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8 Rejected Supreme Court Justices

With the Supreme Court ending its 2007-08 term, we thought this week was a good time to answer some questions you probably weren't asking (but will nonetheless find interesting). All week, the honorable David Holzel will be presiding.

Who are the coulda-been nominees?
Since George Washington nominated the first batch of justices, the Senate has confirmed all but 34 of 156 nominations. (Washington, first in everything, is the president with the most nominations confirmed "“ 12, two of whom declined to serve. But even he had two rejected. John Tyler holds the record as the president with the most nominations rejected "“ 8.)

In our time, the most famous rejected nominee is Robert H. Bork, a legal scholar and U.S. Court of Appeals judge with a long paper trail of conservative opinions. Nominated by President Ronald Reagan in 1987, Bork could have tilted the Court decisively to the right. As a known quantity, he was an easy target for liberal opponents, who organized a campaign against him. He was rejected by the Senate Judiciary Committee after 12 days of hearings.

"Oh degraded Country! How humiliating to the friends of moral virtue "“ of religion and of all that is dear to the lover of his Country!" the New-York Gazette Advertiser wailed over President James Madison's nomination of Alexander Wolcott, in 1811. "Wolcott's strong enforcement of the controversial embargo and non-intercourse acts while a U.S. collector of customs had cost him support in the press and the Senate. His qualifications for becoming a justice also were questioned," according to the CRS Report for Congress. The Senate turned him down by a 9-24 vote, the widest rejection in Supreme Court history.

225px-Roger_Taney.jpgRoger B. Taney (pronounced tawny) is largely remembered as the chief justice who handed down the Dred Scott decision in 1857. With his sepulchral countenance, Taney is inextricably linked to the grim ruling that all blacks -- slaves as well as free -- were not and could never become citizens of the United States. But when President Andrew Jackson nominated him in 1835 as associate justice, opposition Whigs were still smarting from Taney's removing government deposits from the Second Bank of the United States, while a recess-appointed secretary of the treasury. The Senate voted to indefinitely postpone the nomination. But after Chief Justice John Marshall died in 1836, Jackson sent Taney's name up again. He was confirmed, this time as chief justice.

You might think the Senate just couldn't stomach elevating to the highest court in the land a man with the name Ebenezer Hoar. But it seems the senators were offended by something other than aesthetics. As President Ulysses S. Grant's attorney general, Hoar had insisted on rewarding merit rather than political loyalty, thus blocking a well trod route for patronage. So when Grant nominated Hoar to the Court in 1869, miffed Republican senators gave the virtuous Hoar thumbs down.

A senator has the right to reject a court nomination simply because the nominee is from the senator's home state. Upon this invocation of "senatorial courtesy" rests the demise of Wheeler Hazard Peckham and William B. Hornblower. Both men were nominated by President Grover Cleveland. Both nominees were New Yorkers, and New York Sen. David Hill invoked senatorial courtesy to squelch their nominations in 1894. (Peckham's brother, Rufus Wheeler Peckham, became a justice in 1896.)

douglas-ginsberg.jpgSome nominees withdrew themselves from consideration before they could be rejected. Such was the case of Harriet Miers, whom President George W. Bush nominated in 2005, but withdrew under criticism that she was unqualified. Another withdrawal was that of Douglas Ginsburg (pictured, and not related to current justice Ruth Bader Ginsberg), the conservative, former pot-smoking federal appellate judge who is a footnote in the Bork saga. After Bork was Borked, Reagan mooted the more moderate Anthony Kennedy for the seat. But Sen. Jesse Helms (R-N.C.) threatened a filibuster. So Reagan turned right again and proposed Ginsburg. Embarrassingly, there was no getting around the revelation that Ginsburg had inhaled. Ginsburg withdrew himself from consideration, Reagan put forward Kennedy and the Senate, eager to move on, easily confirmed him.

Yesterday: What was Marbury v. Madison? And who were Roe & Wade?

David Holzel is a freelance writer who writes the ezine The Jewish Angle.
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10 Things We Know About The Handmaid’s Tale Season 2
Hulu
Hulu

Though Hulu has been producing original content for more than five years now, 2017 turned out to be a banner year for the streaming network with the debut of The Handmaid’s Tale on April 26, 2017. The dystopian drama, based on Margaret Atwood’s 1985 book, imagines a future in which a theocratic regime known as Gilead has taken over the United States and enslaved fertile women so that the group’s most powerful couples can procreate.

If it all sounds rather bleak, that’s because it is—but it’s also one of the most impressive new series to arrive in years (as evidenced by the slew of awards it has won, including eight Emmy and two Golden Globe Awards). Fortunately, fans left wanting more don’t have that much longer to wait, as season two will premiere on Hulu in April. In the meantime, here’s everything we know about The Handmaid’s Tale’s second season.

1. IT WILL PREMIERE WITH TWO EPISODES.

When The Handmaid’s Tale returns on April 25, 2018, Hulu will release the first two of its 13 new episodes on premiere night, then drop another new episode every Wednesday.

2. MARGARET ATWOOD WILL CONTINUE TO HELP SHAPE THE NARRATIVE.

Fans of Atwood’s novel who didn’t like that season one went beyond the original source material are in for some more disappointment in season two, as the narrative will again go beyond the scope of what Atwood covered. But creator/showrunner Bruce Miller doesn’t necessarily agree with the criticism they received in season one.

“People talk about how we're beyond the book, but we're not really," Miller told Newsweek. "The book starts, then jumps 200 years with an academic discussion at the end of it, about what's happened in those intervening 200 years. We're not going beyond the novel. We're just covering territory [Atwood] covered quickly, a bit more slowly.”

