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8 Rejected Supreme Court Justices

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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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Pop Culture
The Sweet Surprise Reunion Mr. Rogers Never Saw Coming
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Family Communications Inc./Getty Images

For more than 30 years, legendary children’s show host Fred Rogers used his PBS series Mister Rogers’ Neighborhood to educate his young viewers on concepts like empathy, sharing, and grief. As a result, he won just about every television award he was eligible for, some of them many times over.

Rogers was gracious in accepting each, but according to those who were close to the host, one honor in particular stood out. It was March 11, 1999, and Rogers was being inducted into the Television Academy Hall of Fame, an offshoot of the Emmy Awards. Just before being called to the stage, out came a surprise.

The man responsible for the elation on Rogers’s face was Jeff Erlanger, a 29-year-old from Madison, Wisconsin who became a quadriplegic at a young age after undergoing spinal surgery to remove a tumor. Rogers was surprised because Erlanger had appeared on his show nearly 20 years prior in 1980 to help kids understand how people with physical challenges adapt to life’s challenges. Here's his first encounter with the host:

Reunited on stage after two decades, Erlanger referred to the song, “It’s You I Like,” which the two sang during their initial meeting. “On behalf of millions of children and grown-ups,” Erlanger said, “it’s you I like.” The audience, including a visibly moved Candice Bergen, rose to their feet to give both men a standing ovation.

Following Erlanger’s death in 2007, Hedda Sharapan, an employee with Rogers’s production company, called their poignant scene “authentic” and “unscripted,” and that Rogers often pointed to it as his favorite moment from the series.

Near the end of the original segment in 1980, as Erlanger drives his wheelchair off-camera, Rogers waves goodbye and offers a departing message: “I hope you’ll come back to visit again.”

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20 Things You Might Not Have Known About Firefly
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© 2002 Twentieth Century Fox

As any diehard fan will be quick to tell you, Firefly's run was far, far too short. Despite its truncated run, the show still offers a wealth of fun facts and hidden Easter eggs. On the 15th anniversary of the series' premiere, we're looking back at the sci-fi series that kickstarted a Browncoat revolution.

1. A CIVIL WAR NOVEL INSPIRED THE FIREFLY UNIVERSE.

The Pulitzer Prize-winning novel The Killer Angels from author Michael Shaara was Joss Whedon’s inspiration for creating Firefly. It follows Union and Confederate soldiers during four days at the Battle of Gettysburg during the American Civil War. Whedon modeled the series and world on the Reconstruction Era, but set in the future.

2. ORIGINALLY, THE SERENITY CREW INCLUDED JUST FIVE MEMBERS.

When Whedon first developed Firefly, he wanted Serenity to only have five crew members. However, throughout development and casting, Whedon increased the cast from five to nine.

3. REBECCA GAYHEART WAS ORIGINALLY CAST TO PLAY INARA.

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Before Morena Baccarin was cast as Inara Serra, Rebecca Gayheart landed the role—but she was fired after one day of shooting because she lacked chemistry with the rest of the cast. Baccarin was cast two days later and started shooting that day.

4. NEIL PATRICK HARRIS WAS ALMOST DR. SIMON TAM.

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Before it went to Sean Maher, Neil Patrick Harris auditioned for the role of Dr. Simon Tam.

5. JOSS WHEDON WROTE THE THEME SONG.

Whedon wrote the lyrics and music for Firefly’s opening theme song, “The Ballad of Serenity.”

6. STAR WARS SPACECRAFT APPEAR IN FIREFLY.

Star Wars was a big influence on Whedon. Captain Malcolm Reynolds somewhat resembles Han Solo, while Whedon used the Millennium Falcon as inspiration to create Serenity. In fact, you can spot a few spacecraft from George Lucas's magnum opus on the show.

When Inara’s shuttle docks with Serenity in the pilot episode, an Imperial Shuttle can be found flying in the background. In the episode “Shindig,” you can see a Starlight Intruder as the crew lands on the planet Persephone.

