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Harriet Miers

On October 3, 2005, President George W. Bush nominated Harriet Miers, his private attorney and White House counsel, to the seat being vacated by Justice Sandra Day O'Connor, who was retiring.

Miers had no judicial experience, and was rated "unqualified" by the American Bar Association, which passes unofficial judgment on all Supreme Court nominees. The Republican party was outraged at the nomination and indicated they would not vote favorably for her appointment. Miers quietly requested her nomination be withdrawn before her Senate Judiciary hearing.

Ironically, one of Mier's most scathing critics was Robert Bork, the most recent nominee rejected by a vote of the Senate.

Robert Bork

The most recent candidate rejected by the Senate was Ronald Reagan's nominee, Robert Bork, chosen to replace Justice Lewis Powell, who retired in 1987.

Bork was a controversial choice because of his ultra-conservative ideology, which alarmed many civil rights groups. Bork also had ties to the Nixon administration, where he briefly served as United States Attorney General following the infamous "Saturday Night Massacre" (for more information on this subject, see US v. Nixon, (1974), in Related Links, below). In addition, Bork was a judicial restraint extremist who supported disproportionate Executive branch powers, bordering on "supremacy."

A large number of political activists opposed Bork's nomination and applied pressure to the Senate (many of whom had their own reservations) to reject him. Bork was blocked by a bipartisan vote of 58-42 on October 23, 1987.

The vacancy was ultimately filled by incumbent Justice Anthony M. Kennedy, whose views are more moderate.

Bork, who was offended by his treatment in the confirmation process, resigned as a federal judge in 1988. He is currently a lawyer, law school professor, and author of several books.

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According to official US government records, a total of 36 justices were nominated and either rejected, withdrawn, tabled, or postponed by the Senate. An additional 7 were confirmed, but declined to serve.

The very first Supreme Court nominee to be rejected was John Rutledge in 1795. The last to be actually voted on and rejected was Robert Bork in 1987, but several others, including George W. Bush's White House counsel, Harriett Miers, have been considered by the Senate and had their names withdrawn when it appeared they might be rejected.

12.......Rejected
11.......Withdrawn
10.......Tabled
03.......Vote Postponed

There are several instances where nominees fit more than one category. Justices John Harlan, Pierce Butler, and Stanley Matthews' nominations were initially tabled, but later confirmed; William Hornblower's nomination was tabled, then rejected; Reuben Walworth appears to have been confirmed, but the recorded vote was actually for tabling his nomination, which was later withdrawn.

Senate-Rejected Supreme Court Nominees

Robert Bork............................42-58............10/23/1987..........Reagan
G. Harrold Carswell..................45-51............04/08/1970..........Nixon
Clement Haynsworth, Jr............45-55............11/21/1969..........Nixon
John Parker.............................39-41............05/07/1930..........Hoover
Wheeler Peckham....................32-41............02/16/1894..........Cleveland
William Hornblower..................24-30............01/15/1894..........Cleveland
Ebenezer Hoar.........................24-33............02/03/1870..........Grant
Jeremiah Black........................25-26............02/21/1861..........Buchanan
George Woodward...................20-29............01/22/1846...........Polk
John Spencer..........................21-26............01/31/1844...........Tyler
Alexander Wolcott....................9-24.............02/13/1811...........Madison
John Rutledge (CJ)..................10-14............12/15/1795...........Washington

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Twelve of thirty-six rejected nominees were turned down by Senate vote:

Senate-Rejected Supreme Court Nominees

Robert Bork............................42-58............10/23/1987..........Reagan

G. Harrold Carswell..................45-51............04/08/1970..........Nixon

Clement Haynsworth, Jr............45-55............11/21/1969..........Nixon

John Parker.............................39-41............05/07/1930..........Hoover

Wheeler Peckham....................32-41............02/16/1894..........Cleveland

William Hornblower..................24-30............01/15/1894..........Cleveland

Ebenezer Hoar.........................24-33............02/03/1870..........Grant

Jeremiah Black........................25-26............02/21/1861..........Buchanan

George Woodward...................20-29............01/22/1846...........Polk

John Spencer..........................21-26............01/31/1844...........Tyler

Alexander Wolcott....................9-24.............02/13/1811...........Madison

John Rutledge (CJ)..................10-14............12/15/1795...........Washington

For more information, see Related Questions, below.

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Harriet MiersOn October 3, 2005, President George W. Bush nominated Harriet Miers, his private attorney and White House counsel, to the seat being vacated by Justice Sandra Day O'Connor, who was retiring.Miers had no judicial experience, and was rated "unqualified" by the American Bar Association, which passes unofficial judgment on all Supreme Court nominees. The Republican party was outraged at the nomination and indicated they would not vote favorably for her appointment. Miers quietly requested her nomination be withdrawn before her Senate Judiciary hearing.Ironically, one of Mier's most scathing critics was Robert Bork, the most recent nominee rejected by a vote of the Senate.


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AnswerHarriet Miers was nominee to the US Supreme Court for a brief period in 2005, but her nomination was withdrawn when it became clear she was considered unqualified.ExplanationOn October 3, 2005, President George W. Bush nominated Harriet Miers, his private attorney and White House counsel, to the seat being vacated by Justice Sandra Day O'Connor, who was retiring.Miers had no judicial experience, and was rated "unqualified" by the American Bar Association, which passes unofficial judgment on all Supreme Court nominees. The Republican party was outraged at the nomination and indicated they would not vote favorably for her appointment. Miers quietly requested her nomination be withdrawn before her Senate Judiciary hearing.Ironically, one of Mier's most scathing critics was Robert Bork, the most recent nominee rejected by a vote of the Senate.


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