Justice Potter Stewart Resigns
Supreme Court Justice Potter Stewart resigned from the Supreme Court effective July 3, 1981. This gave the young Reagan administration its first of several opportunities to nominate a new Supreme Court Justice. They would make history with their first selection.
Justice Potter Stewart Official Resignation Letter (1981-05-18) by Supreme Court Justice Potter StewartU.S. National Archives
Supreme Court Justice Potter Stewart's resignation letter sent to President Reagan, creating a vacancy on the Supreme Court.
After receiving Justice Stewart's letter, the Department of Justice compiles a packet offering guidance on how to proceed in selecting a nominee for the Supreme Court.
The Department of Justice writes a draft of President Reagan's response letter to Justice Stewart's resignation.
Planned comments for Attorney General William French Smith and status of Edwin Meese, Counselor to the President.
More planned comments for the White House to use entering into the selection phase.
Short mock question and answer for press purposes.
President Reagan response to Justice Stewart (1981-06-18) by President Ronald ReaganU.S. National Archives
President Reagan formally accepts Justice Stewart's resignation, beginning the long and complicated process of putting an individual on the Supreme Court.
President Reagan's Campaign Pledge
Flashback to Ronald Reagan's 1980 presidential campaign. During a campaign stop in Ohio, then Governor Reagan gives a speech defending his record advocating for women as Governor of California. Within his remarks is an important and historic pledge to nominate a woman to the Supreme Court.
Governor Reagan begins his remarks by listing some of the actions he's taken to support women.
In the latter half of his speech he states, "one of the first Supreme Court vacancies in my administration will be filled by the most qualified woman I can possibly find, one who meets the high standards I will demand for all court appointments."
Judicial Selection Criteria (1981-06-18) by Fred FieldingU.S. National Archives
The White House Starts its Search
The White House begins its nationwide search for possible nominees, compiling its own list and accepting recommendations from elected officials and interest groups. To the right is the official criteria used by the Reagan Administration that candidates must meet if they are to be considered for nomination.
List of possible nominees the White House was considering. A notable name on this list is Robert Bork who was nominated by President Reagan later in his administration but was not confirmed by the Senate.
Judge Sandra Day O'Connor appears on page 3 of this list of nominees. Several other women are also included.
The National Women's Political Caucus remembers this promise very well and urges the nomination of a woman to the Supreme Court.
Retired District Court Judge Joseph W. Morris writes a letter of advice to President Reagan. Urging him to choose a judge that aligns with the President's stated judicial philosophy, judicial restraint.
Former President Gerald Ford advocates for the nomination of a woman as well, Judge Cornelia Kennedy. Her name appears on the White House's list of nominees.
Letter enclosed with President Ford's recommendation from the Circuit Judges of Kent County.
Elected officials from state governments and Congress submit their suggestions and recommendations as well. This one comes from Robert B. Monier, President of the New Hampshire State Senate.
Ohio Congressman Ronald Mottl recommends University of Texas Law Professor Lino A. Graglia.
Arizona Congressman John Rhodes recommends Judge Sandra Day O'Connor for nomination to the Supreme Court.
California Secretary of State March Fong Eu suggests to President Reagan that "the time is NOW" to nominate a woman to the Supreme Court.
Senator Strom Thurmond, Chairman of the Senate Judiciary Committee gives his recommendations for nomination to the Supreme Court.
The Senate Judiciary Committee is the legislative committee that must approve nominations before they go to the entire Senate for a vote. As chairman of this committee, Senator Thurmond had considerable influence over nominations.
Memo from Lyn Nofziger to President Reagan (1981-06-27) by Lyn NofzigerU.S. National Archives
Presidential Advisor Lyn Nofziger explains that it will be politically advantageous for President Reagan to nominate a woman to the Supreme Court.
Also it is the "right thing to do."
Wendy Borchedt, Associate Director of Presidential Personnel, urges the President to nominate a woman to the Supreme Court. Judge Cornelia Kennedy's name emerges again.
The White House narrows in on Judge O'Connor
After about a month of sifting through candidates and weighing recommendations from around the country the Reagan Administration decides on a Court of Appeals Judge from Arizona, Sandra Day O'Connor. Having made their selection, the next step in the process is to gather as much information on the nominee as possible, gather support and make the official announcement of the nomination with as much political momentum as the White House can generate. However, some aspects of Judge O'Connor's past and legislative record created some hurdles for the Judge and the Administration to overcome.
