain impartial on certain constitutional issues, the better chance he or she has in being confirmed by the Senate.