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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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Both nominees had supported segregation in the past

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Q: Why did the Senate reject President Reagan's Supreme Court nominee Robert Bork?
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If the Senate feel that the president has not made a good choice for an appointment what can the Senate do?

According to Article II, section 2 of the U.S. Constitution, the President shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, judges and other high ranking officials. The senate holds hearings to determine the suitability of the nominee and confirms the nomination by a majority vote. Plainly, the Senate could vote not to confirm the potential nominee. President Ronald Reagan's nomination of Judge Robert Bork is an example of a defeated nomination, as Bork was denied a seat on the US Supreme Court by a vote 42 to 58. (42 voted to confirm; 58 voted to not confirm) More practically, the nominee simply realizes there is little support for their nomination and chooses to withdraw. President Bush's nomineee for the Supreme Court, Harriet Miers, chose this route. Although not done by Senate "action" the withdrawal is recognition the nominee likely would not be confirmed. The Senate also has the ability to allow a nominee to languish in committee hearings. This typically happens toward the end of a President's term when the opposing party holds control of the Senate. Again, while not an action of the whole Senate, the implication is clear: We will not schedule a vote because the President will soon be gone. Hope this helps.


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