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Almost (Really) Famous: 9 Former Supreme Court Candidates

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If she's confirmed, Solicitor General Elena Kagan would become the fourth woman to sit on the Supreme Court. If not, at least she'll earn a spot on a future version of this list—candidates who were almost appointed to the highest court in the land.

1. "¨Dallin H. Oaks

After suffering a debilitating stroke, William O. Douglas reluctantly retired from the Supreme Court in 1975. Douglas, who was in office for 36 years, was determined to outlast Gerald Ford's presidential term after Ford had unsuccessfully attempted to impeach Douglas while serving as House Minority Leader five years earlier. While Ford selected Seventh Circuit judge John Paul Stevens to replace Douglas, he considered several other candidates, including Brigham Young University president Dallin H. Oaks.


Six years later, while serving as a Utah Supreme Court Justice, Oaks was a candidate for the Supreme Court vacancy that Sandra Day O'Connor eventually filled. In 1984, Oaks retired from the Utah Supreme Court to pursue a higher calling and was ordained a member of the Quorum of the Twelve Apostles of the Church of Jesus Christ of Latter-day Saints. Today, Oaks is the fifth most senior apostle among the ranks of the LDS church."¨

2. Robert H. Bork"¨

Ronald Reagan elevated William Rehnquist to Chief Justice following Warren Burger's retirement in 1986 and considered two judges—Robert Bork and Antonin Scalia—to fill the Associate Justice vacancy created by Rehnquist's promotion. While Reagan chose the younger Scalia this time, he would nominate Bork to fill the vacancy left by Lewis Powell, who retired one year later. Democrats had threatened to put up a fight if Reagan nominated a conservative to replace the moderate Powell and Bork, a judge for the United States Court of Appeals for the District of Columbia, was an easy target. He had close ties to Richard Nixon, having fired Watergate Special Prosecutor Archibald Cox at Nixon's request while serving as United States Solicitor General in 1973. Shortly after Bork was nominated, Sen. Ted Kennedy condemned him during a nationally televised speech. "Bork's rigid ideology will tip the scales of justice against the kind of country America is and ought to be," Kennedy said. While many Democrats would admit that Kennedy's criticism of Bork was over the top, the damage had been done. The Senate rejected Bork's confirmation, 58-42.

After Bork was rejected, Reagan planned to nominate Douglas Ginsburg, but Ginsburg withdrew his name from consideration after it was revealed that he had smoked marijuana with his students while he was a professor at Harvard Law School. Reagan ultimately chose Ninth Circuit judge Anthony Kennedy.

3. Edith H. Jones

After a stroke led William Brennan to announce his retirement in 1990, George H.W. Bush moved quickly to nominate a replacement. John Sununu, the White House chief of staff, helped Bush narrow a list of about a dozen candidates down to two: First Circuit judge David Souter and Fifth Circuit judge Edith H. Jones. Less than a week after the news broke that Brennan was stepping down, Bush nominated Souter. "Reading between the lines, and that's all it is, maybe we're talking about a sequence here," Sununu said of Jones after the decision was announced. "Maybe she is the choice the next time we have a vacancy on the Court. There are no sure things, and times and conditions can change, but the President was impressed." Jones, who was later considered for a Supreme Court vacancy by George W. Bush, is currently the Chief Judge of the Court of Appeals for the Fifth Circuit."¨

4. Emilio M. Garza"¨

Like William O. Douglas, liberal Thurgood Marshall, the first African-American to serve on the Supreme Court, had no plans of leaving the bench while a conservative was in office. But Marshall was becoming increasingly ill and announced his retirement in 1991, two years before he died of a heart failure, while George H.W. Bush was in the White House. A number of candidates were reportedly considered for the vacancy, including Solicitor General Kenneth Starr, Clarence Thomas, and Garza, who was a recently appointed Fifth Circuit judge. Due to concerns over Garza's inexperience—he had only been on the Fifth Circuit for a few weeks—and a desire to replace Marshall with a black conservative, Bush chose Thomas.

