Changed it to Diane Sykes, and also changed her confirmation year to the OTL where Rehnquist does instead of retiring. She spends two years as a judge, gathers an impressive judicial record. Plus, she was confirmed to the Seventh Circuit with 70 votes.
Alternate Supreme Court Justices/Nominations
- Thread starter TheAllTimeGreatest
- Start date
Changed it to Diane Sykes, and also changed her confirmation year to the OTL where Rehnquist does instead of retiring. She spends two years as a judge, gathers an impressive judicial record. Plus, she was confirmed to the Seventh Circuit with 70 votes.
SsgtC
Banned
It's honestly not a great idea to base how someone will fair in a SCOTUS nomination by looking at how easily they were confirmed to a circuit court. For example, Neil Gorsuch was confirmed unanimously to the 10th Circuit, but received only 54 votes for the SCOTUS. The Senate tends to not fight lower Court nominations too much since they know that any truly egregious rulings can be overturned by the SCOTUS.
At the time in OTL, Republicans held a 55-45 majority, and the Gang of 14 was instrumental in invoking cloture on the Supreme Court nomination of Samuel Alito. Since Diane Sykes is just as conservative as Alito, I’m willing to bet that her nomination would go the same way.
This absolutely needs bearing in mind - even Bork after all had already been confirmed to the DC circuit, which is generally considered one of the main proving grounds for Supreme Court nominees.
Nixon is interesting in that he got to pick four Supreme Court justices, without any scandals like Watergate becoming public it could have been five, and with a few tweaks it's not hard to make it six. That would have put him behind only Washington, who doesn't really count, and FDR in terms of judicial appointments – using Circuit judges as a tie-breaker with Taft.
Al Gore and John Glenn win the 2000 election, carrying over Ohio, receiving 287 electoral votes.[1]
In 2004, with the Afganistan War against Al-Qieda, still going strong and Gore’s high approval rate. Gore and Senator John Kerry were able to wing a landslide victory.
Joe Lieberman, became Chief Justice, replacing William Rehnquist, who sadly died in office, starting on September 29, 2005. [2]
Janet Wood Reno, was appointed by Al Gore as Associate Justice, replacing Sandra Day O'Connor, starting on January 31, 2007 [3]
Appointed by President Mike Huckabee [4], Jeff Sessions, replacing retiring David H. Souter. Sessions was barely voted on to the Supreme Court , on August 6, 2009, by a vote of 51–48. [5]
Associate Justice John Paul Stevens retired on June 29, 2010 and was replaced by Morris S. Arnold [6]
On February 13, 2016, Antonin Scalia, died in his sleep, ten days later on February 23, 2016, the 11 Republican members of the Senate Judiciary Committee signed a letter to Senate majority leader Mitch McConnell stating their intention to withhold consent on any nominee made by President Patrick J. Kennedy II , and that no hearings would occur until after January 20, 2017, when the next president takes office. This was reiterated following the death of Janet Reno, who died on November 7, 2016, both these
When Patrick J. Kennedy II, was re-elected on January 21st, he made his two nominations to government. To succeed Scalia, he appointed Joe Biden [7], while for Reno's seat, he appointed Mary M. Lisi [8].
On June 27, 2018, Justice Anthony Kennedy announced his retirement from the Supreme Court, effective July 31, giving President Kennedy his third nomination. He chose to stick with his streak of taking away more states that have never produced a Supreme Court Justice, by appointing Howard Dean of Vermont.
[1] At 79, John Glenn became the oldest Vice President, surpassing Alben W. Barkley, who at the age of 71 years, 57 days, was a mere pup.
The choice to stand was wanting to support the Democratic Party through at least another 4 years.
[2] The first Jewish Chief Justice.
[3] Janet W. Reno had become the first woman to serve as Attorney General and the second-longest serving Attorney General in U.S. history, after William Wirt. She became the third female Justice.
Reno would serve her post up until her death from Parkinson's disease on November 7, 2016. Serving nearly 11 years on the court.
