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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.

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]].

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]].

[[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]].

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.