5. Mario Cuomo"¨

Byron White, who was an All-American running back at Colorado before attending Yale and being appointed to the Supreme Court in 1962, retired from office in 1993. Bill Clinton wanted to offer the position to New York Governor Mario Cuomo, the only person he mentioned as a potential replacement during his 1992 campaign. While he initially seemed open to the idea, Cuomo later sent a letter to Clinton indicating that he was not interested in the position. "I do not know whether you might indeed have nominated me, but because there has been public speculation concerning the possibility, I think I owe it to you to make clear now that I do not wish to be considered," Cuomo wrote. After Cuomo declined, Clinton considered several other candidates, including Sen. George J. Mitchell and Secretary of the Interior Bruce Babbitt, before ultimately nominating Columbia law professor and judge for the Court of Appeals for the D.C. Circuit Ruth Bader Ginsburg."¨

6. Richard Arnold

"¨Harry Blackmun announced his retirement in 1994 and Clinton was prepared to offer the nomination to Mitchell, who had turned down the offer the previous year to remain in the Senate. Clinton also considered Eighth Circuit judge Richard S. Arnold, a fellow Arkansas native, but he had reservations about Arnold's health. Arnold had been diagnosed with low-grade non-Hodgkin's lymphoma nearly 20 years earlier. Clinton eventually chose First Circuit judge Stephen Breyer, who had interviewed with Clinton for the vacancy left by White in 1993, but failed to impress, perhaps as a result of the pain he was in after being hit by a car while biking a few days earlier. Arnold died from an infection related to his treatment in 2004."¨

7. Edith Brown Clement"¨

When Sandra Day O'Connor announced her plans to retire in 2005, it left George W. Bush with his first opportunity after more than four years in office to nominate a member of the Supreme Court. First Lady Laura Bush suggested that a woman should replace O'Connor and two female judges from the U.S. Court of Appeals—Edith Brown Clement and Edith Jones (see #3)—were reportedly among the leading candidates. Clement soon emerged as the rumored choice, but after ABC News published a story on its website that Clement was not Bush's pick, the attention turned to the candidate who had become known as the "Other Edith." Bush, of course, selected John G. Roberts, a judge on the D.C. Circuit Court of Appeals, instead. Clement continues to serve as a Fifth Circuit judge."¨

8. Harriet Miers"¨

When Chief Justice William H. Rehnquist died in September 2005, Roberts's confirmation was still pending. Bush withdrew and then resubmitted Roberts's nomination, this time for Chief Justice, leaving O'Connor's seat vacant once again. Bush nominated a woman, his close friend Harriet Miers, but the choice sparked unprecedented criticism from both parties. Robert Bork called the nomination "a disaster on every level." Miers, the White House Counsel who had previously served as Bush's private attorney, lacked judicial experience and her position on key issues was largely unknown. Facing heated criticism, Bush eventually accepted Miers's request to withdraw her nomination and chose Third Circuit judge Samuel Alito as O'Connor's replacement.

9. Janet Napolitano

"¨The short list of Barack Obama's candidates to replace David Souter when Souter announced his plans to retire at the end of the Supreme Court's term in 2009 included Seventh Circuit judge Pamela Wood, future nominee Kagan, and the eventual nominee, Second Circuit judge Sonia Sotomayor. Homeland Security Secretary Janet Napolitano was also among the candidates who met with Obama and Vice President Joe Biden before a decision was made. Had Napolitano been nominated and confirmed, she would have served alongside Clarence Thomas. In 1991, Napolitano represented Anita Hill, who had accused Thomas of sexual harassment, during the Senate Judiciary Committee's hearing on the matter.

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40 Fun Facts About Sesame Street
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Now in its 47th season, Sesame Street is one of television's most iconic programs—and it's not just for kids. We're big fans of the Street, and to prove it, here are some of our favorite Sesame facts from previous stories and our Amazing Fact Generator.

Sesame Workshop

1. Oscar the Grouch used to be orange. Jim Henson decided to make him green before season two.

2. How did Oscar explain the color change? He said he went on vacation to the very damp Swamp Mushy Muddy and turned green overnight.

3. During a 2004 episode, Cookie Monster said that before he started eating cookies, his name was Sid.

4. In 1980, C-3PO and R2-D2 visited Sesame Street. They played games, sang songs, and R2-D2 fell in love with a fire hydrant.

5. Mr. Snuffleupagus has a first name—Aloysius

6. Ralph Nader stopped by in 1988 and sang "a consumer advocate is a person in your neighborhood."

7. Caroll Spinney said he based Oscar's voice on a cab driver from the Bronx who brought him to the audition.

8. In 1970, Ernie reached #16 on the Billboard Hot 100 with the timeless hit "Rubber Duckie."

9. One of Count von Count's lady friends is Countess von Backwards, who's also obsessed with counting but likes to do it backwards.

10. Sesame Street made its Afghanistan debut in 2011 with Baghch-e-Simsim (Sesame Garden). Big Bird, Grover and Elmo are involved.

11. According to Muppet Wiki, Oscar the Grouch and Count von Count were minimized on Baghch-e-Simsim "due to cultural taboos against trash and vampirism."

