Douglas Ginsburg
Douglas Ginsburg is an American legal scholar and former federal judge notable for his brief nomination to the Supreme Court in 1987. He graduated from the University of Chicago Law School and served as a law clerk for Justice Thurgood Marshall. His career includes a professorship at Harvard Law School and roles in the U.S. Justice Department and the Office of Management and Budget. In 1986, he was appointed to the U.S. Court of Appeals for the District of Columbia by President Ronald Reagan. Ginsburg was nominated for the Supreme Court to succeed Justice Lewis F. Powell, Jr., following the rejection of another nominee, Judge Robert H. Bork. His relatively young age and lack of a strong conservative track record were seen as advantageous at the time. However, Ginsburg faced significant scrutiny from the Senate Judiciary Committee over his limited judicial experience and potential conflicts of interest. Ultimately, he withdrew his nomination after acknowledging past marijuana use, leading to the nomination of Judge Anthony M. Kennedy, who was confirmed without incident.
Subject Terms
Douglas Ginsburg
Nominated by: Ronald Reagan
Significance: Despite having served only a year on the federal bench, Ginsburg was nominated to the Supreme Court in 1987. The failure of his nomination due to questions about his inexperience and personal life set a precedent for later investigations of presidential appointees to the Court and federal judiciary.
A graduate of University of Chicago Law School, Ginsburg served as a law clerk to Justice Thurgood Marshall from 1974 to 1975. He later held a professorship at Harvard Law School and worked in the Justice Department and the Office of Management and Budget before President Ronald Reagan appointed him to the U.S. Court of Appeals for the District of Columbia in 1986. In 1987 Reagan nominated Ginsburg to the Supreme Court to fill the vacancy created by the retirement of Justice Lewis F. Powell, Jr., following the rejection of his first choice, Judge Robert H. Bork, by the Senate Judiciary Committee.
Ginsburg’s youth and relative inexperience were considered assets by the Reagan administration, which sought a conservative nominee without the documented ultraconservative reputation that had cost Bork his nomination. Nevertheless, the committee subjected Ginsburg to intense criticism due to his sparse judicial record and conflicts of interests that allegedly occurred during his tenure with the Department of Justice. After admitting to smoking marijuana as a student and as a professor, Ginsburg abruptly withdrew his name from consideration and returned to his position as federal judge on the District of Columbia Circuit. The Reagan administration then nominated the relatively moderate Judge Anthony M. Kennedy, who was quickly confirmed.