Bill Clinton Supreme Court candidates
Encyclopedia
President
Bill Clinton
made two appointments to the Supreme Court of the United States
, both during his first term.
On March 19, 1993, Associate Justice
Byron White
announced his retirement (and assumption of senior status
), effective at the end of the Supreme Court's 1992-1993 term. President Clinton announced Ruth Bader Ginsburg
as White's replacement on June 15, 1993, and she was confirmed by the United States Senate
on August 3, 1993.
On April 6, 1994, Associate Justice Harry Blackmun
announced his retirement (and assumption of senior status
), which ultimately took effect August 3, 1994. President Clinton announced Stephen Breyer
as Blackmun's replacement on May 13, 1994, with the United States Senate
confirming Breyer on July 29, 1994.
was considered the least powerful branch of the government, and nominations to that body, although important, were not the source of great political controversy as they are today. Furthermore, Clinton's Supreme Court nominations were the first by a Democratic president since President Lyndon Johnson's controversial and failed nomination of Abe Fortas
to be Chief Justice of the United States
Supreme Court in 1968.
insisted that he had no litmus test for his justice, but at the same time, that he only wanted justices who would be pro-choice when it came to abortion. "I will appoint judges to the Supreme Court who believe in the constitutional right to privacy, including the right to choose", Clinton said in an interview on April 5, 1992. In an interview on June 18, 1992, Clinton said, "I don't believe in the litmus test for Supreme Court judges, but I do think that the Court has been so politicized by the recent appointments under the last two presidents that we ought to appoint someone who can provide some balance; someone who everybody will say, 'There is someone who can be a great judge and someone who believes in the Constitution, the Bill of Rights and protecting the rights of ordinary citizens to be let alone from undue intrusion by their government.'" In addition, Clinton said he felt it was unhealthy that the court was dominated by former judges, most of whom, he felt, lacked adequate real-world experience. Clinton also made clear he was interested in shifting the dynamics of the court. "Look, the court is totally fragmented and it's dominated by Republican appointees", he said. "It's not enough for someone to vote the right way. We've got to get someone who will move people, who will persuade the others to join them. It's what Warren (former Chief Justice Earl Warren
) did. I want someone like that."
After Byron White
announced his retirement on March 19, 1993, Clinton began a weeks-long journey through consideration of an unusually large number of candidates. The name that came up that interested Clinton the most was that of New York Gov. Mario Cuomo
. Clinton offered White's seat first to Cuomo, who initially had told confidants that he was willing to take the seat, but then changed his mind and faxed Clinton a letter telling him that his duty to residents of his state was more important than his desire to serve on the court.
Liberal lawyers wanted Harvard Law professor and constitutional scholar Laurence Tribe
, but Clinton and his aides next considered several candidates as "outside-the-box" choices. Clinton played with the idea of nominating a brilliant political philosopher instead of a practicing attorney. Professors Stephen L. Carter
of Yale and Michael Sandel
of Harvard would have fit the bill, but Clinton then hit upon what he considered to be a "sexy" idea: the nomination of his wife, Hillary Rodham Clinton
. However, there was a huge problem associated with such a selection. George Stephanopoulos
, a Clinton aide at the time, has written that the idea was dropped because the president's, "choice had to be ratified by the Senate, where Republicans hadn't forgotten the rejection of Robert Bork
, and Democrats were reeling from their recent encounters with Zoe Baird
, Kimba Wood
, and Lani Guinier
. Sexy was good, but safe was better. We simply couldn't afford another failed nomination." Stephanopoulos quotes Clinton himself saying, "We don't need another gang-that-couldn't-shoot-straight story."
