The Nine: Inside the Secret World of the Supreme Court

This chapter is about the first opening on the Supreme Court that arose during Bill Clinton’s administration and how Clinton went about filling it. In March 1993, Justice Byron White resigned. White was the last justice appointed by a Democratic president (John Kennedy), but he often voted with conservatives. Because the Court was made up of Republican appointees, Clinton felt it was important to find someone who not only would vote the right way on issues like abortion but who could effectively persuade others of his or her viewpoint. He also wanted someone with “real world” experience, not a sitting judge from a lower court, whom he referred to as “footnote people” (63)—those overly concerned with the details of law rather than its effect on people’s lives.

His first choice was Mario Cuomo, then governor of New York, who said he would consider it. A week or so passed, and a Clinton aide pressed Cuomo’s son Andrew, who was negotiating on his father’s behalf, for an answer. Andrew Cuomo said his father had told him he would accept it, and preparations were begun to announce the decision. An hour later, however, Mario Cuomo faxed the White House to say that his duty to the citizens of New York came first, so he would have to decline the appointment.