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Originally Posted by Superbelt
I wonder though, if Kerry would try to get a liberal in there to replace Stevens specifically, how long could the senate republicans realistically filibuster the nomination before their reputation becomes tarnished and they get labeled obstructionists.
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I don't think it is a matter of filibuster. It is a matter of votes. You only filibuster when the other side has the votes to beat you. Because issues are no longer so cut and dried along party lines, I think it will be tough to get a straight party vote to approve anyone. Hence it becomes the job of the President to nominate someone that will be palitable enough to a majority of the Senate, regardless of party, to get approval. This will necessitate going more moderate in nature.
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Originally Posted by Superbelt
What is the history of opposition to SC justices?
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Just from doing a bit of quick research, it appears that there have been 5 rejections of nominees in the last 40 years or so. Here they are with information on the specifics of each from this
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- Douglas Ginsburg, Reagan appointment, 1987 (smoked pot) Reagan finally nominated Anthony Kennedy, who was confirmed in 1988.
- Robert Bork, Reagan's first choice to replace Lewis F. Powell, Jr. Nominated in 1987. Rejected largely for his legal philosophy. He was an ultra-conservative, but brilliant. Political right has never forgiven this rejection.
- Clement Haynsworth, Nixon appointment. Another Southerner with racist tinge. Second consecutive rejection, following Carswell. Nixon finally appointed Justice Lewis F. Powell, Jr. in 1972
- G. Harold Carswell, Nixon appointment. Southerner with racist tinge and mediocre. Senator Mundt asked "what's wrong with appointing a mediocre person to the Court?" Vacancy arose when Justice John M Harlan died in office in 1971.
- Abe Fortas, Johnson's choice for Chief Justice in 1968 was withdrawn under pressure in 1968. He received a $20,000/year stipend for being on the Board of Directors of the Parva Foundation. Fortas resigned from court as Associate Justice because of the appearance of impropriety. This gave Pres Nixon the opportunity to nominate two justices. Completely changed the direction of the Supreme Court. Opened door to appointments of Warren E. Burger, as Chief Justice, and Harry Blackmun, as Associate Justice, to the court.
I do find it interesting that all of these nominees of Republican Presidents but I guess that can be explained by the Democratic majority in the Senate up to the Reagan years and then the close split every since.