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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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8 of the Weirdest Gallup Polls
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Born in Jefferson, Iowa on November 18, 1901, George Gallup studied journalism and psychology, focusing on how to measure readers’ interest in newspaper and magazine content. In 1935, he founded the American Institute of Public Opinion to scientifically measure public opinions on topics such as government spending, criminal justice, and presidential candidates. Although he died in 1984, The Gallup Poll continues his legacy of trying to determine and report the will of the people in an unbiased, independent way. To celebrate his day of birth, we compiled a list of some of the weirdest, funniest Gallup polls over the years.

1. THREE IN FOUR AMERICANS BELIEVE IN THE PARANORMAL (2005)

According to this Gallup poll, 75 percent of Americans have at least one paranormal belief. Specifically, 41 percent believe in extrasensory perception (ESP), 37 percent believe in haunted houses, and 21 percent believe in witches. What about channeling spirits, you might ask? Only 9 percent of Americans believe that it’s possible to channel a spirit so that it takes temporary control of one's body. Interestingly, believing in paranormal phenomena was relatively similar across people of different genders, races, ages, and education levels.

2. ONE IN FIVE AMERICANS THINK THE SUN REVOLVES AROUND THE EARTH (1999)

In this poll, Gallup tried to determine the popularity of heliocentric versus geocentric views. While 79 percent of Americans correctly stated that the Earth revolves around the sun, 18 percent think the sun revolves around the Earth. Three percent chose to remain indifferent, saying they had no opinion either way.

3. 22 PERCENT OF AMERICANS ARE HESITANT TO SUPPORT A MORMON (2011)

Gallup first measured anti-Mormon sentiment back in 1967, and it was still an issue in 2011, a year before Mormon Mitt Romney ran for president. Approximately 22 percent of Americans said they would not vote for a Mormon presidential candidate, even if that candidate belonged to their preferred political party. Strangely, Americans’ bias against Mormons has remained stable since the 1960s, despite decreasing bias against African Americans, Catholics, Jews, and women.

4. MISSISSIPPIANS GO TO CHURCH THE MOST; VERMONTERS THE LEAST (2010)

This 2010 poll amusingly confirms the stereotype that southerners are more religious than the rest of the country. Although 42 percent of all Americans attend church regularly (which Gallup defines as weekly or almost weekly), there are large variations based on geography. For example, 63 percent of people in Mississippi attend church regularly, followed by 58 percent in Alabama and 56 percent in South Carolina, Louisiana, and Utah. Rounding out the lowest levels of church attendance, on the other hand, were Vermont, where 23 percent of residents attend church regularly, New Hampshire, at 26 percent, and Maine at 27 percent.

5. ONE IN FOUR AMERICANS DON’T KNOW WHICH COUNTRY AMERICA GAINED INDEPENDENCE FROM (1999)

Although 76 percent of Americans knew that the United States gained independence from Great Britain as a result of the Revolutionary War, 24 percent weren’t so sure. Two percent thought the correct answer was France, 3 percent said a different country (such as Mexico, China, or Russia), and 19 percent had no opinion. Certain groups of people who consider themselves patriotic, including men, older people, and white people (according to Gallup polls), were more likely to know that America gained its independence from Great Britain.

6. ONE THIRD OF AMERICANS BELIEVE IN GHOSTS (2000)

This Halloween-themed Gallup poll asked Americans about their habits and behavior on the last day of October. Predictably, two-thirds of Americans reported that someone in their house planned to give candy to trick-or-treaters and more than three-quarters of parents with kids reported that their kids would wear a costume. More surprisingly, 31 percent of American adults claimed to believe in ghosts, an increase from 1978, when only 11 percent of American adults admitted to a belief in ghosts.

7. 5 PERCENT OF WORKING MILLENNIALS THRIVE IN ALL FIVE ELEMENTS OF WELL-BEING (2016)

This recent Gallup poll is funny in a sad way, as it sheds light on the tragicomic life of a millennial. In this poll, well-being is defined as having purpose, social support, manageable finances, a strong community, and good physical health. Sadly, only 5 percent of working millennials—defined as people born between 1980 and 1996—were thriving in these five indicators of well-being. To counter this lack of well-being, Gallup’s report recommends that managers promote work-life balance and improve their communication with millennial employees.