Clinton then turned to other politicians—first, U.S. Sen. George J. Mitchell
of Maine, who declined on the spot, desiring to stay in the Senate and help to pass Clinton's legislation. After Mitchell, Clinton approached his Secretary of Education, Richard Riley
, a former South Carolina
governor who also said no. "I was a mediocre country lawyer
", Riley told Clinton. "This isn't my thing." Clinton next considered his Secretary of the Interior, Bruce Babbitt
, a former Arizona governor. Clinton prepared to nominate Babbitt when two problems surfaced—a false published report about gambling debts in Las Vegas
and opposition to Babbitt's nomination voiced by Sen. Orrin Hatch
, who was the ranking Republican on the United States Senate Judiciary Committee. Hatch had told Clinton that Babbitt's strong pro-environmental views had enraged a group of Republican senators in the western United States who might take revenge either on Babbitt's nomination or on the candidate Clinton nominated to replace him in the Department of the Interior. Clinton chose not to proceed with Babbitt's nomination.
Clinton then turned to existing judges. He considered Eighth Circuit judge Richard S. Arnold
, who was not a close friend of Clinton's but who was from Clinton's home state of Arkansas. The president very much wanted to nominate Arnold but feared the nomination might be viewed as cronyism. He then weighed Sixth Circuit judge Gilbert S. Merritt, who was a family friend of Vice President Al Gore
. However, a problem surfaced relating to Merritt's tenure as a U.S. attorney in the 1960s, and Clinton decided not to proceed with Merritt. Clinton then asked his staff about Janie Shores
, who had been the first woman to serve on the Alabama Supreme Court
but who was not well known in Washington, D.C. legal circles. In addition, Shores' constitutional views were completely unknown to Clinton or anyone else on his team. "You are not nominating Janie Shores to the Supreme Court", White House counsel Bernard W. Nussbaum
told Clinton. "No one knows who she is. This is insane."
The next name Clinton considered was that of First Circuit judge Stephen Breyer
. Clinton's staff had liked Breyer, but given an injury that he had sustained just a few days earlier, Breyer was in a significant amount of pain. During his interview with Clinton, Breyer was short of breath and in pain. Clinton ultimately decided that Breyer seemed "heartless." "I don't see enough humanity", Clinton told his staff. "I want a judge with soul."
Clinton then considered a list of "firsts" for diversity purposes: David Tatel, a Washington lawyer who had served in the Carter Administration who would be the first blind justice; Jose Cabranes, a district court judge who would be the first Hispanic justice, and D.C. Circuit judge Ruth Bader Ginsburg
, who, Stephanopoulos writes, "would be the first Jewish justice since Abe Fortas, and the first woman to be appointed by a Democrat. More important, she was a pioneer in the legal fight for women's rights—a female Thurgood Marshall." In addition, Ginsburg was noted as moderate-to-conservative on criminal matters and had a different rationale for supporting Roe v. Wade
than most liberals: she considered laws banning abortion a form of sex discrimination rather than a violation of privacy. Hatch told Clinton that he would support Ginsburg as well.
At that point, however, Cuomo's son, Andrew Cuomo
, contacted Clinton's staff to inquire if the president had made a final decision yet. Mario Cuomo, his son said, believed that Clinton was about to name Breyer to the court and as a result thought that Clinton would not name two white males in a row. As such, the governor believed that his own chances were now or never. Clinton still was interested in nominating Cuomo, telling his staff that the governor "will sing the song of America. It'll be like watching Pavarotti at Christmastime." Clinton then interviewed Ginsburg, and then took a phone call from Cuomo, who backed out of consideration for a second time. The next day, on June 15, 1993, Clinton announced that he had chosen Ginsburg. The Senate confirmed Ginsburg in a 96-3 vote on August 3, 1993. Senators Jesse Helms
(R-NC), Don Nickles
(R-OK) and Bob Smith
(R-NH) voted against the nomination. Donald Riegle
(D-MI) did not vote.
announced his retirement on April 6, 1994, Clinton again asked Mitchell, who had announced that he would not stand for reelection in November 1994, to be his nominee. Mitchell told Clinton that he did not want to be a Supreme Court justice. Clinton also asked Babbitt, who asked not to be considered.
