The Supremes

Cast & Credits
President Bartlett: Martin Sheen
VP John Hoynes: Tim Matheson
CJ Cregg: Allison Janey
Leo McGarry: John Spencer
Josh Lyman: Brad Whitford

Directed By Aaron Sorkin.

Running Time: 42 Minutes.

BY STEPHEN LEE /March 24, 2004

Owen Brady, the most conservative member of the Supreme Court, has died, and the Senate is requesting a 'short list' of potential nominees from the President as part of the 'blue-slip' tradition of. senatorial courtesy. President Josiah Bartlett could try nominating an activist judge, but a Republican-controlled Senate would fight any liberal nominee and delay confirmation for months and possibly years. Bartlett could sidestep the Senate by using the presidential recess-appointment power, but that would probably just delay the debate.

And so Evelyn Baker-Lang, an extremely liberal activist federal judge from the 5th Circuit, is brought in for an interview by the President's senior staff as a distraction to appease liberals and frighten conservatives in the Senate and make confirmation of their real choice, moderate Judge Brad Shelton, easier.

At her interview with Deputy Chief of Staff Josh Lyman and Communications Director Toby Ziegler, Baker-Lang's qualifications and obvious intelligence are impressive; however, she is still considered an impossible choice due to her liberal activist views and the fact that she had an abortion while in law school. Press Secretary C.J. Cregg argues Baker-Lang should not be used as a decoy for Shelton, but President Bartlett reacts angrily to the fact that Baker-Lang has been removed from the list due to "legal activity" and demands her name be reinstated in spite of the controversy and conflict she will cause in the Senate.

Four nominations to the Supreme Court in the 20th century stand out as particularly vehement battlegrounds between the President and the Senate.

The first controversial nomination was President Wilson's appointment of Louis Brandeis, who is widely considered one of the greatest justices in history. Brandeis, a prominent Boston lawyer who was aligned with liberal social causes, was viewed with suspicion by Senate Republicans for both his political views and for being Jewish. Debate over his nomination went on for months, but the Senate ultimately confirmed his nomination 47-22 (with 27 senators abstaining).

The second controversial appointment involved two failed nominations by President Nixon. Nixon nominated Clement Haynsworth Jr., who had questionable financial improprieties and was rejected by the senate along party lines 55 to 45. Nixon's second nominee was G. Harold Carswell, who was widely considered completely unqualified. Senator Roman Hruska, in Carswell's defense, made the famous statement: "Even if he is mediocre there are a lot of mediocre judges and people and lawyers. Mediocre citizens are entitled to a little representation, aren't they?" Carswell was rejected 65 to 35. Nixon's third nominee, Judge Harry Blackmun, was confirmed 94-0, and later went on the write the famous opinion in Roe v. Wade.

Judge Robert Bork's unsuccessful nomination is popularly seen as a turning point for the confirmation process. Bork was accused of being too conservative, and he was rejected 58-42. Reagan then nominated Douglas Ginsburg, who withdrew after his regular use of marijuana became public. Reagan finally nominated moderate Anthony Kennedy, who was confirmed 97 to 0.

And finally there is the nomination of Clarence Thomas in 1992. Thomas, an experienced judge and a leading black conservative, was initially attacked for his politics, his support for the concept of natural law, and then about allegations by a former co-worker, Anita Hill, who claimed Thomas had harassed her. Thomas likened the ensuing controversy attacks in his senate hearings to a "high-tech lynching of an uppity black man." Ultimately, Thomas was confirmed 52-48 in the closest successful vote in the 20th century.

ASSIGNMENT

Look for the following vocabulary words and how they are used during the episode:

SHORT LIST
FILIBUSTER
CONFIRMATION HEARINGS
JUDICIAL COMMITTEE
ACTIVIST JUDGE
STRICT CONSTRUCTIONIST
D.O.M.A.
ROE v WADE
AFFIRMATIVE ACTION
ENUMERATED POWERS

For fun, take the trivia quiz on the episode here: http://www.funtrivia.com/trivia-quiz/Television/The-Supremes-174889.html