The Senate and Supreme Court Nominations: Some Reflections

Abstract

The Senate's rejections of the nominations of Clement Haynsworth and G. Harrold Carswell to the Supreme Court were the second and third in the present century and the ninth and tenth nominees formally rejected by the Senate in the history of the Court.' Not since Grover Cleveland has a President had two successive nominees to the same seat on the Supreme Court-or even two nominees-rejected by the Senate.2 That there should be two bitter battles over a Supreme Court nomination is neither surprising nor, in itself, any cause for alarm. When the Court is closely divided on current issues, any single appointment may be viewed as having a decisive impact on a wide range of future decisions. Controversy over the Supreme Court nominations is but a healthy reflection of the key role which the Court plays in the political system. Opposition to a presidential nominee is a traditional and effective way of challenging and focusing attention

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