At that point, Clinton again considered Arnold, who had been recommended by over 100 federal judges in a joint letter written after Blackmun had retired. Clinton's willingness to proceed with Arnold, however, was complicated by the fact that Arnold had been diagnosed with low-grade non-Hodgkin's lymphoma in 1976 and who since had suffered from tumors that had spread to other parts of his body. Although Arnold was functioning normally, his doctor told the president that Arnold had cancer all through his body and that there was no way he could say that Arnold's disease "would not interfere" with Supreme Court duties.
Finally, Clinton announced on May 13, 1994 that he would nominate Breyer to the Supreme Court. The Senate confirmed Breyer in an 87-9 vote on July 29, 1994. Senators Conrad Burns
(R-MT), Dan Coats
(R-IN), Paul Coverdell
(R-GA), Jesse Helms
(R-NC), Trent Lott
(R-MS), Richard Lugar (R-IN), Frank Murkowski
(R-AK), Don Nickles
(R-OK), and Bob Smith
(R-NH) voted against the nomination. Senators David Durenberger
(R-MN), Bob Graham
(D-FL), Claiborne Pell
(D-RI) and Malcolm Wallop
(R-WY) did not vote.
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
made two appointments to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, both during his first term.
On March 19, 1993, Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
Byron White
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
announced his retirement (and assumption of senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
), effective at the end of the Supreme Court's 1992-1993 term. President Clinton announced Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
as White's replacement on June 15, 1993, and she was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on August 3, 1993.
On April 6, 1994, Associate Justice Harry Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
announced his retirement (and assumption of senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
), which ultimately took effect August 3, 1994. President Clinton announced Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
as Blackmun's replacement on May 13, 1994, with the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
confirming Breyer on July 29, 1994.
Overview
Throughout much of the history of the United States, the Supreme Court of the United StatesSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
was considered the least powerful branch of the government, and nominations to that body, although important, were not the source of great political controversy as they are today. Furthermore, Clinton's Supreme Court nominations were the first by a Democratic president since President Lyndon Johnson's controversial and failed nomination of Abe Fortas
Abe Fortas
Abraham Fortas was a U.S. Supreme Court associate justice from 1965 to 1969. Originally from Tennessee, Fortas became a law professor at Yale, and subsequently advised the Securities and Exchange Commission. He then worked at the Interior Department under Franklin D...
to be Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
Supreme Court in 1968.
Politics
When asked about the kind of justices he would appoint to the Supreme Court, President Bill ClintonBill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
insisted that he had no litmus test for his justice, but at the same time, that he only wanted justices who would be pro-choice when it came to abortion. "I will appoint judges to the Supreme Court who believe in the constitutional right to privacy, including the right to choose", Clinton said in an interview on April 5, 1992. In an interview on June 18, 1992, Clinton said, "I don't believe in the litmus test for Supreme Court judges, but I do think that the Court has been so politicized by the recent appointments under the last two presidents that we ought to appoint someone who can provide some balance; someone who everybody will say, 'There is someone who can be a great judge and someone who believes in the Constitution, the Bill of Rights and protecting the rights of ordinary citizens to be let alone from undue intrusion by their government.'" In addition, Clinton said he felt it was unhealthy that the court was dominated by former judges, most of whom, he felt, lacked adequate real-world experience. Clinton also made clear he was interested in shifting the dynamics of the court. "Look, the court is totally fragmented and it's dominated by Republican appointees", he said. "It's not enough for someone to vote the right way. We've got to get someone who will move people, who will persuade the others to join them. It's what Warren (former Chief Justice Earl Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
) did. I want someone like that."
Ruth Bader Ginsburg nomination
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
announced his retirement on March 19, 1993, Clinton began a weeks-long journey through consideration of an unusually large number of candidates. The name that came up that interested Clinton the most was that of New York Gov. Mario Cuomo
Mario Cuomo
Mario Matthew Cuomo served as the 52nd Governor of New York from 1983 to 1994, and is the father of Andrew Cuomo, the current governor of New York.-Early life:...
. Clinton offered White's seat first to Cuomo, who initially had told confidants that he was willing to take the seat, but then changed his mind and faxed Clinton a letter telling him that his duty to residents of his state was more important than his desire to serve on the court.