Even more importantly, Miller's got Atwood on his side. The author serves as a consulting producer on the show, and the title isn’t an honorary one. For Miller, Atwood’s input is essential to shaping the show, particularly as it veers off into new territories. And they were already thinking about season two while shooting season one. “Margaret and I had started to talk about the shape of season two halfway through the first [season],” he told Entertainment Weekly.

In fact, Miller said that when he first began working on the show, he sketched out a full 10 seasons worth of storylines. “That’s what you have to do when you’re taking on a project like this,” he said.

3. MOTHERHOOD WILL BE A CENTRAL THEME.

As with season one, motherhood is a key theme in the series. And June/Offred’s pregnancy will be one of the main plotlines. “So much of [Season 2] is about motherhood,” Elisabeth Moss said during the Television Critics Association press tour. “Bruce and I always talked about the impending birth of this child that’s growing inside her as a bit of a ticking time bomb, and the complications of that are really wonderful to explore. It’s a wonderful thing to have a baby, but she’s having it potentially in this world that she may not want to bring it into. And then, you know, if she does have the baby, the baby gets taken away from her and she can’t be its mother. So, obviously, it’s very complicated and makes for good drama. But, it’s a very big part of this season, and it gets bigger and bigger as the show goes on.”

4. THE RESISTANCE IS COMING.

Just because June is pregnant, don’t expect her to sit on the sidelines as the resistance to Gilead continues. “There is more than one way to resist," Moss said. “There is resistance within [June], and that is a big part of this season.”

5. WE’LL GET TO SEE THE COLONIES.

A scene from 'The Handmaid's Tale'
Hulu

Miller, understandably, isn’t eager to share too many details about the new season. “I’m not being cagey!” he swore to Entertainment Weekly. “I just want the viewers to experience it for themselves!” What he did confirm is that the new season will bring us to the colonies—reportedly in episode two—and show what life is like for those who have been sent there.

It will also delve further into what life is like for the refugees who managed to escape Gilead, like Luke and Moira.

6. MARISA TOMEI WILL APPEAR IN AN EPISODE.

Though she won’t be a regular cast member, Miller recently announced that Oscar winner Marisa Tomei will make a guest appearance in the new season’s second episode. Yes, the one that will show us the Colonies. In fact, that’s where we’ll meet her; Tomei is playing the wife of a Commander.

7. WE’LL LEARN MORE ABOUT THE ORIGINS OF GILEAD.

As a group shrouded in secrecy, we still don’t know much about how and where Gilead began. That will change a bit in season two. When discussing some of the questions viewers will have answered, executive producer Warren Littlefield promised that, "How did Gilead come about? How did this happen?” would be two of them. “We get to follow the historical creation of this world,” he said.

8. THERE WILL BE AT LEAST ONE HANDMAID FUNERAL.

A scene from 'The Handmaid's Tale'
Hulu

While Miller wouldn’t talk about who the handmaids are mourning in a teaser shot from season two that shows a handmaid’s funeral, he was excited to talk about creating the look for the scene. “Everything from the design of their costumes to the way they look is so chilling,” Miller told Entertainment Weekly. “These scenes that are so beautiful, while set in such a terrible place, provide the kind of contrast that makes me happy.”

9. ELISABETH MOSS SAYS THE TONE WILL BE DARKER.

Like season one, Miller says that The Handmaid’s Tale's second season will again balance its darker, dystopian themes with glimpses of hopefulness. “I think the first season had very difficult things, and very hopeful things, and I think this season is exactly the same way,” he told the Los Angeles Times. “There come some surprising moments of real hope and victory, and strength, that come from surprising places.”

Moss, however, has a different opinion. “It's a dark season,” she told reporters at TCA. “I would say arguably it's darker than Season 1—if that's possible.”

10. IT WILL ALSO BE BLOODIER.

A scene from 'The Handmaid's Tale'
Hulu

When pressed about how the teaser images for the new season seemed to feature a lot of blood, Miller conceded: “Oh gosh, yeah. There may be a little more blood this season.”

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NUS Environmental Research Institute, Subnero
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Researchers in Singapore Deploy Robot Swans to Test Water Quality
NUS Environmental Research Institute, Subnero
NUS Environmental Research Institute, Subnero

There's something peculiar about the new swans floating around reservoirs in Singapore. They drift across the water like normal birds, but upon closer inspection, onlookers will find they're not birds at all: They're cleverly disguised robots designed to test the quality of the city's water.

As Dezeen reports, the high-tech waterfowl, dubbed NUSwan (New Smart Water Assessment Network), are the work of researchers at the National University of Singapore [PDF]. The team invented the devices as a way to tackle the challenges of maintaining an urban water source. "Water bodies are exposed to varying sources of pollutants from urban run-offs and industries," they write in a statement. "Several methods and protocols in monitoring pollutants are already in place. However, the boundaries of extensive assessment for the water bodies are limited by labor intensive and resource exhaustive methods."

By building water assessment technology into a plastic swan, they're able to analyze the quality of the reservoirs cheaply and discreetly. Sensors on the robots' undersides measure factors like dissolved oxygen and chlorophyll levels. The swans wirelessly transmit whatever data they collect to the command center on land, and based on what they send, human pilots can remotely tweak the robots' performance in real time. The hope is that the simple, adaptable technology will allow researchers to take smarter samples and better understand the impact of the reservoir's micro-ecosystem on water quality.

Man placing robotic swan in water.
NUS Environmental Research Institute, Subnero

This isn't the first time humans have used robots disguised as animals as tools for studying nature. Check out this clip from the BBC series Spy in the Wild for an idea of just how realistic these robots can get.

[h/t Dezeen]

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