Sandra Day O’Connor had hoped to retire when a Republican President was elected. However following Al Gore defeating John McCain in 2004, and her husband suffering from Alzheimer's disease, these all played a significant role in Sandra Day O'Connor's decision in 2005 to retire from the Supreme Court, she publicly showed approval of being replaced by Reno.
[4] With the Democratic Party running the white house and government efficiently, it was believed by many that Vice President John Kerry would win the elections in 2008, however Arkansas governor Mike Huckabee was able to win a republican victory, after 16 years of Democratic rule.
[5] From 1981 to 1993, he served as the United States Attorney for the Southern District of Alabama. Sessions was nominated in 1986 to be a judge of the U.S. District Court for the Southern District of Alabama, but was not confirmed. He then served as United States Senator from Alabama from 1997. He was chosen as a Southern ally on the court.
[6] A Republican, he was appointed to the appeals court by U.S. President George Herbert Walker Bush. His tenure began on June 1, 1992. For his first twelve years, until 2004, he served on the court alongside his older brother, Richard S. Arnold, a Democrat appointed by President Jimmy Carter. He served as judge on the United States Foreign Intelligence Surveillance Court of Review from 2008 to 2010. Arnold became the
[7] United States Senator from Delaware, since 1973, Chair of the Senate Judiciary Committee between 1987 and 1995; Biden was seen as a shoeing for the Court and although born in Pennsylvanis, Biden hailed from Delaware and studied law at the University of Delaware (BA)
[8] Former Senior United States District Judge of the United States District Court for the District of Rhode Island.
[9] Before the above two Justices taking their seats, the states of Delaware and Rhode Island, had never produced a Supreme Court Justice, especially when they were the original states, being the 1st and 13th states Admitted into the to Union.
In 2004, with the Afganistan War against Al-Qieda, still going strong and Gore’s high approval rate. Gore and Senator John Kerry were able to wing a landslide victory.
Joe Lieberman, became Chief Justice, replacing William Rehnquist, who sadly died in office, starting on September 29, 2005. [2]
Janet Wood Reno, was appointed by Al Gore as Associate Justice, replacing Sandra Day O'Connor, starting on January 31, 2007 [3]
Appointed by President Mike Huckabee [4], Jeff Sessions, replacing retiring David H. Souter. Sessions was barely voted on to the Supreme Court , on August 6, 2009, by a vote of 51–48. [5]
Associate Justice John Paul Stevens retired on June 29, 2010 and was replaced by Morris S. Arnold [6]
On February 13, 2016, Antonin Scalia, died in his sleep, ten days later on February 23, 2016, the 11 Republican members of the Senate Judiciary Committee signed a letter to Senate majority leader Mitch McConnell stating their intention to withhold consent on any nominee made by President Patrick J. Kennedy II , and that no hearings would occur until after January 20, 2017, when the next president takes office. This was reiterated following the death of Janet Reno, who died on November 7, 2016, both these
When Patrick J. Kennedy II, was re-elected on January 21st, he made his two nominations to government. To succeed Scalia, he appointed Joe Biden [7], while for Reno's seat, he appointed Mary M. Lisi [8].
On June 27, 2018, Justice Anthony Kennedy announced his retirement from the Supreme Court, effective July 31, giving President Kennedy his third nomination. He chose to stick with his streak of taking away more states that have never produced a Supreme Court Justice, by appointing Howard Dean of Vermont.
[1] At 79, John Glenn became the oldest Vice President, surpassing Alben W. Barkley, who at the age of 71 years, 57 days, was a mere pup.
The choice to stand was wanting to support the Democratic Party through at least another 4 years.
[2] The first Jewish Chief Justice.
[3] Janet W. Reno had become the first woman to serve as Attorney General and the second-longest serving Attorney General in U.S. history, after William Wirt. She became the third female Justice.
Reno would serve her post up until her death from Parkinson's disease on November 7, 2016. Serving nearly 11 years on the court.
Sandra Day O’Connor had hoped to retire when a Republican President was elected. However following Al Gore defeating John McCain in 2004, and her husband suffering from Alzheimer's disease, these all played a significant role in Sandra Day O'Connor's decision in 2005 to retire from the Supreme Court, she publicly showed approval of being replaced by Reno.
