Back in 1987, after Robert Bork’s nomination to the Supreme Court had failed in the Senate, President Reagan had nominated Douglas Ginsburg, another D.C. Circuit Court of Appeals judge who was considered a strong conservative without the controversial speeches and rhetoric that Bork had. Just days after the nomination, however, it was reported that Nina Totenburg of NPR that Ginsburg had used marijuana as both a student in college and as a professor.
However, Reagan was able to convince Ginsburg to stay on as his nominee after the judge initially requested that Reagan withdraw him. At his hearings, while not as controversial as Bork’s, Ginsburg expressed regret for his marijuana use, and insisted that he did not use it anymore. The insistence worked, and Ginsburg was confirmed 58-42, ironically, an exact flip vote from Bork.
Over the years, even to today, Ginsburg has followed a very originalist and textualist judicial philosophy on the Supreme Court, many rating him as the Court’s most conservative Justice.
My question is this: what if Reagan has not convinced Ginsburg to stay on as his nominee? What if Reagan has withdrawn Douglas Ginsburg’s nomination?
However, Reagan was able to convince Ginsburg to stay on as his nominee after the judge initially requested that Reagan withdraw him. At his hearings, while not as controversial as Bork’s, Ginsburg expressed regret for his marijuana use, and insisted that he did not use it anymore. The insistence worked, and Ginsburg was confirmed 58-42, ironically, an exact flip vote from Bork.
Over the years, even to today, Ginsburg has followed a very originalist and textualist judicial philosophy on the Supreme Court, many rating him as the Court’s most conservative Justice.
My question is this: what if Reagan has not convinced Ginsburg to stay on as his nominee? What if Reagan has withdrawn Douglas Ginsburg’s nomination?