< More Exhibits

George H.W. Bush and the Supreme Court

Early in President Bush's Administration, the Supreme Court ruled in Texas v. Johnson that flag burning is protected speech. Because of public outcry against the ruling, President Bush found himself in a difficult position particularly when the author of the flag burning decision, Justice Brennan, announced his retirement. Trying to strike a balance between his conservative base and supporters of the flag burning decision, President Bush nominated David Souter to fill Justice Brennan's vacancy.

Flag Burning Decision Leads to Public Outcry

On July 20, 1990, Supreme Court Associate Justice William Brennan announced his retirement after a thirty-four year career. Although his 1,360 opinions rank second in number only to Justice William O. Douglas's, at the time of his retirement Justice Brennan was best known for one of his last opinions, announced almost exactly one year earlier on June 21, 1989. In Texas v. Johnson, the Court, in a 5-4 decision authored by Brennan, declared a Texas law prohibiting the desecration of the American flag unconstitutional. In the opinion, joined by Justices Thurgood Marshall, Harry Blackmun, Antonin Scalia, and Anthony Kennedy, the court held that flag burning was protected speech under the First Amendment. In addition to declaring the Texas law unconstitutional, the ruling also invalidated prohibitions on flag burning in forty-seven other states. The ruling sparked a massive letter-writing campaign to Congress and the White House demanding a legislative and executive response to the ruling. Justice Brennan's retirement provided the Bush Administration with its first opportunity to nominate a justice; importantly, it was also an opportunity to address the concerns of hundreds of thousands of citizens upset with the flag burning decision.

Related Objects

Bush Makes His First Court Appointment

At the urging of John Sununu, the former Governor of New Hampshire and President Bush's chief of staff, on July 25, 1989, Bush nominated New Hampshire Judge David H. Souter to fill the seat vacated by Justice Brennan. The press quickly dubbed Judge Souter the ,stealth justice, because his professional record provoked little controversy. Likewise, the nomination generated little opposition in the Senate and the Senate Judiciary Committee reported out the nomination by a vote of 14-3. On October 9, 1990, Justice Souter took his seat on the Supreme Court shortly after the full Senate confirmed his nomination by a vote of 90-9. Since his elevation to the Court, Justice Souter has developed a reputation as a protector of tradition, most notably by arguing against the videotaping of oral arguments before the Court.

Related Objects

An Historic Justice Retires

President Bush's second appointment to the Supreme Court proved far more controversial. On June 27, 1991, Justice Thurgood Marshall, the first African-American to serve on the Supreme Court, announced his retirement. Bush quickly announced his intention to nominate Federal Appeals Court Judge Clarence Thomas to fill Justice Marshall's seat. Unfortunately, race and political considerations quickly complicated the nomination process. Supporters of the President characterized the nomination as preserving the existing racial balance on the Court, while opponents noted that Judge Thomas shifted the ideological balance to the right because his conservative views were antithetical to the more liberal views of Justice Marshall.

Related Objects

An Historic Justice is Confirmed

In an effort to address the concerns of his opponents, Judge Thomas met with members of Congress prior to his confirmation hearings which began on September 10, 1991. Although he faced stiff questioning, Thomas's hearing did not generate intense public scrutiny until Anita Hill, his former colleague, testified that he sexually harassed her. After her sensational testimony, Thomas returned to testify in his own defense. Ultimately, the Judiciary Committee could not corroborate Anita Hill's claim and members voted along party lines to send the nomination to the full Senate. The Senate approved the nomination by a 52-48 vote on October 15, 1991, and Thomas was sworn in at a ceremony on the South Lawn of the White House on October 18, 1991.

Related Objects