Liberal lawyers wanted Harvard Law professor and constitutional scholar Laurence Tribe
Laurence Tribe
Laurence Henry Tribe is a professor of constitutional law at Harvard Law School and the Carl M. Loeb University Professor at Harvard University. He also works with the firm Massey & Gail LLP on a variety of matters....
, but Clinton and his aides next considered several candidates as "outside-the-box" choices. Clinton played with the idea of nominating a brilliant political philosopher instead of a practicing attorney. Professors Stephen L. Carter
Stephen L. Carter
Stephen L. Carter is an American law professor, legal- and social-policy writer, columnist, and best-selling novelist.-Education:...
of Yale and Michael Sandel
Michael Sandel
Michael J. Sandel is an American political philosopher and a professor at Harvard University. He is best known for the Harvard course 'Justice' which is available to , and for his critique of Rawls' A Theory of Justice in his Liberalism and the Limits of Justice...
of Harvard would have fit the bill, but Clinton then hit upon what he considered to be a "sexy" idea: the nomination of his wife, Hillary Rodham Clinton
Hillary Rodham Clinton
Hillary Diane Rodham Clinton is the 67th United States Secretary of State, serving in the administration of President Barack Obama. She was a United States Senator for New York from 2001 to 2009. As the wife of the 42nd President of the United States, Bill Clinton, she was the First Lady of the...
. However, there was a huge problem associated with such a selection. George Stephanopoulos
George Stephanopoulos
George Robert Stephanopoulos is an American television journalist and a former political advisor.Stephanopoulos is most well known as the chief political correspondent for ABC News – the news division of the broadcast television network ABC – and a co-anchor of ABC News's morning news...
, a Clinton aide at the time, has written that the idea was dropped because the president's, "choice had to be ratified by the Senate, where Republicans hadn't forgotten the rejection of Robert Bork
Robert Bork
Robert Heron Bork is an American legal scholar who has advocated the judicial philosophy of originalism. Bork formerly served as Solicitor General, Acting Attorney General, and judge for the United States Court of Appeals for the District of Columbia Circuit...
, and Democrats were reeling from their recent encounters with Zoe Baird
Zoë Baird
Zoë Eliot Baird is an American lawyer who is president of the Markle Foundation. She is most known for her role in the Nannygate matter of 1993.-Biography:...
, Kimba Wood
Kimba Wood
Kimba Maureen Wood is a United States federal judge for the United States District Court for the Southern District of New York.-Early life and education:...
, and Lani Guinier
Lani Guinier
Lani Guinier is an American lawyer, scholar and civil rights activist. The first African-American woman tenured professor at Harvard Law School, Guinier's work includes professional responsibilities of public lawyers, the relationship between democracy and the law, the role of race and gender in...
. Sexy was good, but safe was better. We simply couldn't afford another failed nomination." Stephanopoulos quotes Clinton himself saying, "We don't need another gang-that-couldn't-shoot-straight story."
Clinton then turned to other politicians—first, U.S. Sen. George J. Mitchell
George J. Mitchell
George John Mitchell, Jr., is the former U.S. Special Envoy for Middle East Peace under the Obama administration. A Democrat, Mitchell was a United States Senator who served as the Senate Majority Leader from 1989 to 1995...
of Maine, who declined on the spot, desiring to stay in the Senate and help to pass Clinton's legislation. After Mitchell, Clinton approached his Secretary of Education, Richard Riley
Richard Riley
Richard Wilson Riley , American politician, was United States Secretary of Education under President Bill Clinton and the 111th Governor of South Carolina. He is a member of the Democratic Party....
, a former South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
governor who also said no. "I was a mediocre country lawyer
Country Lawyer
In the United States, a country lawyer, or county-seat lawyer, is an attorney who has completed little or no formal legal training and has become a member of a county bar or a state bar after "reading law"; traditionally, these lawyers practiced general law in a rural setting, or on the frontier...