Biographical information on Judge O'Connor compiled by the White House.
Quick summaries of every majority opinion written by Judge O'Connor during her time serving as a judge for the Arizona Court of Appeals.
Memo from Michael Uhlmann to Ed Meese (1981-07-06) by Michael UhlmannU.S. National Archives
Despite her excellent credentials, there was significant opposition to Judge O'Connor. Michael Uhlmann, Special Assistant to the President, writes a memo detailing this opposition.
Memo from Michael Uhlmann to Ed Meese (1981-07-06) by Michael UhlmannU.S. National Archives
Much of the opposition to Judge O'Connor's nomination actually came from socially conservative circles as they were concerned with her legislative record while in the Arizona State Senate.
A letter written by Thomas C. Kelly, Archbishop of Louisville, to William French Smith's, Attorney General, secretary containing information about Sandra Day O'Connor he found concerning.
Attached to the letter from the Archbishop is a short list of concerns with Judge O'Connor's legislative record.
Another powerful voice in the evangelical community warns the Reagan Administration of the potential consequences of nominating Judge O'Connor.
The National Right to Life Committee reached out to President Reagan as well after hearing rumors of Judge O'Connor being a possible nominee.
Dr. John Willke, President of National Right to Life, tells the administration that they are ready to "go public" with a press release that could embarrass the President in an effort to stop the nomination.
Max Friedersdorf, Assistant to the President for Legislative Affairs, details phone conversations he had with U.S. Senators Don Nickles and Henry Hyde.
All of the Senators calling to object to Judge O'Connor's nomination do so on the basis of the abortion issue.
Despite opposition, the Reagan Administration moves forward with the nomination. This is a game plan for the announcement of the nomination of Sandra Day O'Connor to the Supreme Court.
President Reagan announces to the nation the nomination of Judge O'Connor to the Supreme Court
On July 7, 1981 President Ronald Reagan announces to the nation the nomination of Judge Sandra Day O'Connor of Arizona to the United States Supreme Court. A historic day for the United States as Judge O'Connor was the first woman to be nominated to the Supreme Court.
Transcript of President Ronald Reagan's announcement of Sandra Day O'Connor's nomination to the Supreme Court.
President Reagan says that he is "completely satisfied" with Judge O'Connor's position on abortion, pushing back on the opposition against her.
Attorney General William French Smith takes the podium after President Reagan to answer questions from White House reporters.
Attorney General Smith explains that the only "political leanings" of judges that were considered were whether they aligned with President Reagan's judicial philosophy, which is judicial restraint.
"We're satisfied that she looks upon the judicial function as being one which is intended to interpret and apply the law and not to make it."
White House reporters asked if the quick announcement was due to mounting opposition from right-to-life groups. Attorney General Smith pushes back on that notion.
Although FBI background checks had not yet been completed, the White House announced their nomination of Judge O'Connor anyway. Although uncommon, the White House had little concerns about her background and were confident in their nominee.
A short White House press release announcing their intention to nominate Sandra Day O'Connor to the Supreme Court.
President Reagan announces his nominee to the Supreme Court (1981-07-07)U.S. National Archives
President Reagan announcing his nomination of Sandra Day O'Connor to the Supreme Court.
Not Everyone Supported the Nomination
Despite the historical nature of the nomination and Judge O'Connor's vast experience and excellent credentials, not all supported the nomination right away. Judge O'Connor was conservative in ideology but did not believe in allowing her personal beliefs to enter into her judicial decisions. Despite this many conservatives vehemently opposed her nomination based on her record while serving as a State Senator in the Arizona state legislature.
Telephone, Telegram, and Mailgram Breakdown (1981-07-10)U.S. National Archives
Opposition came in droves as many citizens and voters called and wrote the White House to voice their opposition to Judge O'Connor's nomination.
The National Right to Life Committee had a press release on standby immediately responding to Judge O'Connor's nomination.
Dr. J.C. Willke, President of the National Right to Life Committee states, "In the event she is the nominee, the entire pro-life movement will oppose her nomination."
The National Right to Life Committee's concerns with Judge O'Connor. This list circulated throughout the country and made its way to several Congressmen. It is a list of perceived pro-abortion actions made by Judge O'Connor while in the Arizona Senate.
Strom Thurmond Objections (1981-07-07) by Senator Strom ThurmondU.S. National Archives
Chairman of the Senate Judiciary Committee, Strom Thurmond, sends a list to President Reagan compiling objections to Judge O'Connor's nomination.
