Judicial Appointments by President Bush

Judicial Appointments by President Bush

A Brief Overview of President Bush’s Presidential Nominations

An analysis of the judicial nominations made by President W. Bush shows a significant belief of the president in the power of persuasion rather than depending on the expertise of institutions (Wroe, 2009). The total disregard of the American Bar Association (ABA) role in the process shows that the President was more comfortable nominating judges who would be loyal and easy to persuade. Apparently Bush was avoiding delays that could have been caused by liberal judges when it came to implementing the policies of his administration. Bush used the same strategy that had been used by President Regan who had a reputation of being highly conservative and nominating conservative judges to the judiciary (Biskupic, 2008). The role of the judiciary is the interpretation of the American constitution and a president would only risk having his policies rejected when he has judges with different ideologies in his judiciary (Ward, 2005). President Bush failed to involve the ABA, because such a move could have delayed the process and perhaps limiting the president to judges that he did not prefer. However, President Bush decided to consult with lawyers who had been on Regan’s conservative team to provide the professional advice with regard to the nominations. President Bush might have been very certain that he would run for a second term and win. The President was therefore determined to leave a long term legacy by nominating judges to the judiciary who would have an influence even after the end of his second term. Judges like “Antonin Scalia, 72, and Anthony Kennedy, 71” (Biskupic, 2008) appointed by Regan are still going strong ensuring that the legacy of President Regan will be there for a long time. President Bush’s objective seemed to be the same as Regan’s in terms of leaving a lasting legacy in the American judicial system and consequently judicial ideologies.

References

Biskupic, J. (2008, March 14). Bush 's Conservatism to Live Long in the U.S. Courts. Retrieved February 6, 2011, from USA Today: http://www.usatoday.com/news/washington/2008-03-13-judges_N.htm

Ward, K. D. & Rodriguez, C. (Eds.). (2005). The Judiciary and American Democracy: Alexander Bickel, the Contermajoritan Difficulty and the Contemporary Constitutional Theory. New York: New York State University Press.

Wroe, A. & Herbert, J. (Eds.). (2009). Assessing the George W. Bush Presidency: A Tale of Two Terms. Edinburgh: Edinburgh University Press.

References: Biskupic, J. (2008, March 14). Bush 's Conservatism to Live Long in the U.S. Courts. Retrieved February 6, 2011, from USA Today: http://www.usatoday.com/news/washington/2008-03-13-judges_N.htm Ward, K. D. & Rodriguez, C. (Eds.). (2005). The Judiciary and American Democracy: Alexander Bickel, the Contermajoritan Difficulty and the Contemporary Constitutional Theory. New York: New York State University Press. Wroe, A. & Herbert, J. (Eds.). (2009). Assessing the George W. Bush Presidency: A Tale of Two Terms. Edinburgh: Edinburgh University Press.