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Jimmy Carter and the Supreme Court

While Jimmy Carter never had the opportunity to nominate anyone to the Supreme Court, his influence on the federal judicial system is still felt today. Executive Order 11972 did much to lift the Court above political influence by changing the nominating process for federal judges and prosecutors. Carter also nominated both Ruth Bader Ginsburg and Stephen Breyer to the United States Circuit Court. Both would ultimately go on to serve on the Supreme Court.

Bakke Reverse Discrimination Case Upheld

Jimmy Carter became President of the United States following the tumultuous years of the Vietnam conflict and the Watergate episode. The country had just gone through an extremely contentious and divisive time and turned to a Washington outsider hopefully to ease the strains of the previous years. Despite momentous changes preceding President Carter's term, the Supreme Court remained unchanged, the same nine members serving for Carter's four years.

Among the rulings by the Supreme Court during the Carter Administration, three are particularly noteworthy. These were the Bakke case, federal funding of abortions, and the disposition of the Nixon recordings and documents.

Allan Bakke, a white student, filed suit in the Superior Court of California claiming he had been discriminated against because of his race. The case eventually made its way to the Supreme Court, which found that Bakke had indeed been a victim of reverse discrimination, but also held that universities could continue to use race as a determining factor for admission. President Carter noted that "the Supreme Court decision this week upholds the law requiring that 10 percent of all Federal contract money goes to minority-owned businesses, and at the same time . . . approved affirmative action to eliminate the results of past discrimination."

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The Presidential Records Act of 1978

In June 1977 the Court ruled that the federal government was not obligated to provide money for elective abortions. Accepting the legality of abortion while being personally opposed to it, Carter agreed with the Court's decision, noting that he believed such funding "is an encouragement to abortion and its acceptance as a routine contraceptive means."

In the wake of Watergate, the Supreme Court was asked to determine whether Congress was correct in seizing the Nixon Administration's papers and recordings. In Nixon v. General Services Administration, the Court found that Congress had made the proper disposition of this material. Carter commented that he intended to "make my own Presidential papers and documents the property of the people of the Nation after I leave office." This Court decision led to the Presidential Records Act of 1978.

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Appointed Strictly on the Basis of Merit

In his 1976 campaign, Carter stated, "all federal judges and prosecutors should be appointed strictly on the basis of merit without any consideration of political aspects or influence. Independent blue ribbon judicial selection committees should be utilized to provide recommendations to the President when vacancies occur. . . ." Less than a month after taking office, Carter fulfilled this pledge by issuing Executive Order 11972 establishing the United States Circuit Court Judge Nominating Commission, consisting of thirteen panels, each representing a federal court district. The president appointed the members and the panel chairmen. Each panel was to include men, women, minorities, lawyers, and non-lawyers. They were to recommend as candidates for federal circuit judges "persons whose character, experience, ability and commitment to equal justice under law, fully qualify them to serve in the Federal Judiciary."

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Carter's Legacy on the Judicial System

President Carter left a lasting legacy on the United States' judicial system with the passage of two important pieces of legislation. The Fifth Circuit Court of Appeals Reorganization Act of 1980 and the Federal District Court Organization Act of 1980 both led to significant changes in the Federal Court system. The expanded court system allowed President Carter to appoint more federal judges, particularly women and minority members.

While President Carter did not have the opportunity to nominate anyone to the Supreme Court, he was to have a long-range influence on the Court's membership. In 1980 he nominated both Ruth Bader Ginsburg and Stephen Breyer to the United States Circuit Court. These posts led to the Supreme Court for both Judge Ginsburg and Judge Breyer, when later nominated by President Bill Clinton.

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