", Riley told Clinton. "This isn't my thing." Clinton next considered his Secretary of the Interior, Bruce Babbitt
Bruce Babbitt
Bruce Edward Babbitt , a Democrat, served as United States Secretary of the Interior and as the 16th governor of Arizona, from 1978 to 1987.-Biography:...
, a former Arizona governor. Clinton prepared to nominate Babbitt when two problems surfaced—a false published report about gambling debts in Las Vegas
Las Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...
and opposition to Babbitt's nomination voiced by Sen. Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
, who was the ranking Republican on the United States Senate Judiciary Committee. Hatch had told Clinton that Babbitt's strong pro-environmental views had enraged a group of Republican senators in the western United States who might take revenge either on Babbitt's nomination or on the candidate Clinton nominated to replace him in the Department of the Interior. Clinton chose not to proceed with Babbitt's nomination.
Clinton then turned to existing judges. He considered Eighth Circuit judge Richard S. Arnold
Richard S. Arnold
Richard Sheppard Arnold was a judge of the U.S. District Court and then the U.S. Court of Appeals for the Eighth Circuit. Two presidents, Richard M. Nixon and Bill Clinton, considered naming Arnold to the United States Supreme Court...
, who was not a close friend of Clinton's but who was from Clinton's home state of Arkansas. The president very much wanted to nominate Arnold but feared the nomination might be viewed as cronyism. He then weighed Sixth Circuit judge Gilbert S. Merritt, who was a family friend of Vice President Al Gore
Al Gore
Albert Arnold "Al" Gore, Jr. served as the 45th Vice President of the United States , under President Bill Clinton. He was the Democratic Party's nominee for President in the 2000 U.S. presidential election....
. However, a problem surfaced relating to Merritt's tenure as a U.S. attorney in the 1960s, and Clinton decided not to proceed with Merritt. Clinton then asked his staff about Janie Shores
Janie Shores
Janie Ledlow Shores is a retired judge on the Supreme Court of Alabama who was the first woman to ever serve on that court. Shores also was considered by President Bill Clinton in 1993 as a possible nominee to the U.S...
, who had been the first woman to serve on the Alabama Supreme Court
Alabama Supreme Court
The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of an elected Chief Justice and eight elected Associate Justices. Each justice is elected in partisan elections for staggered six year terms. The Governor of Alabama may fill vacancies when they occur...
but who was not well known in Washington, D.C. legal circles. In addition, Shores' constitutional views were completely unknown to Clinton or anyone else on his team. "You are not nominating Janie Shores to the Supreme Court", White House counsel Bernard W. Nussbaum
Bernard W. Nussbaum
Bernard W. Nussbaum is an American attorney, best known for having served as White House Counsel under President Bill Clinton.-Background and career:...
told Clinton. "No one knows who she is. This is insane."
The next name Clinton considered was that of First Circuit judge Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
. Clinton's staff had liked Breyer, but given an injury that he had sustained just a few days earlier, Breyer was in a significant amount of pain. During his interview with Clinton, Breyer was short of breath and in pain. Clinton ultimately decided that Breyer seemed "heartless." "I don't see enough humanity", Clinton told his staff. "I want a judge with soul."
Clinton then considered a list of "firsts" for diversity purposes: David Tatel, a Washington lawyer who had served in the Carter Administration who would be the first blind justice; Jose Cabranes, a district court judge who would be the first Hispanic justice, and D.C. Circuit judge Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
, who, Stephanopoulos writes, "would be the first Jewish justice since Abe Fortas, and the first woman to be appointed by a Democrat. More important, she was a pioneer in the legal fight for women's rights—a female Thurgood Marshall." In addition, Ginsburg was noted as moderate-to-conservative on criminal matters and had a different rationale for supporting Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
than most liberals: she considered laws banning abortion a form of sex discrimination rather than a violation of privacy. Hatch told Clinton that he would support Ginsburg as well.
At that point, however, Cuomo's son, Andrew Cuomo
Andrew Cuomo
Andrew Mark Cuomo is the 56th and current Governor of New York, having assumed office on January 1, 2011. A member of the Democratic Party, he was the 64th New York State Attorney General, and was the 11th United States Secretary of Housing and Urban Development...
