October 17, 2007
The Politics of Supreme Court Nominations
Robert George
McCormick Professor of Jurisprudence, Princeton University
Minutes of the Fifth Meeting of the 66th Year
President Giordmaine called the meeting to order at 10:15 AM. This was the fifth meeting of the 66th year of the Old Guard of Princeton. The meeting was in the Friend Center of Princeton University.
The invocation was led by George Hanson. The minutes of the last meeting were read by John Frederick.
George Hanson introduced his guest Bruce Shragger. There were no visitors. One hundred twenty members of the Old Guard were present. The speaker was Professor Robert George, McCormick Professor of Jurisprudence at Princeton University. His subject was The Politics of Supreme Court Nominations.
Professor George was introduced by Bob Varrin. Professor George’s qualifications were impressive.
In speaking of the politics of Supreme Court nominations, Professor George briefly addressed the recent appointments to the Supreme Court of Chief Justice Roberts and Justice Alito and a possible additional appointment which may be made during the incumbency of President Bush. He then discussed political considerations which have been apparent in the nomination of certain justices and also justices who have not performed as expected by the Presidents who appointed them.
Professor George pointed out that neither the nominations of Chief Justice Roberts nor that of Justice Alito caused much controversy. Roberts replaced a conservative, Chief Justice Rehnquist, and Alito was nominated when Congress had a Republican majority. Professor George said he thought the appointment of Justice Alito would represent a significant shift in the Supreme Court inasmuch as he replaced Justice O’Connor.
Among the examples of political considerations in the nomination of Justices was Eisenhower’s appointment of Justice Brennan. Eisenhower told his Attorney General (Rogers) that he wanted to appoint a Catholic who was a judge from a State court. Justice Brennan who was Catholic and who was, at the time, sitting on the New Jersey Supreme Court was the result. Justice Brennan met these criteria. However, he was a Democrat and he was a liberal. Another example of the politics of Supreme Court nominations was the appointment of the first woman to the Supreme Court, Sandra O’Connor. In 1990, after the Bork nomination the first President Bush sought a Stealth nominee. This resulted in the nomination of Justice Suter who had been a justice of the New Hampshire Supreme Court.
Examples of justices who did not turn out as expected by the presidents who nominated them were: Justice Brennan and Justice Suter, both of whom turned out to be more liberal than expected. Some justices had actually decided against the interests of the president who appointed them. A primary example of this was the ruling of the Supreme Court rejecting President Nixon’s claim of executive privilege and ordering him to surrender his papers and tapes.
Professor George’s talk was well received by the audience of approximately 120 members of the Old Guard and an interesting question period followed. Subjects covered during the question period included Congress’s power to declare war, presidential signing statements, and the nature of a republic versus a democracy.
Respectfully submitted,
Eugene M. Haring
The invocation was led by George Hanson. The minutes of the last meeting were read by John Frederick.
George Hanson introduced his guest Bruce Shragger. There were no visitors. One hundred twenty members of the Old Guard were present. The speaker was Professor Robert George, McCormick Professor of Jurisprudence at Princeton University. His subject was The Politics of Supreme Court Nominations.
Professor George was introduced by Bob Varrin. Professor George’s qualifications were impressive.
In speaking of the politics of Supreme Court nominations, Professor George briefly addressed the recent appointments to the Supreme Court of Chief Justice Roberts and Justice Alito and a possible additional appointment which may be made during the incumbency of President Bush. He then discussed political considerations which have been apparent in the nomination of certain justices and also justices who have not performed as expected by the Presidents who appointed them.
Professor George pointed out that neither the nominations of Chief Justice Roberts nor that of Justice Alito caused much controversy. Roberts replaced a conservative, Chief Justice Rehnquist, and Alito was nominated when Congress had a Republican majority. Professor George said he thought the appointment of Justice Alito would represent a significant shift in the Supreme Court inasmuch as he replaced Justice O’Connor.
Among the examples of political considerations in the nomination of Justices was Eisenhower’s appointment of Justice Brennan. Eisenhower told his Attorney General (Rogers) that he wanted to appoint a Catholic who was a judge from a State court. Justice Brennan who was Catholic and who was, at the time, sitting on the New Jersey Supreme Court was the result. Justice Brennan met these criteria. However, he was a Democrat and he was a liberal. Another example of the politics of Supreme Court nominations was the appointment of the first woman to the Supreme Court, Sandra O’Connor. In 1990, after the Bork nomination the first President Bush sought a Stealth nominee. This resulted in the nomination of Justice Suter who had been a justice of the New Hampshire Supreme Court.
Examples of justices who did not turn out as expected by the presidents who nominated them were: Justice Brennan and Justice Suter, both of whom turned out to be more liberal than expected. Some justices had actually decided against the interests of the president who appointed them. A primary example of this was the ruling of the Supreme Court rejecting President Nixon’s claim of executive privilege and ordering him to surrender his papers and tapes.
Professor George’s talk was well received by the audience of approximately 120 members of the Old Guard and an interesting question period followed. Subjects covered during the question period included Congress’s power to declare war, presidential signing statements, and the nature of a republic versus a democracy.
Respectfully submitted,
Eugene M. Haring