Reagan must make moderate selection
November 9, 1987
As Douglas Ginsburg announced Saturday he was no longer interested in replacing Justice Lewis Powell on the Supreme Court, one had to wonder if President Reagan will ever be able to come up with an acceptable nominee.
Last week, Ginsburg admitted to smoking marijuana as both a college student and a college professor. This revelation, along with the discovery Ginsburg heard a case in which he had direct interests, doomed his selection from the start.
Fortunately, Ginsburg had the foresight to see what was in store for him. And, unlike Reagan’s first choice, Robert Bork, Ginsburg withdrew his name, allowing the selection process to continue rather than be bogged down by another series of confirmation hearings.
opefully Reagan now will take the time necessary to name a candidate who will meet with the approval of those who will ultimately confirm the nomination. Despite the president’s wishes, this could mean loosening up a little on his conservative stance.
eagan should understand the necessities of getting a new justice in place as soon as possible. First, the longer the spot is vacant, the more chance there is to disrupt cases that need that extra vote one way or the other to be decided.
More importantly, there is danger in allowing this process to be dragged out until it runs headlong into the presidential campaign of 1988. It would be unfortunate to have the presidential races overshadowed by arguments among candidates as to who should sit on the Supreme Court.
Such an instance would only detract from the discussion of more important issues on which platforms should be based.
eagan must realize he had little, if any, chance in getting an ultra-conservative like Bork placed on the Court. At this point, he has to give in to the pressures of the judiciary committee and select a somewhat more moderate candidate—someone who has a chance to meet with the approval of all involved.
There is no need to draw the process out any further. Surely, there is someone who will be favored by both Reagan and the judiciary committee. Let’s hope the president finds out who that person is and gives him a shot at filling the hole. Let’s hope the third time is, in fact, the charm.