Presidents, Supreme Court Justices, And First Term Nominations: All But Monroe, FDR, George W. Bush!

This blogger heard the statement of Ralph Nader, a guest on Bill Maher’s “Real Time” HBO show recently, that if only the Democrats had won the 2004 Presidential Election, the Supreme Court would have been dramatically different than it is today!

Present Secretary of State John Kerry lost to George W. Bush, who became only the third President to have to wait until his second term of office to nominate and confirm a Supreme Court Justice! Bush proceeded to select Chief Justice John Roberts and Associate Justice Samuel Alito, who have together had a dramatic effect on Court decisions in a very right wing manner!

Only James Monroe and Franklin D. Roosevelt failed to have a Supreme Court nominee in their first term, and only William Henry Harrison, Zachary Taylor, and Jimmy Carter were unable to make any appointments to the high Court, due to lack of vacancies. Even President James A. Garfield, shot after four months in office, had an appointee to the Supreme Court after two months in office! And FDR may not have had appointments in his first term, but he ended up having a total of nine appointments between 1937 and 1943 over six and a half years!

This is something to keep in mind, the power of the President to affect the Supreme Court’s future, and with the certainty that there will be vacancies on the high Court in the next Presidential term, making the election of a Democrat to the White House, and a Democratic Senate after 2016, ever more urgent!