7. HAN SOLO FROZEN IN CARBONITE POPS UP THROUGHOUT FIREFLY.

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Nathan Fillion is a big Han Solo fan, so the Firefly prop department made a 12-inch replica of Han Solo encased in Carbonite for the Canadian-born actor. You can see the prop in the background in a number of scenes.

8. ALIEN'S WEYLAND-YUTANI CORPORATION MADE AN APPEARANCE.

In Firefly’s pilot episode, the opening scene features the legendary Battle of Serenity Valley between the Browncoats and The Union of Allied Planets. Captain Malcolm Reynolds takes control of a cannon with a Weyland-Yutani logo inside of its display. Weyland-Yutani is the large conglomerate corporation in the Alien film franchise. (Whedon wrote Alien: Resurrection in 1997.)

9. ZAC EFRON'S ACTING DEBUT WAS ON FIREFLY.

A 13-year-old Zac Efron made his acting debut in the episode “Safe” in 2002. He played Young Simon in a flashback.

10. CAPTAIN MALCOLM REYNOLDS'S HORSE IS A WESTERN TROPE.

At its core, Firefly is a sci-fi western—and Malcolm Reynolds rides the same horse on every planet (it's named Fred).

11. FOX AIRED FIREFLY'S EPISODES OUT OF ORDER.

Fox didn’t feel Firefly’s two-hour pilot episode was strong enough to air as its first episode. Instead, “The Train Job” was broadcast first because it featured more action and excitement. The network continued to cherry-pick episodes based on broad appeal rather than story consistency, and eventually aired the pilot as the show’s final episode.

12. THE ALLIANCE'S ORIGINS ARE AMERICAN AND CHINESE.

The full name of The Alliance is The Anglo-Sino Alliance. Whedon envisioned The Alliance as a merger of American and Chinese government and corporate superpowers. The Union of Allied Planets’ flag is a blending of the American and Chinese national flags.

13. THE SERENITY LOUNGE SERVED AS AN ACTUAL LOUNGE.

Between set-ups and shots, the cast would hang out in the lounge on the Serenity set rather than trailers or green rooms.

14. INARA SERRA'S NAME IS MESOPOTAMIAN.

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Inara Serra is named after the Mesopotamian Hittite goddess, the protector of all wild animals.

15. THE CHARACTERS SWORE (JUST NOT IN ENGLISH).

The Firefly universe is a mixture of American and Chinese culture, which made it easy for writers to get around censors by having characters swear in Chinese.

16. THE UNIFORMS ARE RECYCLED FROM STARSHIP TROOPERS.

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The uniforms for Alliance officers and soldiers were the costumes from the 1997 science fiction film Starship Troopers. The same costumes were repurposed again for the Starship Troopers sequel.

17. "SUMMER!" MEANS SOMEONE MESSED UP.

Every time a cast member flubbed one of his or her lines, they would yell Summer Glau’s name. This was a running gag among the cast after Glau forgot her lines in the episode “Objects In Space.”

18. THE SERENITY SPACESHIP WAS BUILT TO SCALE.

The interior of Serenity was built entirely to scale; rooms and sections were completely contiguous. The ship’s interior was split into two stages, one for the upper deck and one for the lower. Whedon showed off the Firefly set in one long take to open the Serenity movie.

19. "THE MESSAGE" SHOULD HAVE BEEN THE SHOW'S FAREWELL.

Although “The Message” was the twelfth episode, it was the last episode filmed during Firefly’s short run. Composer Greg Edmonson wrote a piece of music for a funeral scene in the episode, which served as a final farewell to the show. Sadly, it was one of three episodes (the other two were “Trash” and “Heart of Gold”) that didn’t air during Firefly’s original broadcast run on Fox.

20. FIREFLY AND SERENITY WERE SENT TO THE INTERNATIONAL SPACE STATION.

American Astronaut Steven Ray Swanson is a big fan of Firefly, so when he was sent to the International Space Station for his first mission (STS-117) in 2007, he brought DVD copies of Firefly and its feature film Serenity aboard with him. The DVDs are now a permanent part of the space station’s library.

This post originally appeared in 2014.

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