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Monday, July 23, 1990: Supreme Court Appointments Procedure
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Monday, July 23, 1990: Supreme Court Appointments Procedure
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George H. W. Bush Papers
Presidential Daily Files
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Originally Processed With FOIA(s):
FOIA Number:
2009-0166-S
2009-0166-S
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin: Office of the President
Series:
Daily Files
Subseries:
OA/ID Number:
90554
Folder ID Number:
90554-009
Folder Title:
Monday, July 23, 1990: Supreme Court Appointments Procedure
Stack:
Row:
Section:
Shelf:
Position:
V
12
12
1
6
Withdrawal/Redaction Sheet
(George Bush Library)
Doc. No. / Type
Subject/Title
Date
Restriction
Classification
01. List
Supreme Court Candidates [with typed notation by George Bush]
06/21/89
(b)(6)
(1 pp.)
Page 1 of 1
Collection:
Record Group:
Bush Presidential Records
Office:
Office of the President
Series:
Daily Files
Subseries:
WHORM Cat.:
File Location:
Monday, July 23, 1990: Supreme Court Appointments Procedure
Pinksheet Number:
dw1765
OA/ID Number:
90554-009
Date Closed:
6/25/2010
FOIA/Sys Case #:
2009-0166-S
Re-review Case #:
P-2/P-5 Review Case #:
b
add to our
file of yesterday
thanks
p.
Document Original
Attached to
Following Page
My oath to the Constitution charges me to faithfully execute the
Dark confus
Office of President and to the best of my ability preserve,
read 7-23-90
protect, and defend the Constitution of the United States. Few
duties are more important in discharging that obligation than my
responsibility under Article II, Section 2 of our Constitution to
select, from among all possible choices, one nominee to fill a
vacancy on the Supreme Court of the United States. The task of
narrowing the selection to one highly qualified jurist committed
to the rule of law and faithful to the Constitution could never
be easy, but I have found it enormously satisfying. My choice
will serve the Court and Constitution well.
I am most pleased to announce that I will nominate as Associate
Justice of the United States Supreme Court a remarkable Judge of
keen intellect and the highest ability, one whose scholarly
Bush Presidential Library Photocopy
commitment to the law and whose wealth of experience mark him of
the first rank -- Judge David Souter of the United States Court
of Appeals for the First Circuit.
Judge Souter, I believe with all my heart, will prove a most
worthy member of the Court. Judge Souter's tenure as an
Associate Justice of the Supreme Court of the State of New
Hampshire, as Attorney General of that State, and more recently
as a federal appeals. judge unquestionably demonstrates his
ability, his intearity intergriy, and his dedication to public service.
And he has a keen appreciation of the proper judicial role,
rooted in fundamental belief in the separation of powers and the
Bush Library Photocopy
George Bush Handwriting
democratic principles underlying our great system of government.
Let me pay tribute, too, to the Justice whose retirement from the
Court created the vacancy I will nominate Judge Souter to fill,
Justice William Brennan. His powerful intellect, his winning
personality, and importantly, his commitment to civil discourse
on emotional issues that at times tempt uncivil voices, have made
him one of the greatest figures of our age. No one can question
his dedication to the nation and the energy he has brought to his
high office. His retirement is marked by the dignity and honor
that characterized his 34 years of service on the bench.
In choosing to nominate Judge Souter, who like Justice Breenan is
largely a product of the State Court system. I have looked for
that same dedication to public service and strength of intellect
exemplified by Justice Brennan. My selection process was not
geared simply to any legal issue; it is not appropriate in
choosing a Supreme Court Justice to use any "litmus test. " I
want a Justice who will ably and fairly interpret the law across
the range of issues the Court faces. OUr country serves as a
model for the world at a time of special significance, and I
stressed within the White House that our process could not be
dominated by politics or special interests. I believe that we
have set a good example of selecting a fair arbiter of the law.
3
Judge Souter will bring to the Court a wealth of judicial
experience on the Supreme Court of his state, and before that as
a state trial court judge. Prior to his appointment to the state
bench, Judge Souter was Attorney General of the State of New
Hampshire.
Judge Souter is a graduate of the Harvard Law School and a Phi
Beta Kappa graduate of Harvard College. He was also a Rhodes
Scholar.
My respect for Judge Souter's outstanding record led me earlier
this year to nominate him to his present position on the Court of
Appeals. The Senate unanimously confirmed him to that position,
because of his exceptional qualities and experience. His
opinions reflect a keen intellect as well as wise balance between
the theoretical and practical aspects of the law.
