As the Senate weighs the nomination of Elena Kagan to the Supreme Court, the interest shown in the 46,000 pages recently released by the Clinton Presidential Library reminds us that confirmation is a one-shot deal. Once confirmed, with very rare exceptions, a justice sits for as long as he or she likes. So find out what you can now. Later is too late.
When nominated to the Supreme Court in 1990, David Souter underwent scant scrutiny. Although he had served as a state judge in New Hampshire for 12 years, he had little or no record on federal issues. President George H.W. Bush nominated him on July 25, 1990, only three months after he had been confirmed to the First Circuit U.S. Court of Appeals. In announcing the nomination, Bush assured the country that he had no idea where Souter stood on the hot-button issues of the day, abortion and affirmative action. Souter became known as the “stealth candidate.”
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