[4] With the Democratic Party running the white house and government efficiently, it was believed by many that Vice President John Kerry would win the elections in 2008, however Arkansas governor Mike Huckabee was able to win a republican victory, after 16 years of Democratic rule.
[5] From 1981 to 1993, he served as the United States Attorney for the Southern District of Alabama. Sessions was nominated in 1986 to be a judge of the U.S. District Court for the Southern District of Alabama, but was not confirmed. He then served as United States Senator from Alabama from 1997. He was chosen as a Southern ally on the court.
[6] A Republican, he was appointed to the appeals court by U.S. President George Herbert Walker Bush. His tenure began on June 1, 1992. For his first twelve years, until 2004, he served on the court alongside his older brother, Richard S. Arnold, a Democrat appointed by President Jimmy Carter. He served as judge on the United States Foreign Intelligence Surveillance Court of Review from 2008 to 2010. Arnold became the
[7] United States Senator from Delaware, since 1973, Chair of the Senate Judiciary Committee between 1987 and 1995; Biden was seen as a shoeing for the Court and although born in Pennsylvanis, Biden hailed from Delaware and studied law at the University of Delaware (BA)
[8] Former Senior United States District Judge of the United States District Court for the District of Rhode Island.
[9] Before the above two Justices taking their seats, the states of Delaware and Rhode Island, had never produced a Supreme Court Justice, especially when they were the original states, being the 1st and 13th states Admitted into the to Union.
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I think you can say that about a lot of presidents, though. Fr'instance, it's not impossible that Reagan might have ended up with five picks, and Rehnquist's CJ nomination, given how absolutely atrocious Marshall's health was as far back as the seventies. We get occasional HE SHUDDA HELD ON comments on here, but he did damn well to make it to where he did, to be honest. And even by our standards today, Brennan was at a fairly advanced age when his health broke. (I think he had a minor stroke before the big one)
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John Fredrick Parker
Donor
1968 Presidential Election - Hubert Humphrey (D) Defeats Richard Nixon (R)
Chief Justice Arthur Goldberg (appointed 1969) (replaced Earl Warren)
Justice Shirley Hufstedler (appointed 1971) (replaced Hugo Black)
Justice Frank M Johnson (appointed 1971) (replaced John Marshall Harlan II)
1972 Presidential Election - Ronald Reagan (R) Defeats Hubert Humphrey (D)
Justice Lewis Powell (appointed 1974) (replaced an impeached Abe Fortas)
Justice William Rehnquist (appointed 1975) (replaced William O Douglas)
1976 Presidential Election - Ronald Reagan (R) Wins Re-Election
Justice Arlen Specter (appointed 1979) (replaced Potter Stewart)
1980 Presidential Election - _____?_____ (D) Defeats _____?_____ (R)
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Jack Brooks, Frank Minis Johnson, Anthony J. Celebrezze, George Clifton Edwards Jr., and Irving Kaufman seem like potential choices.
Robert Bork, Anne Armstrong, Ed Meese, Peter T. Fay, Arlen Specter, and Richard H. Poff are people who might have been options.
John Fredrick Parker
Donor
Some really interesting ones there. I think Celebrezze or Johnson look most likely.
Considering Nixon is not elected president TTL, many of these names have different careers by 1973, when Reagan can open new opportunities; I’d say Arlen Specter, who was already District Attorney of Philadelphia, would have the most room for advancement TTL, followed by Meese, who already had a relationship with Reagan.
So I think I’ll go with Frank M Johnson and Arlen Specter; making change to last post.
Marc
Donor
Has Richard S. Arnold been mentioned? Considered the best of the best, was the leading candidate until his lymphoma became worse. Clinton went with the second choice of Breyer. Arnold recovered and lived for another decade.
Problematically, not a game changer, but even among the Supreme Court justices, Arnold was immensely respected.
Problematically, not a game changer, but even among the Supreme Court justices, Arnold was immensely respected.