12. Before Giancarlo Esposito was Breaking Bad's super intense Gus Fring, he played Big Bird's camp counselor Mickey in 1982.

13. Thankfully, those episodes are available on YouTube.

14. How big is Big Bird? 8'2". (Pictured with First Lady Pat Nixon.)

15. In 2002, the South African version (Takalani Sesame) added an HIV-positive Muppet named Kami.

16. Six Republicans on the House Commerce Committee wrote a letter to PBS president Pat Mitchell warning that Kami was not appropriate for American children, and reminded Mitchell that their committee controlled PBS' funding.

17. Sesame Street's resident game show host Guy Smiley was using a pseudonym. His real name was Bernie Liederkrantz.

18. Bert and Ernie have been getting questioned about their sexuality for years. Ernie himself, as performed by Steve Whitmere, has weighed in: “All that stuff about me and Bert? It’s not true. We’re both very happy, but we’re not gay,”

19. A few years later, Bert (as performed by Eric Jacobson) answered the same question by saying, “No, no. In fact, sometimes we are not even friends; he can be a pain in the neck.”

20. In the first season, both Superman and Batman appeared in short cartoons produced by Filmation. In one clip, Batman told Bert and Ernie to stop arguing and take turns choosing what’s on TV.

21. In another segment, Superman battled a giant chimp.

22. Telly was originally "Television Monster," a TV-obsessed Muppet whose eyes whirled around as he watched.

23. According to Sesame Workshop, Elmo is the only non-human to testify before Congress.

24. He lobbied for more funding for music education, so that "when Elmo goes to school, there will be the instruments to play."

25. In the early 1990s, soon after Jim Henson’s passing, a rumor circulated that Ernie would be killed off in order to teach children about death, as they'd done with Mr. Hooper.

26. According to Snopes, the rumor may have spread thanks to New Hampshire college student, Michael Tabor, who convinced his graduating class to wear “Save Ernie” beanies and sign a petition to persuade Sesame Workshop to let Ernie live.

27. By the time Tabor was corrected, the newspapers had already picked up the story.

28. Sesame Street’s Executive Producer Carol-Lynn Parente joined Sesame Workshop as a production assistant and has worked her way to the top.

29. Originally, Count von Count was more sinister. He could hypnotize and stun people.

30. According to Sesame Workshop, all Sesame Street's main Muppets have four fingers except Cookie Monster, who has five.

31. The episode with Mr. Hooper's funeral aired on Thanksgiving Day in 1983. That date was chosen because families were more likely to be together at that time, in case kids had questions or needed emotional support.

32. Mr. Hooper’s first name was Harold.

33. Big Bird sang "Bein' Green" at Jim Henson's memorial service.

34. As Chris Higgins put it, the performance was "devastating."

35. Oscar's Israeli counterpart is Moishe Oofnik, whose last name means “grouch” in Hebrew.

36. Nigeria's version of Cookie Monster eats yams. His catchphrase: "ME WANT YAM!"

37. Sesame's Roosevelt Franklin ran a school, where he spoke in scat and taught about Africa. Some parents hated him, so in 1975 he got the boot, only to inspire Gob Bluth’s racist puppet Franklin on Arrested Development 28 years later.

38. Our good friend and contributor Eddie Deezen was the voice of Donnie Dodo in the 1985 classic Follow That Bird.

39. Cookie Monster evolved from The Wheel-Stealer—a snack-pilfering puppet Jim Henson created to promote Wheels, Crowns and Flutes in the 1960s.

40. This puppet later was seen eating a computer in an IBM training film and on The Ed Sullivan Show.

Thanks to Stacy Conradt, Joe Hennes, Drew Toal, and Chris Higgins for their previous Sesame coverage!

An earlier version of this article appeared in 2012.

How Apple's '1984' Super Bowl Ad Was Almost Canceled

More than 30 years ago, Apple defined the Super Bowl commercial as a cultural phenomenon. Prior to Super Bowl XVIII, nobody watched the game "just for the commercials"—but one epic TV spot, directed by sci-fi legend Ridley Scott, changed all that. Read on for the inside story of the commercial that rocked the world of advertising, even though Apple's Board of Directors didn't want to run it at all.

