CLOSE
Original image

8 Rejected Supreme Court Justices

Original image

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.
* * * * *

Original image
Little Baby's Ice Cream
arrow
Food
Pizza and Cricket Cake Are Just Some of the Odd Flavors You'll Find at This Philadelphia Ice Cream Shop
Original image
Little Baby's Ice Cream

Ice cream flavors can get pretty out-there, thanks to the growing number of creative scoop shops willing to take risks and broaden their customers’ horizons beyond chocolate, vanilla, and strawberry. Intrepid foodies can cool off with frozen treats that taste like horseradish, foie gras, and avocado, while Philadelphia's Little Baby’s Ice Cream is pushing the boundaries of taste with chilly offerings like everything bagel, Maryland BBQ, ranch, and cricket cake.

Cricket-flavored ice cream, created by Philadelphia-based Little Baby's Ice Cream
Little Baby's Ice Cream

Everything Bagel-flavored ice cream, created by Philadelphia-based Little Baby's Ice Cream
Little Baby's Ice Cream

As Lonely Planet News reports, Little Baby’s Ice Cream launched its first signature “oddball” ice cream—Earl Grey sriracha—in 2011. Since then, its rotating menu has only gotten quirkier. In addition to the aforementioned flavors, customers who swing by Little Baby’s this summer can even try pizza ice cream.

The store created the savory flavor in 2011, to celebrate neighborhood eatery Pizza Brain’s inclusion into Guinness World Records for its vast collection of pizza memorabilia. The savory, Italian-esque snack is made from ingredients like tomato, basil, oregano, salt, and garlic—and yes, it actually tastes like pizza, Little Baby’s co-owner Pete Angevine told Lonely Planet News.

Pizza-flavored ice cream, made by Philadelphia-based Little Baby's Ice Cream
Little Baby's Ice Cream

“Frequently, folks will see it on the menu and be incredulous, then be convinced to taste it, giggle, talk about how surprised they are that it really tastes just like pizza … and then order something else,” Angevine said. “That’s just fine. Just as often though, they’ll end up getting a pizza milkshake!”

Little Baby’s flagship location is in Philadelphia's East Kensington neighborhood, but customers can also sample their unconventional goods at additional outposts in West Philadelphia, Baltimore, and a pop-up stand in Washington, D.C.’s Union Market. Just make sure to bring along a sense of adventure, and to leave your preconceived notions of what ice cream should taste like at home.

[h/t Lonely Planet]

Original image
Warby Parker
arrow
Space
Warby Parker Is Giving Away Free Eclipse Glasses in August
Original image
Warby Parker

When this year’s rare “all-American” total solar eclipse comes around on August 21, you’ll want to be prepared. Whether you’re chasing the eclipse to Kentucky or viewing it from your backyard, you’ll need a way to watch it safely. That means an eclipse filter over your telescope, or specially designed eclipse glasses.

For the latter, you can just show up at your nearest Warby Parker, and their eye experts will hand over a pair of eclipse glasses. The stores are giving out the free eye protectors throughout August. The company’s Nashville store is also having an eclipse party to view the celestial event on the day-of.

Get your glasses early, because you don’t want to miss out on this eclipse, which will cross the continental U.S. from Oregon to South Carolina. There are only so many total solar eclipses you’ll get to see in your lifetime, after all.

SECTIONS

More from mental floss studios