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| | Today people view the appointment [[power]] of the [[President of the United States of America|president]] as his most important authority. In particular, the [[President of the United States of America|president’s]] ability to fill [[U.S. Supreme Court|Supreme Court]] vacancies and lower [[federal]] [[court]] positions is the focus of political attention. The [[President of the United States of America|president]] can usually serve only eight [[year]]s, but a [[U.S. Supreme Court|Supreme Court]] justice can serve 35 [[year]]s or more. | | Today people view the appointment [[power]] of the [[President of the United States of America|president]] as his most important authority. In particular, the [[President of the United States of America|president’s]] ability to fill [[U.S. Supreme Court|Supreme Court]] vacancies and lower [[federal]] [[court]] positions is the focus of political attention. The [[President of the United States of America|president]] can usually serve only eight [[year]]s, but a [[U.S. Supreme Court|Supreme Court]] justice can serve 35 [[year]]s or more. |
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| − | But a vacancy on the [[U.S. Supreme Court|Supreme Court]] must occur before the [[President of the United States of America|president]] can nominate a new [[justice]]. [[President of the United States of America|President]] [[Jimmy Carter |Carter]] did not see a single [[U.S. Supreme Court|Supreme Court]] vacancy during his four-year term. He thus made no appointments. [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] saw three vacancies, and he appointed [[Justice]]s [[Sandra Day O’Connor]], [[Antonin Scalia|Scalia]] and [[Anthony Kennedy|Kennedy]]. Instead of [[Justice]] [[Anthony Kennedy|Kennedy]], [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] initially appointed [[Robert Bork]], who was defeated by the [[United States Senate|Senate]]. A [[majority]] [[vote]] in the [[United States Senate|Senate]] is necessary to confirm a [[federal]] [[judge]] to the [[U.S. Supreme Court|Supreme Court]] or lower [[court]]. [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] also elevated [[Justice]] [[William Rehnquist]] to become [[Chief Justice of the United States of America|Chief Justice]] when [[Chief Justice of the United States of America|Chief Justice]] [[Warren Burger]] retired, and that promotion was approved by the [[United States Senate|Senate]] after some heated [[debate]]. | + | But a vacancy on the [[U.S. Supreme Court|Supreme Court]] must occur before the [[President of the United States of America|president]] can nominate a new [[justice]]. [[President of the United States of America|President]] [[Jimmy Carter |Carter]] did not see a single [[U.S. Supreme Court|Supreme Court]] vacancy during his four-year term. He thus made no appointments. [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] saw three vacancies, and he appointed [[Justice]]s [[Sandra Day O'Connor]] , [[Antonin Scalia|Scalia]] and [[Anthony Kennedy|Kennedy]]. Instead of [[Justice]] [[Anthony Kennedy|Kennedy]], [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] initially appointed [[Robert Bork]], who was defeated by the [[United States Senate|Senate]]. A [[majority]] [[vote]] in the [[United States Senate|Senate]] is necessary to confirm a [[federal]] [[judge]] to the [[U.S. Supreme Court|Supreme Court]] or lower [[court]]. [[President of the United States of America|President]] [[Ronald Wilson Reagan|Reagan]] also elevated [[Justice]] [[William Rehnquist]] to become [[Chief Justice of the United States of America|Chief Justice]] when [[Chief Justice of the United States of America|Chief Justice]] [[Warren Burger]] retired, and that promotion was approved by the [[United States Senate|Senate]] after some heated [[debate]]. |
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| | The [[United States Senate|Senate’s]] defeat of [[Ronald Wilson Reagan|Reagan’s]] nomination of [[Robert Bork]] to the [[U.S. Supreme Court|Supreme Court]] in 1987 was a [[watershed]], because it was purely political. A [[majority]] of [[senator]]s felt [[Robert Bork|Bork]] was too [[conservative]], and the attacks and ultimate rejection of his nomination became known as “Borking” a [[president]]ial pick. He later wrote a popular [[book]] describing the politicization of the [[judiciary]]. | | The [[United States Senate|Senate’s]] defeat of [[Ronald Wilson Reagan|Reagan’s]] nomination of [[Robert Bork]] to the [[U.S. Supreme Court|Supreme Court]] in 1987 was a [[watershed]], because it was purely political. A [[majority]] of [[senator]]s felt [[Robert Bork|Bork]] was too [[conservative]], and the attacks and ultimate rejection of his nomination became known as “Borking” a [[president]]ial pick. He later wrote a popular [[book]] describing the politicization of the [[judiciary]]. |