THE AD

If you haven't seen it, here's a fuzzy YouTube version:

"WHY 1984 WON'T BE LIKE 1984"

The tagline "Why 1984 Won't Be Like '1984'" references George Orwell's 1949 novel 1984, which envisioned a dystopian future, controlled by a televised "Big Brother." The tagline was written by Brent Thomas and Steve Hayden of the ad firm Chiat\Day in 1982, and the pair tried to sell it to various companies (including Apple, for the Apple II computer) but were turned down repeatedly. When Steve Jobs heard the pitch in 1983, he was sold—he saw the Macintosh as a "revolutionary" product, and wanted advertising to match. Jobs saw IBM as Big Brother, and wanted to position Apple as the world's last chance to escape IBM's domination of the personal computer industry. The Mac was scheduled to launch in late January of 1984, a week after the Super Bowl. IBM already held the nickname "Big Blue," so the parallels, at least to Jobs, were too delicious to miss.

Thomas and Hayden wrote up the story of the ad: we see a world of mind-controlled, shuffling men all in gray, staring at a video screen showing the face of Big Brother droning on about "information purification directives." A lone woman clad in vibrant red shorts and a white tank-top (bearing a Mac logo) runs from riot police, dashing up an aisle towards Big Brother. Just before being snatched by the police, she flings a sledgehammer at Big Brother's screen, smashing him just after he intones "We shall prevail!" Big Brother's destruction frees the minds of the throng, who quite literally see the light, flooding their faces now that the screen is gone. A mere eight seconds before the one-minute ad concludes, a narrator briefly mentions the word "Macintosh," in a restatement of that original tagline: "On January 24th, Apple Computer will introduce Macintosh. And you'll see why 1984 won't be like '1984.'" An Apple logo is shown, and then we're out—back to the game.

In 1983, in a presentation about the Mac, Jobs introduced the ad to a cheering audience of Apple employees:

"... It is now 1984. It appears IBM wants it all. Apple is perceived to be the only hope to offer IBM a run for its money. Dealers, initially welcoming IBM with open arms, now fear an IBM-dominated and -controlled future. They are increasingly turning back to Apple as the only force that can ensure their future freedom. IBM wants it all and is aiming its guns on its last obstacle to industry control: Apple. Will Big Blue dominate the entire computer industry? The entire information age? Was George Orwell right about 1984?"

After seeing the ad for the first time, the Apple audience totally freaked out (jump to about the 5-minute mark to witness the riotous cheering).

SKINHEADS, A DISCUS THROWER, AND A SCI-FI DIRECTOR

Chiat\Day hired Ridley Scott, whose 1982 sci-fi film Blade Runner had the dystopian tone they were looking for (and Alien wasn't so bad either). Scott filmed the ad in London, using actual skinheads playing the mute bald men—they were paid $125 a day to sit and stare at Big Brother; those who still had hair were paid to shave their heads for the shoot. Anya Major, a discus thrower and actress, was cast as the woman with the sledgehammer largely because she was actually capable of wielding the thing.

Mac programmer Andy Hertzfeld wrote an Apple II program "to flash impressive looking numbers and graphs on [Big Brother's] screen," but it's unclear whether his program was used for the final film. The ad cost a shocking $900,000 to film, plus Apple booked two premium slots during the Super Bowl to air it—carrying an airtime cost of more than $1 million.

WHAT EXECUTIVES AT APPLE THOUGHT

Although Jobs and his marketing team (plus the assembled throng at his 1983 internal presentation) loved the ad, Apple's Board of Directors hated it. After seeing the ad for the first time, board member Mike Markkula suggested that Chiat\Day be fired, and the remainder of the board were similarly unimpressed. Then-CEO John Sculley recalled the reaction after the ad was screened for the group: "The others just looked at each other, dazed expressions on their faces ... Most of them felt it was the worst commercial they had ever seen. Not a single outside board member liked it." Sculley instructed Chiat\Day to sell off the Super Bowl airtime they had purchased, but Chiat\Day principal Jay Chiat quietly resisted. Chiat had purchased two slots—a 60-second slot in the third quarter to show the full ad, plus a 30-second slot later on to repeat an edited-down version. Chiat sold only the 30-second slot and claimed it was too late to sell the longer one. By disobeying his client's instructions, Chiat cemented Apple's place in advertising history.

When Apple co-founder Steve Wozniak heard that the ad was in trouble, he offered to pony up half the airtime costs himself, saying, "I asked how much it was going to cost, and [Steve Jobs] told me $800,000. I said, 'Well, I'll pay half of it if you will.' I figured it was a problem with the company justifying the expenditure. I thought an ad that was so great a piece of science fiction should have its chance to be seen."

But Woz didn't have to shell out the money; the executive team finally decided to run a 100-day advertising extravaganza for the Mac's launch, starting with the Super Bowl ad—after all, they had already paid to shoot it and were stuck with the airtime.

