Wednesday, July 06, 2005

SCOTUS vs the executive branch

David Greenberg reminds us that fights between the president and Senate over SCOTUS nominees is nothing new, going back as far as George Washington's nomination of John Rutledge in 1795 (rejected by the Senate because he opposed Jay's Treaty); it's the quiet years that have been the exception. In fact, it got downright ugly during the 19th century:

The Senate of the 19th Century was no rubber stamp. The politics of that period are known for their partisanship, and the judicial wars were no exception. Between 1789 and 1894, 22 of 81 Supreme Court nominees failed to reach the bench, as a result of being either rejected, withdrawn, or left unacted upon by the Senate.
As usual, reporters don't know their history.

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