Judge Souter committed to interpreting, not making the law. He
recognizes the proper role of judges in upholding the democratic
choices of the people through their elected representatives, with
constitutional constraints.
Justice Brennn's retirement took effect last Friday. The Court
is now reduced to eight memebers; it is important to restore the
bench to full strength by the first Monday in October when the
Court begins its 1990 Term. I look forward to presenting Judge
Souter's nomination to the Senate as quickly as possible, and I
4
look forward as well to a fiar and expeditious confirmation
process.
THE WHITE HOUSE
WASHINGTON
NAMES GIVEN TO THE
PRESIDENT BY RIGHT TO LIFE
GROUP (DR. WILKIE)
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
01. List
Supreme Court Candidates [with typed notation by George
06/21/89
(b)(6)
Bush] (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Office of the President
Series:
Daily Files
Subseries:
WHORM Cat.:
File Location:
Monday, July 23, 1990: Supreme Court Appointments Procedure
Date Closed:
6/25/2010
OA/ID Number:
90554-009
FOIA/SYS Case #:
2009-0166-S
Appeal Case #:
Re-review Case #:
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile,
THE VICE PRESIDENT
WASHINGTON
December 13, 1988
The Honorable Joseph R. Biden, Jr.
Chairman
Committee on the Judiciary
United States Senate
Washington, D.C. 20510-6275
Dear Joe:
Thanks for your letter of November 25. I waited to
reply until I could talk to Dick Thornburgh, who has been
overseas. Dick tells me that he has been in touch with you
and that, indeed, you two are going to get together on this
subject. After you two have chatted, I would love to visit
with both you and Dick. The idea of avoiding confrontation
over Supreme Court appointments makes great sense.
I hope you and yours have a wonderful Christmas.
Sincerely,
Cy/ George Bush
CC: The Honorable Richard Thornburgh
bcc: Governor Sununu
Craig Fuller
Boyden Gray
Hector Irastorza
Patty Presock
JOSEPH R. BIDEN, JR., DELAWARE, CHAIRMAN
EDWARD M. KENNEDY. MASSACHUSETTS
STROM THURMOND, SOUTH CAROLINA
ROBERT C. BYRD, WEST VIRGINIA
ORRIN G. HATCH, UTAH
HOWARD M. METZENBAUM. OHIO
ALAN K. SIMPSON, WYOMING
DENNIS DECONCINI. ARIZONA
CHARLES E. GRASSLEY. IOWA
PATRICK J. LEAHY, VERMONT
AREEN. SPECTER-PENNSYLVANIA
HOWELL HEFLIN. ALABAMA
United States Senate
sched
GORDON J. HUMPHREY, NEW HAMPSHIRE
PAUL SIMON, ILLINOIS
MARK H. GITENSTEIN. CHIEF COUNSEL
COMMITTEE ON THE JUDICIARY
BG
DIANA HUFFMAN, STAFF DIRECTOR
TERRY L WOOTEN, MINORITY CHIEF COUNSEL
Vt
R.J. DUKE SHORT, MINORITY STAFF DIRECTOR
WASHINGTON, DC 205 10-6275
Fuller
FYI
November 25, 1988
Baylen has
action.
George Bush
7
Vice President of the United States
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500
Dear Mr. Vice President:
Congratulations on your victory. I look forward to
working with you as a member of the Senate and as Chairman of
the Judiciary Committee.
As you are no doubt aware, President Reagan and I, working
through the offices of then Chief of Staff Howard Baker,
established a process by which the Senate and the Executive
Branch could engage in consultations on Supreme Court
nominees. We undertook that effort in an attempt to avoid
contentious battles over those nominees. It was this
consultative process that greatly facilitated the confirmation
process in the case of Justice Kennedy.
While it may be presumptuous for me to suggest, I think it
might be beneficial to meet in the -near future, perhaps even
before your inauguration, to develop a mechanism for continuing
that process.
I am at your disposal for such a meeting.
Congratulations again.
Sincerely,
/8 Chairman JosepheR Beden Biden, Jr
bcc: John Sununu
NOTE ENVELOPE MARKED EYES ONLY
THE WHITE HOUSE
WASHINGTON
July 25, 1990
Dear Dick and Boyden:
Thanks for the superb job you both did on the
process leading up to David Souter's nomination to
the Supreme Court.
Now, back to the drawing board. I would like the
process that you started 17 months ago to be
started up once again. I'd like to ask that even
more emphasis be placed upon finding qualified
minorities and qualified women.