1984 - Big Brother

WHAT EVERYBODY ELSE THOUGHT

When the ad aired, controversy erupted—viewers either loved or hated the ad, and it spurred a wave of media coverage that involved news shows replaying the ad as part of covering it, leading to estimates of an additional $5 million in "free" airtime for the ad. All three national networks, plus countless local markets, ran news stories about the ad. "1984" become a cultural event, and served as a blueprint for future Apple product launches. The marketing logic was brilliantly simple: create an ad campaign that sparked controversy (for example, by insinuating that IBM was like Big Brother), and the media will cover your launch for free, amplifying the message.

The full ad famously ran once during the Super Bowl XVIII (on January 22, 1984), but it also ran the month prior—on December 31, 1983, TV station operator Tom Frank ran the ad on KMVT at the last possible time slot before midnight, in order to qualify for 1983's advertising awards.* (Any awards the ad won would mean more media coverage.) Apple paid to screen the ad in movie theaters before movie trailers, further heightening anticipation for the Mac launch. In addition to all that, the 30-second version was aired across the country after its debut on the Super Bowl.

Chiat\Day adman Steve Hayden recalled: "We ran a 30- second version of '1984' in the top 10 U.S. markets, plus, in an admittedly childish move, in an 11th market—Boca Raton, Florida, headquarters for IBM's PC division." Mac team member Andy Hertzfeld ended his remembrance of the ad by saying:

"A week after the Macintosh launch, Apple held its January board meeting. The Macintosh executive staff was invited to attend, not knowing what to expect. When the Mac people entered the room, everyone on the board rose and gave them a standing ovation, acknowledging that they were wrong about the commercial and congratulating the team for pulling off a fantastic launch.

Chiat\Day wanted the commercial to qualify for upcoming advertising awards, so they ran it once at 1 AM at a small television station in Twin Falls, Idaho, KMVT, on December 15, 1983 [incorrect; see below for an update on this -ed]. And sure enough it won just about every possible award, including best commercial of the decade. Twenty years later it's considered one of the most memorable television commercials ever made."

THE AWFUL 1985 FOLLOW-UP

A year later, Apple again employed Chiat\Day to make a blockbuster ad for their Macintosh Office product line, which was basically a file server, networking gear, and a laser printer. Directed by Ridley Scott's brother Tony, the new ad was called "Lemmings," and featured blindfolded businesspeople whistling an out-of-tune version of Snow White's "Heigh-Ho" as they followed each other off a cliff (referencing the myth of lemming suicide).

Jobs and Sculley didn't like the ad, but Chiat\Day convinced them to run it, pointing out that the board hadn't liked the last ad either. But unlike the rousing, empowering message of the "1984" ad, "Lemmings" directly insulted business customers who had already bought IBM computers. It was also weirdly boring—when it was aired at the Super Bowl (with Jobs and Sculley in attendance), nobody really reacted. The ad was a flop, and Apple even proposed running a printed apology in The Wall Street Journal. Jay Chiat shot back, saying that if Apple apologized, Chiat would buy an ad on the next page, apologizing for the apology. It was a mess:

20-YEAR ANNIVERSARY

In 2004, the ad was updated for the launch of the iPod. The only change was that the woman with the hammer was now listening to an iPod, which remained clipped to her belt as she ran. You can watch that version too:

FURTHER READING

Chiat\Day adman Lee Clow gave an interview about the ad, covering some of this material.

Check out Mac team member Andy Hertzfeld's excellent first-person account of the ad. A similar account (but with more from Jobs's point of view) can found in the Steve Jobs biography, and an even more in-depth account is in The Mac Bathroom Reader. The Mac Bathroom Reader is out of print; you can read an excerpt online, including QuickTime movies of the two versions of the ad, plus a behind-the-scenes video. Finally, you might enjoy this 2004 USA Today article about the ad, pointing out that ads for other computers (including Atari, Radio Shack, and IBM's new PCjr) also ran during that Super Bowl.

* = A Note on the Airing in 1983

Update: Thanks to Tom Frank for writing in to correct my earlier mis-statement about the first air date of this commercial. As you can see in his comment below, Hertzfeld's comments above (and the dates cited in other accounts I've seen) are incorrect. Stay tuned for an upcoming interview with Frank, in which we discuss what it was like running both "1984" and "Lemmings" before they were on the Super Bowl!

Update 2: You can read the story behind this post in Chris's book The Blogger Abides.

This post originally appeared in 2012.

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