, contacted Clinton's staff to inquire if the president had made a final decision yet. Mario Cuomo, his son said, believed that Clinton was about to name Breyer to the court and as a result thought that Clinton would not name two white males in a row. As such, the governor believed that his own chances were now or never. Clinton still was interested in nominating Cuomo, telling his staff that the governor "will sing the song of America. It'll be like watching Pavarotti at Christmastime." Clinton then interviewed Ginsburg, and then took a phone call from Cuomo, who backed out of consideration for a second time. The next day, on June 15, 1993, Clinton announced that he had chosen Ginsburg. The Senate confirmed Ginsburg in a 96-3 vote on August 3, 1993. Senators Jesse Helms
Jesse Helms
Jesse Alexander Helms, Jr. was a five-term Republican United States Senator from North Carolina who served as chairman of the Senate Foreign Relations Committee from 1995 to 2001...
(R-NC), Don Nickles
Don Nickles
Donald Lee Nickles is an American businessman and politician who was a Republican United States Senator from Oklahoma from 1981 until 2005. He was a fiscal and social conservative.-Early life:...
(R-OK) and Bob Smith
Robert C. Smith
Robert C. "Bob" Smith is an American politician who has served in both the United States House of Representatives and the Senate. He is a member of the Republican Party.-Early life:Smith was born in Trenton, New Jersey...
(R-NH) voted against the nomination. Donald Riegle
Donald W. Riegle, Jr.
Donald Wayne Riegle Jr. is an American politician from Michigan, who served for five terms as a Representative and for three terms as a Senator.-Early life:...
(D-MI) did not vote.
Stephen Breyer nomination
After Harry BlackmunHarry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
announced his retirement on April 6, 1994, Clinton again asked Mitchell, who had announced that he would not stand for reelection in November 1994, to be his nominee. Mitchell told Clinton that he did not want to be a Supreme Court justice. Clinton also asked Babbitt, who asked not to be considered.
At that point, Clinton again considered Arnold, who had been recommended by over 100 federal judges in a joint letter written after Blackmun had retired. Clinton's willingness to proceed with Arnold, however, was complicated by the fact that Arnold had been diagnosed with low-grade non-Hodgkin's lymphoma in 1976 and who since had suffered from tumors that had spread to other parts of his body. Although Arnold was functioning normally, his doctor told the president that Arnold had cancer all through his body and that there was no way he could say that Arnold's disease "would not interfere" with Supreme Court duties.
Finally, Clinton announced on May 13, 1994 that he would nominate Breyer to the Supreme Court. The Senate confirmed Breyer in an 87-9 vote on July 29, 1994. Senators Conrad Burns
Conrad Burns
Conrad Ray Burns is a former United States Senator from Montana. He is only the second Republican to represent Montana in the Senate since the passage in 1913 of the Seventeenth Amendment to the United States Constitution and is the longest-serving Republican senator in Montana history.While in...
(R-MT), Dan Coats
Dan Coats
Daniel Ray "Dan" Coats is the junior United States Senator from Indiana and member of the Republican Party. He was in the United States Senate from from 1989 to 1999, retired, and then returned in 2011....
(R-IN), Paul Coverdell
Paul Coverdell
Paul Douglas Coverdell was a United States Senator from Georgia, elected for the first time in 1992 and re-elected in 1998, and director of the Peace Corps from 1989 until 1991...
(R-GA), Jesse Helms
Jesse Helms
Jesse Alexander Helms, Jr. was a five-term Republican United States Senator from North Carolina who served as chairman of the Senate Foreign Relations Committee from 1995 to 2001...
(R-NC), Trent Lott
Trent Lott
Chester Trent Lott, Sr. , is a former United States Senator from Mississippi and has served in numerous leadership positions in the House of Representatives and the Senate....
(R-MS), Richard Lugar (R-IN), Frank Murkowski
Frank Murkowski
Francis Hughes Murkowski is an American politician and a member of the Republican Party. He was a United States Senator from Alaska from 1981 until 2002 and the eighth Governor of Alaska from 2002 until 2006.- Early life and career :...
