Why did Reagan nominate, to the Supreme Court, a candidate involved in Nixon's coverup of Watergate, when he could have found an ideologically-similar candidate without the baggage?

by [deleted]
1RehnquistyBoi

Lets try this again.

This is the perfect question.

Here's a quick backstory on said judge before his nomination.

The Judge that is being referring to is Robert Heron Bork, graduate from the University of Chicago (BA and JD), one of the Founding Fathers of the Federalist Society, Federal Judge of the D.C. Circuit with RBG (Rest in Peace), Ken Starr, and Scalia. He was the Second Solicitor General under Nixon, temporary Attorney General under Nixon and was Solicitor General under Ford.
He is infamous for his involvement in the Saturday Night Massacre when after firing the Attorney General (AG) and Deputy Attorney General (DAG), Nixon ordered Bork to fire Watergate Special Prosecutor Archibald Cox, which he complied. (Fact: Bork wanted to resign from his position but the former AG and DAG told him to stay for the good of the Justice Department).

Now why did Reagan nominate Bork to the court? It is for one simple reason.

Reagan nominated Bork to push the court to the hard right. Bork was supposed to replace Justice Powell, a Nixon appointee who turned out to be in the middle ideologically. He voted in favor of anti-gay law in Bowers and to uphold the Death Penalty in Gregg yet established Affirmative Action in Bakke and upheld abortion in Roe. Reagan's three previous nominees to the court were to uphold the status quo. O'Connor, before she became a moderate liberal replaced Justice Stewart, a consistently conservative Eisenhower Appointee. Nixon appointee Chief Justice Burger resigned to partake in 200 year anniversary of the Constitution and help create a monument. He was replaced by Justice William Rehnquist, a hard right Nixon appointee with his own baggage as a poll watcher under Goldwater in 1964 and his comments about Plessy as a clerk to Justice Robert Jackson. Judge Scalia took Rehnquist's seat. Then the next year, Powell resigns opening up the swing vote which terrified Democrats because Reagan now had the chance to nominate Bork.

I wouldn't say that Reagan had other nominees that were similar to Bork. With the exception of Scalia, there was few legal minds that were similar to Bork and fewer that were on the Federal Bench. At that time, he was a roaring minority, meaning that he wasn't in the mainstream and was extremely vocal about his jurisprudence, which culminated in his rejection. At the time of his nomination, the Federalist Society had only been around since 1982 and the Nixon/Ford appointees were approaching their sixties. He did have other considerations for the court, however, most were either appointed by Carter, might be considered moderate by Reagan's standards, or had baggage of their own.

For example, after Bork failed, he nominated Judge Douglas Ginsburg (same court but no relation to RBG) who I think personally was a little more moderate but still right. Turns out he had to withdraw his nomination because it came out that he loved to smoke weed with his students while being a professor at Harvard and as a student at Cornell. He wanted to nominate Judge Patrick Higginbotham of the 5th Circuit but decided against it when Democratic Senators DeConcini of Arizona and Senator Bentsen of Texas openly voiced their support for him and the Reagan Administration didn't like that. Bentsen would later go down in history for owning Dan Quayle in the Vice Presidential Debate the next year. Reagan considered Judge William Wilkins from the 4th Circuit but he formerly clerked with segregationist Judge Clement Haynsworth and worked in the senate office of Strom Thurmond, one of the most racist senators of all time.

What also didn't help matters was that the Democrats took back the senate in the 1986 midterms by a large majority setting the stage either for a fight for the seat or a concession to which Reagan did both. After Bork failed, and Ginsburg withdrew, he nominated moderate Anthony Kennedy to the Court and he was confirmed unanimously.

I hope this answers your question. :)

Links:

https://www.pbs.org/wgbh/frontline/film/supreme-revenge/

https://www.britannica.com/biography/Robert-H-Bork

https://www.npr.org/2018/10/21/659279158/a-brief-history-of-nixons-saturday-night-massacre

https://www.supremecourthistory.org/timeline_rehnquist.html

https://www.history.com/news/robert-bork-ronald-reagan-supreme-court-nominations

https://www.hollywoodcemetery.org/justice-lewis-f-powell-jr