Strom Thurmond objections to Judge O'Connor's nomination (1981-07-07) by Senator Strom ThurmondU.S. National Archives
Additional concerns to her record on pro-life bills are listed here including an unclear position on gun control, her friendships with certain Republicans and her experience as a judge.
Marie Craven, a pro-life activist in Chicago, writes to President Reagan about her deep disappointment with the nomination.
President Reagan response to Marie Craven (1981-08-03) by President Ronald ReaganU.S. National Archives
A copy of President Reagan's response to Mrs. Craven, defending his decision.
President Reagan writes that he believes much of the opposition to his appointment came from one particularly vocal individual, this letter drew quite a bit of controversy for the administration.
President Reagan response to Marie Craven (1981-08-03) by President Ronald ReaganU.S. National Archives
Article on President Reagan's Letter to Marie Craven (1981-08-15) by Fred Barbash, Washington Post Staff WriterU.S. National Archives
An article from the Washington Post covering President Reagan's letter and criticizing his defense.
Press Coverage of the Announcement
Despite the opposition from the President's coalition, the nomination received great praise from the national media and women throughout the country.
Snippets of news editorials reacting to the nomination of Judge O'Connor.
The Confirmation Process Begins
With this letter the process of confirming Judge Sandra Day O'Connor officially begins. This letter is the official notification to the Senate of the nomination of Sandra Day O'Connor. Over the next few months the Reagan Administration would be working with allies on and off Capitol Hill to ensure that Judge O'Connor is not just confirmed by the Senate, but unanimously confirmed. In this section are the internal documents, memos, meetings and strategies used by the White House to successfully place Judge O'Connor on the bench.
Nomination Letter sent to President Reagan to be formally submitted to the Senate (1981-07-31) by William French SmithU.S. National Archives
The Attorney General, William French Smith, encloses in this letter to the President the official nomination of Sandra Day O'Connor to be sent to the Senate.
Executive Staff Confirmation Responsibilities (1981-07)U.S. National Archives
As the White House prepares for the confirmation process, the staff tasked with ensuring a successful nomination are listed with their respective duties and responsibilities.
A memo developed by Deputy Press Secretary Pete Roussel as the White House prepares for press inquiries regarding Judge O'Connor.
Judge O'Connor's schedule for her first trip to Washington D.C. as nominee.
Group photo taken at the White House during Judge O'Connor's first official visit as nominee to the White House (1981-07-15)U.S. National Archives
Judge O'Connor and President Reagan sit for a photo during O'Connor's first official visit to the White House since her nomination.
Judge O'Connor and Administration Staff Meet with Senators on Capitol Hill (1981-07-14) by Max FriedersdorfU.S. National Archives
Attorney General William French Smith, Powell Moore, and Max Friedersdorf accompanied Judge O'Connor during her first round of calls and meetings with legislators on Capitol Hill, this is a summary of those meetings.
Judge O'Connor and Administration Staff Meet with Senators on Capitol Hill (1981-07-14) by Max FriedersdorfU.S. National Archives
It became clear that most of the opposition to the nomination would come from the conservative members of the committee. Senator Joe Biden explains that he does not know of any Democratic opposition to the nomination.
Possible Roe v. Wade Questions (1981-07-15) by Kenneth W. StarrU.S. National Archives
Note on Judge O'Connor's position on abortion (1981-07)U.S. National Archives
"Judge O'Connor said she believes abortion is a legitimate subject for regulation by legislation. (She did not say 'by states' - that would have different implications - Supreme Court '73 decision etc.)
Questions Regarding Judge O'Connor (1981-07)U.S. National Archives
More questions the White House is trying to get answers to as the confirmation process continues on.
American Bar Association Report
It is common practice for the American Bar Association to conduct an investigation and release a report on the qualifications of judicial nominees. This is the ABA report on Judge O'Connor released a few weeks before her confirmation.
The report determined Judge O'Connor to meet the "highest standards of judicial temperament and integrity" while not making "any determinations about Judge O'Connor's general political ideology."
The ABA lists their methods of inquiry and the standards for which they base their investigation on.
Detailed information on Judge O'Connor's educational and professional background.
Over 300 people were interviewed by the ABA for this report, more than 150 of which were federal, state and local judges.
Many individuals in the legal, academic and political communities were also interviewed for this report, including many Arizona State Senators of both parties who served with Judge O'Connor in the legislature.