(R-AK), Don Nickles
Don Nickles
Donald Lee Nickles is an American businessman and politician who was a Republican United States Senator from Oklahoma from 1981 until 2005. He was a fiscal and social conservative.-Early life:...
(R-OK), and Bob Smith
Robert C. Smith
Robert C. "Bob" Smith is an American politician who has served in both the United States House of Representatives and the Senate. He is a member of the Republican Party.-Early life:Smith was born in Trenton, New Jersey...
(R-NH) voted against the nomination. Senators David Durenberger
David Durenberger
David Ferdinand Durenberger is an American politician and a former Republican member of the U.S. Senate from Minnesota.- Early life :...
(R-MN), Bob Graham
Bob Graham
Daniel Robert "Bob" Graham is an American politician. He was the 38th Governor of Florida from 1979 to 1987 and a United States Senator from that state from 1987 to 2005...
(D-FL), Claiborne Pell
Claiborne Pell
Claiborne de Borda Pell was a United States Senator from Rhode Island, serving six terms from 1961 to 1997, and was best known as the sponsor of the Pell Grant, which provides financial aid funding to U.S. college students. A Democrat, he was that state's longest serving senator.-Early years:Pell...
(D-RI) and Malcolm Wallop
Malcolm Wallop
Malcolm Wallop was a Republican politician and former three-term United States Senator from Wyoming.-Early years:...
(R-WY) did not vote.
Names frequently mentioned
Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Clinton or being the most likely potential nominees for a Supreme Court appointment under Clinton:United States Courts of Appeals
- Court of Appeals for the 1st CircuitUnited States Court of Appeals for the First CircuitThe United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
- Stephen BreyerStephen BreyerStephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
(born 1938) - (Nominated and Confirmed)
- Stephen Breyer
- Court of Appeals for the 2nd CircuitUnited States Court of Appeals for the Second CircuitThe United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
- Amalya Kearse (born 1937)
- Sonia SotomayorSonia SotomayorSonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
(born 1954)
- Court of Appeals for the 6th CircuitUnited States Court of Appeals for the Sixth CircuitThe United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
- Gilbert S. Merritt, Jr.Gilbert S. Merritt, Jr.Gilbert Stroud Merritt, Jr. is an American lawyer and jurist. He currently is a senior judge on the United States Court of Appeals for the Sixth Circuit.- Early life and education :...
(born 1936)
- Gilbert S. Merritt, Jr.
- Court of Appeals for the 8th CircuitUnited States Court of Appeals for the Eighth CircuitThe United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
- Richard S. ArnoldRichard S. ArnoldRichard Sheppard Arnold was a judge of the U.S. District Court and then the U.S. Court of Appeals for the Eighth Circuit. Two presidents, Richard M. Nixon and Bill Clinton, considered naming Arnold to the United States Supreme Court...
(born 1936, died 2004)
- Richard S. Arnold
- Court of Appeals for the D.C. CircuitUnited States Court of Appeals for the District of Columbia CircuitThe 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. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
- Ruth Bader GinsburgRuth Bader GinsburgRuth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
(born 1933) - (Nominated and Confirmed) - Patricia WaldPatricia WaldPatricia McGowan Wald is an American judge. Wald served as the chief judge for the United States Court of Appeals for the District of Columbia Circuit and served as a judge on the International Criminal Tribunal for the Former Yugoslavia.Wald graduated from Connecticut College in 1948 and earned...
(born 1928)
- Ruth Bader Ginsburg
State Supreme Courts
- Janie ShoresJanie ShoresJanie Ledlow Shores is a retired judge on the Supreme Court of Alabama who was the first woman to ever serve on that court. Shores also was considered by President Bill Clinton in 1993 as a possible nominee to the U.S...
(born 1932) - Associate Justice, Alabama Supreme CourtAlabama Supreme CourtThe Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of an elected Chief Justice and eight elected Associate Justices. Each justice is elected in partisan elections for staggered six year terms. The Governor of Alabama may fill vacancies when they occur...