John Fredrick Parker
Donor
If I'm reading that note right, Vincent Lee McKusick was his second choice? But I had heard the other finalist was Arlin Adams (who has a "3" next to his name on this list). Then again, Adams and Stevens are the ones with check marks, along with Phillip Tone.
Anyway, Ford picking Bork wouldn't be the craziest thing in the world, but he doesn't look like his kind of ideal candidate.
History Learner
Banned
Bork at the time didn't have the paper trail like he later would have in 1987 and was on a bit of a Libertarian streak; he'd kinda be like a reverse Souter, which I find interesting.
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John Fredrick Parker
Donor
So thinking about what changes in terms of Supreme Court decisions as a result of this:
- Laird v Tatum (1972) - surveillance can have a chilling effect on free speech
- Furman v Georgia (1972) - capital punishment is unconstitutional, full stop
- BRSC v Roth (1972) and Perry v Sindermann (1972) - dismissal of government employees can be scrutinized for violating First Amendment rights
- Branzburg v Hayes (1972) - reporters have testimonial privilege
- Kleindienst v Mandel (1972) - First Amendment protections in immigration policy
- Roe v Wade (1973) - decision is likely the same, but probably different rationale
- US v Russell (1973) - broader definition of entrapment
- Schneckloth v Bustamonte (1973) - Miranda protections for consent searches
- Miller v California (1973) - narrower obscenity law
- Milliken v Bradley (1974) - tougher standards for school segregation
- Buckley v Valeo (1976) - ironically, I think this decision would stand
Supreme Court Justices in my ongoing TLIAD as of 2008:
Chief Justice Janice Rogers Brown, appointed 2006 by Elizabeth Dole to replace James L. Buckley
Associate Justice Ronald Dworkin, appointed 1977 by Arthur M. Schlesinger to replace William O. Douglas
Associate Justice José Cabranes, appointed 1989 by Lee Iacocca to replace Byron White
Associate Justice Barbara Underwood, appointed 1993 by Booth Gardner to replace William J. Brennan Jr.
Associate Justice Laurence Tribe, appointed 1994 by Booth Gardner to replace Harry Blackmun
Associate Justice Amalya Kearse, appointed 1994 by Booth Gardner to replace Barbara Jordan
Associate Justice J. Michael Luttig, appointed 2002 by Elizabeth Dole to replace Laurence Silberman
Associate Justice Alex Kozinski, appointed 2005 by Elizabeth Dole to replace Robert Bork
Associate Justice Mary Ann Glendon, appointed 2008 by Elizabeth Dole to replace William T. Coleman Jr.
Chief Justice Janice Rogers Brown, appointed 2006 by Elizabeth Dole to replace James L. Buckley
Associate Justice Ronald Dworkin, appointed 1977 by Arthur M. Schlesinger to replace William O. Douglas
Associate Justice José Cabranes, appointed 1989 by Lee Iacocca to replace Byron White
Associate Justice Barbara Underwood, appointed 1993 by Booth Gardner to replace William J. Brennan Jr.
Associate Justice Laurence Tribe, appointed 1994 by Booth Gardner to replace Harry Blackmun
Associate Justice Amalya Kearse, appointed 1994 by Booth Gardner to replace Barbara Jordan
Associate Justice J. Michael Luttig, appointed 2002 by Elizabeth Dole to replace Laurence Silberman
Associate Justice Alex Kozinski, appointed 2005 by Elizabeth Dole to replace Robert Bork
Associate Justice Mary Ann Glendon, appointed 2008 by Elizabeth Dole to replace William T. Coleman Jr.
Ricardolindo
Banned
Sorry for the late reply but, by 1971, Bork had already abandoned his libertarian ideas, read David T's post in https://soc.history.what-if.narkive.com/dnee3JOB/bork-stays-libertarian. Also, in 1987, Bork could plausibly claim that he had changed his mind about some of his earlier controversial writings. In 1975, that claim would have been much harder to make. Read David T's post in https://soc.history.what-if.narkive.com/Suqh9HC7/rocky