That’s the title of my new Confirmation Tales post, in which I contrast the dithering and disorder that marked Bill Clinton’s selection of his two Supreme Court nominees with the discipline and efficiency of George W. Bush’s pick of John Roberts. My closing paragraphs:
Clinton took 86 days to select Ruth Bader Ginsburg and, even after months of advance notice of Harry Blackmun’s retirement in 1994, more than five weeks from Blackmun’s public announcement to select Stephen Breyer. Both processes were plagued by leaks and public attacks on putative frontrunners. In an odd spectacle, Clinton announced his nomination of Breyer in Breyer’s absence, evidently because White House counsel Lloyd Cutler and other supporters of Breyer were eager for Clinton to lock himself in before he would find occasion to change his mind again.
Bush selected Roberts 18 days after O’Connor announced her retirement. The discipline and secrecy that the White House maintained enhanced the drama of Bush’s selection and deterred preemptive attacks on Roberts.
On Supreme Court nominations as on so much else in life, first impressions can matter a lot. Given his qualities and credentials, John Roberts was a safe bet to make a strong mark. George Bush’s highly competent decision process helped to maximize that very favorable first impression.
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