United States District Courts
- José A. CabranesJosé A. CabranesJosé Alberto Cabranes , is a judge on the United States Court of Appeals for the Second Circuit. Formerly a practicing lawyer, government official, and law teacher, he was the first Puerto Rican appointed to a federal judgeship in the continental United States .-Background:Cabranes was born in...
(born 1940) - Judge, U.S. District Court for the District of Connecticut; subsequently a judge on the United States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Second CircuitThe United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
United States Senators
- George J. MitchellGeorge J. MitchellGeorge John Mitchell, Jr., is the former U.S. Special Envoy for Middle East Peace under the Obama administration. A Democrat, Mitchell was a United States Senator who served as the Senate Majority Leader from 1989 to 1995...
(born 1933) - Senator from Maine - Joe LiebermanJoe LiebermanJoseph Isadore "Joe" Lieberman is the senior United States Senator from Connecticut. A former member of the Democratic Party, he was the party's nominee for Vice President in the 2000 election. Currently an independent, he remains closely affiliated with the party.Born in Stamford, Connecticut,...
(born 1942) - Senator from Connecticut
Executive Branch officials
- Richard RileyRichard RileyRichard Wilson Riley , American politician, was United States Secretary of Education under President Bill Clinton and the 111th Governor of South Carolina. He is a member of the Democratic Party....
(born 1933) - United States Secretary of EducationUnited States Secretary of EducationThe United States Secretary of Education is the head of the Department of Education. The Secretary is a member of the President's Cabinet, and 16th in line of United States presidential line of succession...
; former Governor of South CarolinaGovernor of South CarolinaThe Governor of the State of South Carolina is the head of state for the State of South Carolina. Under the South Carolina Constitution, the Governor is also the head of government, serving as the chief executive of the South Carolina executive branch. The Governor is the ex officio... - Bruce BabbittBruce BabbittBruce Edward Babbitt , a Democrat, served as United States Secretary of the Interior and as the 16th governor of Arizona, from 1978 to 1987.-Biography:...
(born 1938) - United States Secretary of the InteriorUnited States Secretary of the InteriorThe United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...
; former Governor of Arizona
Other backgrounds
- Guido Calabresi (born 1932) - Dean of Yale Law SchoolYale Law SchoolYale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
; subsequently a judge on the United States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Second CircuitThe United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals... - Stephen L. CarterStephen L. CarterStephen L. Carter is an American law professor, legal- and social-policy writer, columnist, and best-selling novelist.-Education:...
(born 1954) - Professor, Yale Law SchoolYale Law SchoolYale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers... - Hillary Clinton (born 1947) - First LadyFirst Lady of the United StatesFirst Lady of the United States is the title of the hostess of the White House. Because this position is traditionally filled by the wife of the president of the United States, the title is most often applied to the wife of a sitting president. The current first lady is Michelle Obama.-Current:The...
; Senator from New York and 67th U.S Secretary of State - Michael SandelMichael SandelMichael J. Sandel is an American political philosopher and a professor at Harvard University. He is best known for the Harvard course 'Justice' which is available to , and for his critique of Rawls' A Theory of Justice in his Liberalism and the Limits of Justice...
(born 1953) - Professor, Harvard UniversityHarvard UniversityHarvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country... - David S. TatelDavid S. TatelDavid S. Tatel is an American jurist who has been a judge on the United States Court of Appeals for the District of Columbia Circuit since 1994.-Career:...
(born 1942) - Private attorney; subsequently a judge on the United States Court of Appeals for the District of Columbia CircuitUnited States Court of Appeals for the District of Columbia CircuitThe 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. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a... - Laurence TribeLaurence TribeLaurence Henry Tribe is a professor of constitutional law at Harvard Law School and the Carl M. Loeb University Professor at Harvard University. He also works with the firm Massey & Gail LLP on a variety of matters....
(born 1941) - Professor, Harvard Law SchoolHarvard Law SchoolHarvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...