We should look at the possible retirements; and
then we should frankly discuss replacements. I do
not endorse the premise that a certain seat
belongs to one sex or one special group.
Please let me know when you are ready to discuss
this important matter with me.
Again, well done and thanks.
Sincerely,
ag
Bl
The Honorable Richard L. Thornburgh
The Attorney General
U.S. Department of Justice
Washington, D.C. 20530
The Honorable C. Boyden Gray
Counsel to the President
The White House
Washington, D.C. 20500
From the desk of
George Bush
Mark
n "Eyes Only "
Bush Library Photocopy
George Bush Handwriting
Document Originally
Attached to
Following Page
Bush Presidential Library Photocopy
cupreme t fill
cc Jomis
THE WHITE HOUSE
WASHINGTON
Dear Dick a Boyden
Thanks far the supub
job you both did as
the process leady up
to David outer S nonwating to
the support Caut,
Now, back to the
Bush Presidential Library Photocopy
draws board. I
would the the process
that you started
17 months ago to be
stanted up sure
again
Bush Library Photocopy
George Bush Handwriting
THE WHITE HOUSE
WASHINGTON
I of like to ash
that even nove
emphasis be placed
upon fuding qualified
minorties and qualitand
women.
we should looh
Bush Presidential Library Photocopy
at the pass possible
retirements i and then
we should Pranchis
disass replacements.
Bush Library Photocopy
George Bush Handwriting
THE WHITE HOUSE
WASHINGTON
I do not endorse
the premise that
a centain seat
belongs to one
sex on are S perial
chart
Bush Presidential Library Photocopy
Please let me
know when you
are ready 5 drows
this intro important we matter
Again well done À thank
sinush
Bush Library Photocopy
George Bush Handwriting
Bush Presidential Library Photocopy
have typed
My oath to the Constitution charges me to faithfully execute the
Office of President and to the best of my ability preserve,
protect, and defend the Constitution of the United States. Few
duties are more important in discharging that obligation than my
responsibility under Article II, Section 2 of our Constitution to
select, from among all possible choices, one nominee to fill a
vacancy on the Supreme Court of the United States. The task of
narrowing the selection to one highly qualified jurist committed
to the rule of law and faithful to the Constitution could never
be easy, but I have found it enormously satisfying. My choice
will serve the Court and Constitution well.
I am most pleased to announce that I will nominate as Associate
Justice of the United States Supreme Court a remarkable Judge of
keen intellect and the highest ability, one whose scholarly
commitment to the law and whose wealth of experience mark him of
the first rank -- Judge David Souter of the United States Court
of Appeals for the First Circuit.
Judge Souter, I believe with all my heart, will prove a most
worthy member of the Court. Judge Souter's tenure as an
Associate Justice of the Supreme Court of the State of New
Hampshire, as Attorney General of that State, and more recently
as a federal appeals judge unquestionably demonstrates his
ability, his intergriy, and his dedication to public service.
And he has a keen appreciation of the proper judicial role,
rooted in fundamental belief in the separation of powers and the
democratic principles underlying our great system of government.
Let me pay tribute, too, to the Justice whose retirement from the
Court created the vacancy I will nominate Judge Souter to fill,
Justice William Brennan. His powerful intellect, his winning
personality, and importantly, his commitment to civil discourse
on emotional issues that at times tempt uncivil voices, have made
him one of the greatest figures of our age. No one can question
his dedication to the nation and the energy he has brought to his
high office. His retirement is marked by the dignity and honor
that characterized his 34 years of service on the bench.
In choosing to nominate Judge Souter, who like Justice Breenan is
largely a product of the State Court system. I have looked for
that same dedication to public service and strength of intellect
exemplified by Justice Brennan. My selection process was not
geared simply to any legal issue; it is not appropriate in
choosing a Supreme Court Justice to use any "litmus test. " I
want a Justice who will ably and fairly interpret the law across
the range of issues the Court faces. OUr country serves as a
model for the world at a time of special significance, and I
stressed within the White House that our process could not be
dominated by politics or special interests. I believe that we
have set a good example of selecting a fair arbiter of the law.
Judge Souter will bring to the Court a wealth of judicial
experience on the Supreme Court of his state, and before that as
a state trial court judge. Prior to his appointment to the state
bench, Judge Souter was Attorney General of the State of New
Hampshire.
Judge Souter is a graduate of the Harvard Law School and a Phi
Beta Kappa graduate of Harvard College. He was also a Rhodes
Scholar.