8. THE WORLD IS BECOMING SLIGHTLY MORE NEGATIVE (2014)

If you seem to feel more stress, sadness, anxiety, and pain than ever before, Gallup has the proof that it’s not all in your head. According to the company’s worldwide negative experience index, negative feelings such as stress, sadness, and anger have increased since 2007. Unsurprisingly, people living in war-torn, dangerous parts of the word—Iraq, Iran, Egypt, Syria, and Sierra Leone—reported the highest levels of negative emotions.

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11 Times Mickey Mouse Was Banned
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Despite being one of the world’s most recognizable and beloved characters, it hasn’t always been smooth sailing for Mickey Mouse, who turns 89 years old today. A number of countries—and even U.S. states—have banned the cartoon rodent at one time or another for reasons both big and small.

1. In 1930, Ohio banned a cartoon called “The Shindig” because Clarabelle Cow was shown reading Three Weeks by Elinor Glyn, the premier romance novelist of the time. Check it out (1:05) and let us know if you’re scandalized:

2. With movies on 10-foot screen being a relatively new thing in Romania in 1935, the government decided to ban Mickey Mouse, concerned that children would be terrified of a monstrous rodent.

3. In 1929, a German censor banned a Mickey Mouse short called “The Barnyard Battle.” The reason? An army of cats wearing pickelhauben, the pointed helmets worn by German military in the 19th and 20th centuries: "The wearing of German military helmets by an army of cats which oppose a militia of mice is offensive to national dignity. Permission to exhibit this production in Germany is refused.”

4. The German dislike for Mickey Mouse continued into the mid-'30s, with one German newspaper wondering why such a small and dirty animal would be idolized by children across the world: "Mickey Mouse is the most miserable ideal ever revealed ... Healthy emotions tell every independent young man and every honorable youth that the dirty and filth-covered vermin, the greatest bacteria carrier in the animal kingdom, cannot be the ideal type of animal.” Mickey was originally banned from Nazi Germany, but eventually the mouse's popularity won out.

5. In 2014, Iran's Organization for Supporting Manufacturers and Consumers announced a ban on school supplies and stationery products featuring “demoralizing images,” including that of Disney characters such as Mickey Mouse, Winnie the Pooh, Sleeping Beauty, and characters from Toy Story.

6. In 1954, East Germany banned Mickey Mouse comics, claiming that Mickey was an “anti-Red rebel.”

7. In 1937, a Mickey Mouse adventure was so similar to real events in Yugoslavia that the comic strip was banned. State police say the comic strip depicted a “Puritan-like revolt” that was a danger to the “Boy King,” Peter II of Yugoslavia, who was just 14 at the time. A journalist who wrote about the ban was consequently escorted out of the country.

8. Though Mussolini banned many cartoons and American influences from Italy in 1938, Mickey Mouse flew under the radar. It’s been said that Mussolini’s children were such Mickey Mouse fans that they were able to convince him to keep the rodent around.

9. Mickey and his friends were banned from the 1988 Seoul Olympics in a roundabout way. As they do with many major sporting events, including the Super Bowl, Disney had contacted American favorites to win in each event to ask them to say the famous “I’m going to Disneyland!” line if they won. When American swimmer Matt Biondi won the 100-meter freestyle, he dutifully complied with the request. After a complaint from the East Germans, the tape was pulled and given to the International Olympic Committee.

10. In 1993, Mickey was banned from a place he shouldn't have been in the first place: Seattle liquor stores. As a wonderful opening sentence from the Associated Press explained, "Mickey Mouse, the Easter Bunny and teddy bears have no business selling booze, the Washington State Liquor Control Board has decided." A handful of stores had painted Mickey and other characters as part of a promotion. A Disney VP said Mickey was "a nondrinker."

11. Let's end with another strike against The Shindig (see #1) and Clarabelle’s bulging udder. Less than a year after the Shindig ban, the Motion Picture Producers and Directors of America announced that they had received a massive number of complaints about the engorged cow udders in various Mickey Mouse cartoons.

From then on, according to a 1931 article in Time magazine, “Cows in Mickey Mouse ... pictures in the future will have small or invisible udders quite unlike the gargantuan organ whose antics of late have shocked some and convulsed others. In a recent picture the udder, besides flying violently to left and right or stretching far out behind when the cow was in motion, heaved with its panting with the cow stood still.”

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