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Joe Biden and the Judges
Supreme Court confirmation hearings may provide less than fond memories for some
Legal Times
September 08, 2008
If Sen. Joe Biden, D-Del., is elected vice president in November, chances are he won't ask Justice Clarence Thomas to swear him in -- or Samuel Alito Jr. either. And Robert Bork's invitation to the inaugural party might get lost in the mail.
Biden chaired the 1987 Senate Judiciary Committee hearing on Bork's Supreme Court nomination, an event some say launched the era of politicized confirmation hearings. It came as Biden's first campaign for the presidency was self-destructing over evidence that he plagiarized a campaign speech and exaggerated his resume. Biden withdrew from the race in an unforgettable press conference before resuming the Bork hearing.
In his 1991 book "The Tempting of America," Bork recalled that as the hearing ended, Biden asked him if the hearing had been fair. "I said it had, meaning that he had let me answer every accusation, but it had not been a 'hearing' at all, since nobody heard." Bork was defeated by a 58-42 vote.
Thomas also has less than fond memories of his treatment by Biden, who chaired his stormy 1991 hearing. In his 2007 memoir "My Grandfather's Son," Thomas recalls that Biden initially kept Anita Hill's allegations of sexual harassment against Thomas private. Before the firestorm began, Biden called him at home and said, "Judge, I know you don't believe me," but if the allegations come up, "I will be your biggest defender." Wrote Thomas, "He was right about one thing. I didn't believe him."
In 2006, Biden provided some of the Alito hearing's most memorable moments. During a rambling preamble to questioning Alito one day, Biden confessed he "wasn't a big Princeton fan," referring to Alito's alma mater. The next day, Biden wore a Princeton baseball cap to make amends.
Biden chaired the 1987 Senate Judiciary Committee hearing on Bork's Supreme Court nomination, an event some say launched the era of politicized confirmation hearings. It came as Biden's first campaign for the presidency was self-destructing over evidence that he plagiarized a campaign speech and exaggerated his resume. Biden withdrew from the race in an unforgettable press conference before resuming the Bork hearing.
In his 1991 book "The Tempting of America," Bork recalled that as the hearing ended, Biden asked him if the hearing had been fair. "I said it had, meaning that he had let me answer every accusation, but it had not been a 'hearing' at all, since nobody heard." Bork was defeated by a 58-42 vote.
Thomas also has less than fond memories of his treatment by Biden, who chaired his stormy 1991 hearing. In his 2007 memoir "My Grandfather's Son," Thomas recalls that Biden initially kept Anita Hill's allegations of sexual harassment against Thomas private. Before the firestorm began, Biden called him at home and said, "Judge, I know you don't believe me," but if the allegations come up, "I will be your biggest defender." Wrote Thomas, "He was right about one thing. I didn't believe him."
In 2006, Biden provided some of the Alito hearing's most memorable moments. During a rambling preamble to questioning Alito one day, Biden confessed he "wasn't a big Princeton fan," referring to Alito's alma mater. The next day, Biden wore a Princeton baseball cap to make amends.