Judge O'Connor herself sat for an interview with the ABA committee and they found her to be "an intelligent, articulate person who is committed to the law and to equal justice..."
In closing of the report, "Judge O'Connor has an appropriate judicial temperament. Her judgment is sound, and she is well respected by her colleagues. Her integrity is above reproach."
The Hearing
Judge O'Connor and the Reagan Administration were confident going into her Confirmation Hearing. The Confirmation Hearing held by the Senate Committee on the Judiciary is the one opportunity for the Senate (who confirms judicial appointment) to hold a public hearing. Judicial nominees sit before the Senate Committee for hours answering questions under oath for the entire public to see. Oftentimes decisions made about nominees are made prior to these hearings, but the hearing serves as an excellent way to inform the public what kind of justice has been nominated to the court. Depending on how the hearing goes, it is usually not long before the Senate holds a vote to confirm the nominee or the nominee.
Prior to Judge O'Connor's nomination the White House in conjunction with its allies in the Senate, conduct a preliminary whip count. They poll the rest of the senators on Capitol Hill to get a sense of how much support the Judge has.
The White House compiled an exhaustive list of possible questions Judge O'Connor could receive during her confirmation hearing. Firs on the list, the most controversial issue facing Judge O'Connor's nomination, abortion.
Questions about Judge O'Connor's record on abortion extend to a second page. This will certainly be a topic of inquiry during her hearing.
Questions Judge O'Connor can expect on her record as an Arizona State Legislator.
Questions on Judge O'Connor's judicial philosophy, strict constructionism, and whether or not it is appropriate for Senators to ask how she would have decided established cases.
Various miscellaneous questions the Judge should be aware of in case they are asked.
Questions regarding the Eighth Amendment of the Constitution, cruel and unusual punishment, including her position on the death penalty.
More questions on various topics including the rights of public employees and the criminal justice system.
The next three pages include inquiries the Judge can expect on a variety of topics including civil rights, national security and separation of powers.
A close to final draft of Judge O'Connor's opening statement to the Senate Judiciary Committee during her confirmation hearing.
Judge O'Connor argues that she cannot answer inquiries regarding how she would vote on a particular issue or a particular case that has already been decided. To do this would be to prejudge a case, "which is the opposite of the attitude that a judge should have..."
Sandra Day O'Connor is the first woman named to the United States Supreme Court
After successfully navigating her confirmation hearing, Judge Sandra Day O'Connor was unanimously confirmed to the Supreme Court on September 24, 1981. Sandra Day O'Connor was the first woman to sit on the Supreme Court and served as a justice until 2006.
Ronald Reagan and Nancy Reagan shake hands in the Oval Office (1981-09-24)U.S. National Archives
Newly confirmed Supreme Court Justice Sandra Day O'Connor meets with President Reagan before a reception for the judiciary in the Rose Garden.
Ronald Reagan Makes Last Minute Changes to his Speech (1981-09-24)U.S. National Archives
President Reagan makes last minute adjustments on his speech.
Judiciary Reception (1981-09-24)U.S. National Archives
President Reagan speaks in front of a gathering of the judiciary in the Rose Garden to celebrate Justice O'Connor's confirmation to the Supreme Court.
President Reagan and Justice O'Connor at a Reception for Justices in the Rose Garden (1981-09-24)U.S. National Archives
A group photo taken at the Judiciary Reception (From left to right: Nancy Reagan, Warren Burger, Ronald Reagan, Sandra Day O'Connor) (1981-09-24)U.S. National Archives
Pictured from left to right: First Lady Nancy Reagan, Chief Justice Warren Burger, President Ronald Reagan, and Justice Sandra Day O'Connor.
Photograph of Sandra Day O'Connor being sworn in a Supreme Court Justice by Chief Justice Warren Burger, her husband John O'Connor looks on., 1981 (1981-09-25) by National Archives and Records AdministrationU.S. National Archives
Justice Sandra Day O'Connor is sworn in by Chief Justice Warren Burger. Her husband, John O'Connor, holding a bible and the Constitution, looks on.
Supreme Court Justices Pose with President Reagan (1981-09-25)U.S. National Archives
A group photo of President Reagan and Supreme Court Justices.
Exhibit: Ronald Reagan Presidential Library
This exhibit was created by Jacob Dawe
Special thanks to Mira Cohen, Carol Cohea, Sarah Vidaurri, Melaina Leung, Michael Pinckney, Jennifer Mandel and Meredith Doviak
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