My respect for Judge Souter's outstanding record led me earlier
this year to nominate him to his present position on the Court of
Appeals. The Senate unanimously confirmed him to that position,
because of his exceptional qualities and experience. His
opinions reflect a keen intellect as well as wise balance between
the theoretical and practical aspects of the law.
Judge Souter committed to interpreting, not making the law. He
recognizes the proper role of judges in upholding the democratic
choices of the people through their elected representatives, with
constitutional constraints.
Justice Brennn's retirement took effect last Friday. The Court
is now reduced to eight memebers; it is important to restore the
bench to full strength by the first Monday in October when the
Court begins its 1990 Term. I look forward to presenting Judge
Souter's nomination to the Senate as quickly as possible, and I
look forward as well to a fiar and expeditious confirmation
process.
My oath to the Constitution charges me to faithfully execute
the Office of President and to the best of my ability preserve,
protect, and defend the Constitution of the United States. Few
duties are more important in discharging that obligation than my
responsibility under Article II, Section 2 of our Constitution to
select, from among all possible choices, one nominee to fill a
vacancy on the Supreme Court of the United States. The task of
narrowing the selection to one highly qualified jurist committed to
the rule of law and faithful to the Constitution could never be easy,
but I have found it enormously satisfying. My choice, I think, will
serve the Court and the Constitution well.
I am most pleased to announce that I will nominate as
Associate Justice of the United States Supreme Court a remarkable
Judge of keen intellect and the highest ability, one whose scholarly
commitment to the law and whose wealth of experience mark him
of the first rank - Judge David Souter of the United States Court of
Appeals for the First Circuit.
Judge Souter, I believe with all my heart, will prove a most
worthy member of the Court. Judge Souter's tenure as an
Associate Justice of the Supreme Court of the State of New
Hampshire, as Attorney General of that State, and more recently as
a federal appeals judge unquestionably demonstrates his ability, his
integrity, and his dedication to public service. And he has a keen
appreciation of the proper judicial role, rooted in a fundamental
belief in the separation of powers and the democratic principles
underlying our great system of government.
Let me pay tribute, too, to the Justice whose retirement from
the Court created the vacancy I will nominate Judge Souter to fill,
Justice William Brennan. His powerful intellect, his winning
personality, and, importantly, his commitment to civil discourse on
emotional issues that at times tempt uncivil voices, have made him
one of the great figures of our age. To be sure, I have not always
agreed with the results of Justice Brennan's jurisprudence, but no
one can question his dedication to the nation and the energy he
has brought to his high office. His retirement is marked by the
dignity and honor that characterized his 34 years of service on the
bench.
In choosing to nominate Judge Souter, I looked first and
foremost for strength of intellect and understanding of the judicial
role. My selection process was not geared simply to one legal
issue; it is not appropriate in choosing a Supreme Court Justice to
use any "litmus test." I wanted a Justice who will ably and fairly
interpret the law across the range of issues the Court faces. Our
country serves as a model for the world at a time of special
significance, and I stressed within the White House that our process
could not be dominated by petty politics or special interests. I
believe that we have set a good example of selecting a fair arbiter
of the law.
Judge Souter will bring to the Court a wealth of judicial
experience. At age 50, he has served 12 years on the courts of the
State of New Hampshire, including seven years as a Justice of the
New Hampshire Supreme Court. And prior to his appointment to
the state bench, Judge Souter was Attorney General of the State of
New Hampshire.
Judge Souter is a graduate of the Harvard Law School and a
Phi Beta Kappa graduate of Harvard College. He was also a
Rhodes Scholar.
My respect for Judge Souter's outstanding record led me
earlier this year to nominate him to his present position on the
Court of Appeals. The Senate unanimously confirmed him to that
position, because of his exceptional qualities and experience.
His opinions reflect a keen intellect as well as wise balance
between the theoretical and practical aspects of the law.
Judge Souter is committed to interpreting, not making, the
law. He recognizes the proper role of judges in upholding the
democratic choices of the people through their elected
representatives, within constitutional constraints.
Judge Souter has been fair, firm and courageous in his
approach to criminal law issues. As Attorney General of New
Hampshire, he was widely known as a strong advocate of law and
order, safe streets and neighborhoods, and tough penalties on
those who threaten society. As a Judge, he has diligently applied
the law to ensure that criminals do not walk free on artificial
technicalities but are punished as they deserve. And all the while
he has held true the balance between the rights of the accused and
the interests of society. I believe that David Souter will make an
outstanding Justice of the Supreme Court.
