Thursday, March 24, 2016

REAGAN NOMINATES ANTHONY KENNEDY TO SUPREME COURT

WASHINGTON, Nov. 11— President Reagan, stung by the failure of two nominations to the Supreme Court in the last three weeks, today nominated Judge Anthony M. Kennedy and expressed the hope that he could be confirmed quickly in a spirit of bipartisan cooperation. 

Mr. Reagan emphasized that Judge Kennedy ''seems to be popular with many senators of varying political persuasions.'' 

''The experience of the last several months has made all of us a bit wiser,'' he said. [ Transcript, page B10. ] Mr. Reagan's tone today was in marked contrast to the sharply partisan terms in which he presented his previous nominee, Judge Douglas H unblocked school. Ginsburg, two weeks ago. Then the President called the Senate's rejection of his first nominee, Judge Robert H. Bork, a ''disservice to the Court and to the nation'' and said that ''the American people will know what's up'' if the Senate did not act quickly. 'Delighted' to Be Picked 

Judge Kennedy, in his brief appearance before White House reporters today, was asked whether he was ''upset that you are, in effect, the third choice for this seat?'' 

''I'm delighted with this nomination,'' he replied with a slight smile. 

Senators from both parties said they would reserve judgment and examine the new nominee's record closely. But beneath the studiously noncommittal responses was a general expectation that Judge Kennedy would be confirmed, as well as collective relief that another bruising battle could probably be avoided. 

Still the moment was a bitter one for a number of conservatives, both on and off Capitol Hill. They viewed Mr. Reagan as abandoning one of the principal goals of his Presidency, that of changing the direction of the Supreme Court. Biden Pledges Cooperation 

Key Democrats said that confirmation hearings would almost certainly not begin until January.
The chairman of the Senate Judiciary Committee, Senator Joseph R. Biden Jr., said: ''I'm glad the President has made his choice. We will get the process under way and move as rapidly as is prudent. We want to conduct the committee's review with both thoroughness and dispatch.'' 

Judge Kennedy, a 51-year-old Harvard Law School graduate, was named in 1975 to the United States Court of Appeals for the Ninth Circuit, which covers California and several other Western states.
In writing nearly 500 opinions, he has earned a reputation as a careful judge of basically conservative leanings who approaches legal problems case by case and has apparently never evinced a desire to change the modern course of constitutional law. Some scholars who have studied his record say his approach is similar to that of Justice Lewis F. Powell Jr., whose retirement last June created the vacancy on the Supreme Court. Justice Powell was a nonideological conservative who often cast the deciding vote on the sharply polarized Court. Was on Earlier List 

By contrast, President Reagan's first choice, Judge Bork, whom the Senate rejected last month by a vote of 58 to 42, is an acerbic critic of many recent trends in the law. The public learned little of the views of the next choice, Judge Ginsburg, who withdrew on Saturday, two days after disclosing that he used marijuana once as a student in the 1960's and several times in the 1970's while a professor at Harvard Law School. 

Judge Kennedy, asked today whether he had ever smoked marijuana, said, ''No, firmly no.''
After Judge Bork's defeat, Mr. Reagan was on the verge of choosing Judge Kennedy when Attorney General Edwin Meese 3d prevailed on him to pick the 41-year-old Judge Ginsburg instead. 

Judge Kennedy's name was on a list of 13 potential nominees that Howard H. Baker Jr., the President's chief of staff, presented to Senate leaders after Judge Bork's defeat. While the Democrats objected to some names on the list, including that of Judge Ginsburg, they raised no objection to Judge Kennedy. Some conservative Republicans objected that Judge Kennedy was not conservative enough, but the prospect of serious opposition from the right faded this week as Judge Kennedy's nomination appeared all but inevitable. 

''I doubt that any conservatives are going to oppose him,'' Senator Orrin G. Hatch, a Utah Republican who Monday excoriated the White House for not standing by Judge Ginsburg, said today. 

In turning this time to a consensus nominee, President Reagan was yielding to a political reality that includes Democratic control of the Senate and his own weakened powers as he enters his last year in office. 

''There's been a basic compromise of principle that's not satisfying to me,'' Senator Charles E. Grassley, an Iowa Republican, said Tuesday as word circulated that Judge Kennedy's nomination was virtually assured. ''But I suppose I'm resigned. There's a practical aspect.'' 

Asked whether President Reagan had a choice other than compromise, Senator Grassley, a member of the Judiciary Committee, replied, ''If I were President of the United States, I think I'd figure one out.''
Richard A. Viguerie, a conservative political consultant unblocked games online, said in an interview that the mood among conservatives was one of ''total anger and frustration.'' He called the Kennedy nomination ''a total surrender to the left.'' 'Battle Fatigue' a Factor 

Other conservative leaders struck a more fatalistic note. ''There isn't another Bob Bork out there, and we knew that all along,'' said Daniel Casey, president of the American Conservative Union. ''When the dust settles, people will regard this as a good choice.''Furthermore, Mr. Casey said, ''There's institutional battle fatigue involved here.'' 

From the liberal end of the political spectrum, there was a striking difference between the reception Judge Kennedy received today, muted though it was, and the warning notes that greeted Judge Bork and Judge Ginsburg. Senator Edward M. Kennedy, who led a harsh attack on Judge Bork and described Judge Ginsburg as ''Judge Bork without the paper trail,'' said today only that he was interested in studying the new nominee's lengthy judicial record. ''I look forward to the hearings and to meeting Judge Kennedy,'' the Massachusetts Democrat said. 

Laurence H. Tribe, the Harvard Law School professor and a liberal who has been a close adviser to Senator Biden, said in an interview that his initial impressions of Judge Kennedy were very favorable. 

''His opinions are more sensitive than strident,'' Mr. Tribe said. ''He replaces the dogmatism of Robert Bork with a sense of decency and moderation.'' 

But despite Judge Kennedy's voluminous record, little has been gleaned so far about his views on key issues on which the Supreme Court is closely divided. These include abortion, affirmative action, and the relationship between church and state. 

Senator Patrick J. Leahy of Vermont, a Democratic member of the Judiciary Committee, said he expected the hearings to be substantive. 

Senator Arlen Specter of Pennsylvania, the only Republican on the committee to vote against Judge Bork, said: ''At first blush, Judge Kennedy looks good, but the Judiciary Committee will have to check out his qualifications very carefully, as the Constitution requires.'' 

The nominee himself said today, ''I'm looking forward to this scrutiny that the Senate should give any nominee in the discharge of its constitutional duty.'' 

It was not only the lack of knowledge about Judge Kennedy's views that caused senators to withhold the sweeping proclamations with which some of them had greeted the earlier nominees. Republicans, particularly those who had offered early support to Judge Ginsburg, were afraid of getting burned again, while the Democrats, viewing the Supreme Court vacancy with some amusement a Republican problem, see no need to take a position. 

The Senate majority leader, Robert C. Byrd of West Virginia, captured this mood today when he said, ''I hope this nomination will provide no more surprises to the Congress or embarrassment to the White House.''

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