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66 Judicature 282 (1982-1983)
A Bench Happily Filled: Some Historical Reflections on the Supreme Court Appointment Process

handle is hein.journals/judica66 and id is 284 raw text is: A bench happily filled: Some historical reflections on th4 Politics and balancing representation may play a major role in the selection of Supreme Court justices, but the quality of those appointed has been consistently high. total of only 102 individuals have John Quincy Adams' nomination of some- date on the Supreme Court of the time United States Senator from Kentucky, ates, evincing an average longevity John J. Crittenden, in 1828. only by symphony orchestra con- * The nominee's involvement with a vis- cannot speak to the latter, but what ible or contentious issue of public policy- mer's quantifiable characteristics?' e.g., President George Washington's nomina- nen and the one woman were nomi- tion of South Carolina's then Chief Justice, 35 presidents, with three-W. H. John Rutledge, as Chief Justice of the United Taylor, and Carter-having no States in 1795, because of the outspoken ity to choose anyone at all, and one, nominee's vigorous opposition to the Jay ohnson, seeing his efforts frustrated Treaty of 1794. le Senate. Not counting a mere re- * Senatorial opposition to the record of the :t on nominations-of which there incumbent Court which the nominee seemed ral-that constitutional partner in to support-e.g., President Ulysses S. Grant's ntment process has so far formally selection of his own Attorney General, Ebe- 6 presidential nominations to the nezer R. Hoar, in 1870. 1 but four of these (namely, lower * Senatorial courtesy, closely linked to the urt judges Parker, Haynsworth, and presumed consultative nominating process- and the aborted promotion of Jus- e.g., President Grover Cleveland's choices of s to Chief lustice) comine in the William B. Hornblower and Wheeler S. Peck- nineteenth century. The total rejection figure comprises a re- markable but contemporary unthinkable 23 per cent! Why were so many rejected by the Senate? Among the reasons, seven seem to be most compelling: * Opposition to the nominating President, not necessarily the nominee-e.g., President This article was adapted from the Annual Lecture presented to The Supreme Court Historical Society on April30, 1982 in the restored Supreme Court Chamber in the U.S. Capitol. I. The following statistical information is taken from Abraham, JUSTICES AND PRESIDENTS: A POLITICAL HISTORY OF APPOINTMENTS TO THE SUPREME COURT, esp. Chs. 2 and 3 (New York: Oxford University Press, 1974 and Penguin Press, 1975). 282 Judicature Volume 66, Number 7 February, 1983 A served to United St exceeded ductors. I of the for The 101 n nated by Harrison, opportun Andrew J by a hosti fusal to a were seve the appoi rejected 2 Court, al federal co Carswell, tice Forta

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