Chapter 21: The Guessing Game to Replace Powell (Summer 1986: LX)
......"Bush had an opportunity to make his mark on the Judiciary with the surprise retirement of Lewis F. Powell, Jr., after 14 years on the United States Supreme Court. The debate on whom should the President replace him with was a matter of constant debates and some of these debates raged within the White House; Attorney General Edwin Meese pushed hard for Judge Robert Bork of the United States Court of Appeals for the District of Columbia Circuit, to earn the appointment. Bush seemed warming up to the idea until he received strong pushback from former Vice President Brooke and White House Chief of Staff Donald Regan including Treasury Secretary James Baker, especially Baker, who was grimly watching the President's approval ratings taking a huge plunge downward following explosive revelations of top officials of the White House National Security Council taking secret trips to Nicaragua including more revelations that the administration was selling military arms and spare parts to the Contra forces fighting the communist government of Nicaraguan President Daniel Ortega.
Baker also noted that Bork's writings would be publicly controversial, and that the Senate Democrats on the Judiciary Committee were licking their chops at a chance of payback against Republicans, who successfully derailed Fortas' appointment to the Supreme Court in 1968, and that Bork was easier to paint as "The Saturday Night Hatchet Man", who viciously purged the entire Department of Justice on the behalf of Nixon.
Meese was dismayed and disappointed that Bush was talked out of appointing Bork once Brooke was lobbying the President, and Regan instead urged consideration of a figure who could "help" this Fall, as the 1986 Midterms were barreling ahead. Ginsburg was the first choice, but he backed out once revelations about him "experimenting with marijuana smoking" were revealed. Bush's instinct was to tap Anthony Kennedy, or even Juan Torruella, who would make history as the first Puerto Rican American on the Supreme Court. Bush interviewed both Kennedy and Torruella at the White House in the time after regular Cabinet meetings to keep his deliberations quiet and spoke with Torruella again by telephone, mulling the momentous choice, completely aware of his sagging approval ratings and debating the best alternative route forward would be......"
-The Presidential Gauntlet: Presidents and Judicial Nominations of the 20th Century
Baker also noted that Bork's writings would be publicly controversial, and that the Senate Democrats on the Judiciary Committee were licking their chops at a chance of payback against Republicans, who successfully derailed Fortas' appointment to the Supreme Court in 1968, and that Bork was easier to paint as "The Saturday Night Hatchet Man", who viciously purged the entire Department of Justice on the behalf of Nixon.
Meese was dismayed and disappointed that Bush was talked out of appointing Bork once Brooke was lobbying the President, and Regan instead urged consideration of a figure who could "help" this Fall, as the 1986 Midterms were barreling ahead. Ginsburg was the first choice, but he backed out once revelations about him "experimenting with marijuana smoking" were revealed. Bush's instinct was to tap Anthony Kennedy, or even Juan Torruella, who would make history as the first Puerto Rican American on the Supreme Court. Bush interviewed both Kennedy and Torruella at the White House in the time after regular Cabinet meetings to keep his deliberations quiet and spoke with Torruella again by telephone, mulling the momentous choice, completely aware of his sagging approval ratings and debating the best alternative route forward would be......"
-The Presidential Gauntlet: Presidents and Judicial Nominations of the 20th Century