Bush II's First... Err, I mean First Two... Make That First Three Supreme Court Nominations!

Copyright © Timothy Horrigan 2006

Two full Presidential terms (and large portions of two others) went by without a change in the Supreme Court: the same group of Justices stayed in place for 11 years. Finally in July2005, Bush II got the chance to leave his mark on the court, when Sandra Day O'Connor announced her retirement. It took three nominations to fill her seat. But in the end Bush II got his man (and he is a man, notwithstanding the fact that O'Connor was the first female Supreme Court Justice). Samuel Alito is a unreconstructed neoconservative who believes that a judge's only duty is to interpret the law without applying his own standards of justice (except possibly when it comes to abortion)— but who also believes that the law allows the President to do just about anything he wants.

The three 2005 nominees were:

1. John G. Roberts (who became Chief Justice Roberts, following the unexpected death of William H. Rehnquist.)

2. Harriet E. Miers (briefly nominated during the fall of 2005 before returning to her old gig as an aide to Bush II.)

3. Samuel A. Alito.

The nominees were a mixed bag. Roberts was the most traditional nominee: after serving as a political appointee in the Reagan Administration, he spent many years in private practice with a large DC law firm, before becoming a federal appeals court judge. (Like Alito, he is a Reagan conservative, but with a libertarian streak which Alito lacked.) He was touted for his mix of political, legal and judicial experience. Before working for Bush II, Miers was a Dallas lawyer, who dabbled in politics on a nonpartisan basis as a Dallas City Councilperson (representing a fairly liberal constituency) and as the President of the Texas Bar Association. She was touted for her lack of judicial experience which would bring a fresh perspective to the bench. Alito was a Reagan Administration aide, like Roberts— but unlike Roberts he had never worked in the private sector. He had been a appeals court judge since Bush I Administration. He was touted for his “judicial temperament.”

Alito Nomination, November 2005 – January 2006:

Final Vote:

• 58-42, Alito.

Much-discussed documents:

• November 30, 2005 response to Senate Judiciary Committee questionnaire.

• November-December 1985 job application (as released by the Reagan Presidential Library.)

• Doe v. Groody decision

Transcripts of Alito Hearings:

1. Day One: Monday, January 9, 2006. (Senators' & Judge Alito's opening statements)

2. Day Two: Tuesday, January 10, 2006. (1^st day of questioning.)

3. Day Three: Wednesday, January 11, 2006. (2^nd day of questioning.)

4. Day Four: Thursday, January 12, 2006. (3^rd day of questioning, and some outside witnesses.)

5. Day Five: Friday, January 13, 2006. (More outside witnesses: last day of hearings before vote.)

6. Day Six: Tuesday, January 24, 2006. (The 10-8 party line vote.)

Video of Alito Hearings:

1. Day One: Monday, January 9, 2006, Part One. (Senators' opening statements)

2. Day One: Monday, January 9, 2006, Part Two. (Alito's introductory remarks)

3. Day Two: Tuesday, January 10, 2006. (First Round of questioning)

4. Day Two: Tuesday, January 10, 2006. (First Round of questioning, continued)

5. Day Three: Wednesday, January 11, 2006. (Second Round of questioning)

6. Day Three: Wednesday, January 11, 2006. (Second Round of questioning, continued)

7. Day Four: Thursday, January 12, 2006. (Last Round of questioning.)

8. Day Four: Thursday, January 12, 2006. (Outside witnesses.)

9. Day Five: Friday, January 13, 2006. (More outside witnesses.)

10. Day Six: Tuesday, January 24, 2006. (The 10-8 party line vote.)

Miers Nomination: October-November 2005

• Senate Judiciary Committee Questionnaire (October 18, 2005)

• Sen. Leahy's & Specter's Response (none too pleased)

• Sen. Specter's & Leahy's October 19 Press Conference

• White House Transcript of Miers's Nomination Announcement

• Video of Miers's Nomination Announcement

Roberts Nomination: July-September 2005

(Roberts was initially nominated to fill Sandra Day O'Connor's Associate Justice seat. When Chief Justice Rehnquist died, his Associate Justice nomination was withdrawn and then he was nominated for Rehnquist's seat instead.)

Final Vote:

• 72-28, Roberts

Much discussed documents:

• Catalog of various released documents, mostly from the Reagan Presidential Library.

Transcripts of Roberts hearings:

1. Day 1: Monday, September 12, 2005 (Opening statements.)

2. Day 2: Tuesday, September 13, 2005

3. Day 3: Wednesday, September 14, 2005

4. Day 4: Wednesday, September 15, 2005

5. Day 5: Wednesday, September 22, 2005

Video of Roberts hearings:

1. Day 1: Monday, September 12, 2005 (Opening statements.)

2. Day 2: Tuesday, September 13, 2005; Morning Session

3. Day 2: Tuesday, September 13, 2005; Afternoon Session

4. Day 2: Tuesday, September 13, 2005; Evening Session

5. Day 3: Wednesday, September 14, 2005; Morning Session

6. Day 3: Wednesday, September 14, 2005; Afternoon Session

7. Day 4: Thursday, September 15, 2005; Morning Session #1

8. Day 4: Thursday, September 15, 2005; Morning Session #2 (Outside witnesses)

9. Day 4: Thursday, September 15, 2005; Afternoon (Outside witnesses)

10. Day 5: Wednesday, September 22, 2005 (Committee vote)

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Thanks to CSPAN!

Old Transcripts of past confirmation hearings:

• John G. Roberts, 2005 (unofficial, on this site)

• John G. Roberts, 2005 (official)

• Stephen Breyer, 1994 (official)

• Ruth Bader Ginsberg, 1993 (official)

• Clarence Thomas, 1991 (official):

  S.Hrg. 102-1084, parts 1-4 (Some links in PDF format)

  Part 1 (PDF), Sept. 10, 11, 12, 13, 16, 1991 (PDF)

  Part 2, Sept. 17 and 19, 1991    

  Part 3, Sept. 20, 1991    

  Part 4 (PDF), Oct. 11, 12, 13, 1991

  Part 4 Errata (PDF)