Justice Brennan's retirement took effect last Friday. The Court
is now reduced to eight members; it is important to restore the
bench to full strength by the first Monday in October when the
Court begins its 1990 Term. I look forward to presenting Judge
Souter's nomination to the Senate as quickly as possible, and I
look forward as well to a fair and expeditious confirmation process.
My oath to the Constitution charges me to faithfully execute
the Office of President and to the best of my ability preserve,
protect, and defend the Constitution of the United States. Few
duties are more important in discharging that obligation than my
responsibility under Article II, Section 2 of our Constitution to
select, from among all possible choices, one nominee to fill a
vacancy on the Supreme Court of the United States. The task of
narrowing the selection to one highly qualified jurist committed to
the rule of law and faithful to the Constitution could never be easy,
but I have found it enormously satisfying. My choice, I think, will
serve the Court and the Constitution well.
I am most pleased to announce that I will nominate as
Associate Justice of the United States Supreme Court a remarkable
Judge of keen intellect and the highest ability, one whose scholarly
commitment to the law and whose wealth of experience mark him
of the first rank -- Judge David Souter of the United States Court of
Appeals for the First Circuit.
Judge Souter, I believe with all my heart, will prove a most
worthy member of the Court. Judge Souter's tenure as an
Associate Justice of the Supreme Court of the State of New
Hampshire, as Attorney General of that State, and more recently as
a federal appeals judge unquestionably demonstrates his ability, his
integrity, and his dedication to public service. And he has a keen
appreciation of the proper judicial role, rooted in a fundamental
belief in the separation of powers and the democratic principles
underlying our great system of government.
Let me pay tribute, too, to the Justice whose retirement from
the Court created the vacancy I will nominate Judge Souter to fill,
Justice William Brennan. His powerful intellect, his winning
personality, and, importantly, his commitment to civil discourse on
emotional issues that at times tempt uncivil voices, have made him
one of the great figures of our age. To be sure, I have not always
agreed with the results of Justice Brennan's jurisprudence, but no
one can question his dedication to the nation and the energy he
has brought to his high office. His retirement is marked by the
dignity and honor that characterized his 34 years of service on the
bench.
In choosing to nominate Judge Souter, I looked first and
foremost for strength of intellect and understanding of the judicial
role. My selection process was not geared simply to one legal
issue; it is not appropriate in choosing a Supreme Court Justice to
use any "litmus test." I wanted a Justice who will ably and fairly
interpret the law across the range of issues the Court faces. Our
country serves as a model for the world at a time of special
significance, and I stressed within the White House that our process
could not be dominated by petty politics or special interests. I
believe that we have set a good example of selecting a fair arbiter
of the law.
Judge Souter will bring to the Court a wealth of judicial
experience. At age 50, he has served 12 years on the courts of the
State of New Hampshire, including seven years as a Justice of the
New Hampshire Supreme Court. And prior to his appointment to
the state bench, Judge Souter was Attorney General of the State of
New Hampshire.
Judge Souter is a graduate of the Harvard Law School and a
Phi Beta Kappa graduate of Harvard College. He was also a
Rhodes Scholar.
My respect for Judge Souter's outstanding record led me
earlier this year to nominate him to his present position on the
Court of Appeals. The Senate unanimously confirmed him to that
position, because of his exceptional qualities and experience.
His opinions reflect a keen intellect as well as wise balance
between the theoretical and practical aspects of the law.
Judge Souter is committed to interpreting, not making, the
law. He recognizes the proper role of judges in upholding the
democratic choices of the people through their elected
representatives, within constitutional constraints.
Judge Souter has been fair, firm and courageous in his
approach to criminal law issues. As Attorney General of New
Hampshire, he was widely known as a strong advocate of law and
order, safe streets and neighborhoods, and tough penalties on
those who threaten society. As a Judge, he has diligently applied
the law to ensure that criminals do not walk free on artificial
technicalities but are punished as they deserve. And all the while
he has held true the balance between the rights of the accused and
the interests of society. I believe that David Souter will make an
outstanding Justice of the Supreme Court.
Justice Brennan's retirement took effect last Friday. The Court
is now reduced to eight members; it is important to restore the
bench to full strength by the first Monday in October when the
Court begins its 1990 Term. I look forward to presenting Judge
Souter's nomination to the Senate as quickly as possible, and I
look forward as well to a fair and expeditious confirmation process.