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All Cases of the Sort Are Decided by the Judges of the Supreme Court
By Dave Sikula
Tue, July 14, 2009, 12:01 am PDT

Judge Sonia Sotomayor
Judge Sonia Sotomayor
With Sonia Sotomayor's nomination to the U.S. Supreme Court being considered by the Congress this week, we have to wonder where she'll fall in the pantheon of Justices (assuming she's confirmed, of course …) Will she be remembered for serving admirably on America's highest court, or will she be a mere footnote in the history books?

Almost every President gets to make nominations to the high court (only three of forty-four haven't -- Zachary Taylor and Jimmy Carter never had the chance, nor did William Henry Harrison (though considering Harrison died after only a month in office, we can forgive him ...) -- some have made more nominations than others. George Washington holds the record with 13 (though, of course, he had to fill all the slots once the Court was created). Second is Franklin D. Roosevelt, who appointed nine justices (and might have named even more if his controversial plan to "pack the court" had succeeded).

William Howard Taft holds a unique position, in that not only did he appoint five justices while serving as President, but he was himself named Chief Justice by Warren Harding -- becoming the only man to hold both positions.

Of course, once on the court, some justices exhibit peccadilloes that could not have been predicted in the confirmation process: Justice John Harlan held weekly screenings of porno movies in the Court's basement, in order to better help his fellow justices determine just what pornography was (despite Justice Potter Stewart's declaration that "I know it when I see it"). Unfortunately for Harlan, as his eyesight began to fail, he had to rely on Justice William O. Douglas to narrate the movies and describe the on-screen action.

Justice Harry Blackmun authored many opinions (some more controversial than others), but apparently, his favorite topic of conversation came every March 8th, when he would mark the anniversary of his appendectomy.

Justice Clarence Thomas's nomination was one of the most contentious in history, but since his approval is one the most silent of the current justices, almost never asking any questions or making statements during arguments.

Justice Thurgood Marshall demanded that all sessions be adjourned by 1:00, so that he would be free to watch his soaps (though whether he was watching "All My Children" or "Days of Our Lives" is a point of contention).

In the last few decades, some candidates have sailed through the process with little controversy, while others haven't fared as well:

In 1968, Lyndon Johnson nominated Justice Abe Fortas to become Chief Justice (after using his considerable political skills to persuade Arthur Goldberg to step down from the bench to become his ambassador to the United Nations, but Fortas's nomination was filibustered and withdrawn.

In 1970, G. Harrold Carswell was dismissed as not being distinguished enough for the Court. In defense of Carswell, Senator Roman Hruska of Nebraska asked, "Even if he is mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they?"

The most controversial nominee in recent years was Judge Robert Bork, whose name has had the dubious distinction of becoming a verb. Following the judge's unsuccessful nomination in 1987, "to Bork" came to mean "to seek to obstruct a political appointment or selection."

Whether Judge Sotomayor becomes a justice or a figure of speech, only history -- and the Senate -- can say.

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Directory categories: Sonia Sotomayor, United States Supreme Court, Supreme Court Justices, Judicial Branch of the U.S. Government, Supreme Court Decisions and Cases
Archived under: 18th Century, 1930s, 1960s, 1970s, 19th Century, American History, Candidates, Franklin D. Roosevelt, Government, History, Law, Legal Cases, Politics, Presidents, Supreme Court, U.S. Senate, United States, Women
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Comments

Carter never had a nomination to the Court as well.

Posted by: shaneclary at July 14, 2009 9:41 PM

You are correct! I made the change. Thanks.

Posted by: dsikula at July 15, 2009 12:29 AM

Great article. I have been watching the news on Sonia Sotomayor's nomination to the Supreme Court with great interest.

We are at a difficult time in this country and I think that makes us all think twice about everything. It becomes more important.

Nancy J Locke

Posted by: blueberritea at July 15, 2009 10:00 PM

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