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| − | [[President of the United States of America|President]] [[George W. Bush|Bush]] completed his first term without picking a single [[U.S. Supreme Court|Supreme Court]] [[justice]]. That was surprising because several vacancies were expected. [[Chief Justice of the United States of America|Chief Justice]] [[Rehnquist]] in particular, nearly 80 [[year]]s old, was expected to step down so that a [[Republican Party|Republican]] [[President of the United States of America|president]] could choose his replacement. It is possible that [[President of the United States of America|President]] [[George W. Bush|Bush]] talked him out of retiring in the hopes that [[Republican Party|Republican]]s will have greater [[power]] in the [[United States Senate|Senate]] after the [[United States presidential election, 2004|2004 elections]], and that [[George W. Bush|Bush]] will still be in [[power]]. This is risky: [[liberal]] Justices [[William Brennan |Brennan]] and [[Thurgood Marshall|Marshall]] decided against retiring during [[President of the United States of America|President]] [[Jimmy Carter|Carter’s]] term, but then faced 12 long [[year]]s of [[Republican Party|Republican]] control of the [[White House]]. Old age forced [[Justice]]s [[William Brennan |Brennan]] and [[Thurgood Marshall|Marshall]] reluctantly to retire in the meantime, during the first [[President of the United States of America|President]] [[George W. Bush|Bush’s]] term, and their spots were filled by [[Justices]] [[David Souter|Souter]] and [[Clarence Thomas|Thomas]]. | + | [[President of the United States of America|President]] [[George W. Bush|Bush]] completed his first term without picking a single [[U.S. Supreme Court|Supreme Court]] [[justice]]. That was surprising because several vacancies were expected. [[Chief Justice of the United States of America|Chief Justice]] [[Rehnquist]] in particular, nearly 80 [[year]]s old, was expected to step down so that a [[Republican Party|Republican]] [[President of the United States of America|president]] could choose his replacement. It is possible that [[President of the United States of America|President]] [[George W. Bush|Bush]] talked him out of retiring in the hopes that [[Republican Party|Republican]]s will have greater [[power]] in the [[United States Senate|Senate]] after the [[United States presidential election, 2004|2004 elections]], and that [[George W. Bush|Bush]] will still be in [[power]]. This is risky: [[liberal]] Justices [[William Brennan |Brennan]] and [[Thurgood Marshall|Marshall]] decided against retiring during [[President of the United States of America|President]] [[Jimmy Carter|Carter’s]] term, but then faced 12 long [[year]]s of [[Republican Party|Republican]] control of the [[White House]]. Old age forced [[Justice]]s [[William Brennan |Brennan]] and [[Thurgood Marshall|Marshall]] reluctantly to retire in the meantime, during the first [[President of the United States of America|President]] [[George W. Bush|Bush’s]] term, and their spots were filled by [[Justice]]s [[David Souter|Souter]] and [[Clarence Thomas|Thomas]]. |
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| | But if that was the calculated [[gambling|gamble]], it paid off. [[President of the United States of America|President]] [[George W. Bush]] was reelected, and then had the opportunity to fill two vacancies in his second term, including a vacancy resulting from the [[death]] of [[Chief Justice]] [[William Rehnquist]]. By all accounts, both of [[President of the United States of America|President]] [[George W. Bush|Bush]]'s appointments to the [[U.S. Supreme Court]] were [[conservative]]: [[John Roberts]], who became the [[Chief Justice]] in replacing [[William Rehnquist]], and [[Sam Alito]], who replaced [[Justice]] [[Sandra Day O'Connor]] after she retired. | | But if that was the calculated [[gambling|gamble]], it paid off. [[President of the United States of America|President]] [[George W. Bush]] was reelected, and then had the opportunity to fill two vacancies in his second term, including a vacancy resulting from the [[death]] of [[Chief Justice]] [[William Rehnquist]]. By all accounts, both of [[President of the United States of America|President]] [[George W. Bush|Bush]]'s appointments to the [[U.S. Supreme Court]] were [[conservative]]: [[John Roberts]], who became the [[Chief Justice]] in replacing [[William Rehnquist]], and [[Sam Alito]], who replaced [[Justice]] [[Sandra Day O'Connor]] after she retired. |