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William J. Clinton and The Supreme Court

During his term in office, President Clinton appointed two justices who have served as moderate liberal voices on a Court that had grown more conservative under the two previous administrations. The Court made significant civil rights decisions during Clinton’s tenure—some he favored and others he did not—and ruled that a sitting President could face civil charges while in office.

“One of the Most Significant Duties Assigned to the President”

President Clinton considered the naming of a Supreme Court Justice “one of the most significant duties assigned to the President” and it was an opportunity that he had twice during his administration. The first was Ruth Bader Ginsburg, who filled the seat left vacant by the retirement of Justice Byron White in August 1993, and the second was Stephen Breyer, who replaced retiring Justice Harry Blackmun on August 3, 1994. Besides both being nominated early in the President’s first term, Clinton’s nominees had many similarities. Both were described as moderate liberals with distinguished judicial careers and both were nominated without much controversy, enjoying easy Senate confirmation hearings.

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A Mixed Civil Rights Record

Clinton’s nominations reflected his desire for a Supreme Court that upheld and strengthened civil liberties. But on the subject of civil rights, the Court had a mixed record during the Clinton Administration. In the 1995 affirmative action case of Adarand Constructors, Inc. v. Pena, the federal government’s practice of offering financial incentives to government contractors who hire “socially and economically disadvantaged individuals” was challenged. More specifically, the government’s practice of using race to identify such groups was put to the test. The Court ruled 5–4 (Clinton nominees Ginsburg and Breyer voting in the minority) that while affirmative action programs are not unconstitutional, they must be subjected to “strict judicial scrutiny.”

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Women’s Rights and Rights of Private Organizations

Civil rights versus privacy rights were considered in Boy Scouts of America v. Dale (2000). The case challenged the New Jersey Supreme Court’s decision to force the Boy Scouts to readmit Scoutmaster James Dale, who was expelled from the group after it was discovered that he was a homosexual. The Supreme Court sided with the Boy Scouts 5–4, with Ginsburg and Breyer again voting in the minority. The Court argued that, as a private organization, the Boy Scouts had the right to exclude any person that they believe undermines their values.

In comparison to affirmative action and gay rights, women’s rights fared better in the Supreme Court. In the case of United States v. Virginia (1996), the Court ruled that the Virginia Military Institute’s all-male admissions policy was unconstitutional. The ruling was a victory against gender discrimination and opened educational opportunities to women that were previously unavailable.

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Putting the President on Trial and Influencing a Presidential Election

A landmark case with far-reaching effects was the case of President Clinton v. Paula Jones (1997). Clinton and his attorneys argued that Clinton, as a sitting President, was immune from civil proceedings until his term in office was over. The Court disagreed and allowed Jones’s civil suit against the President to continue. Clinton v. Jones had a direct and lasting effect on the Clinton Presidency. It opened the door for the civil suit of Jones v. Clinton, which led to the Lewinsky scandal, and, in turn, the impeachment of the President.

Another notable Supreme Court decision during the Clinton presidency was the case of Bush v. Gore (2000). The case questioned the legality of the Florida recount of ballots cast in the 2000 presidential election. The Court ruled that since each Florida county could not guarantee that votes would be counted in the same way and within the time allowed, the recount must stop. George W. Bush was, in turn, named the 43rd President and for the first time in U.S. history, the Supreme Court had played the deciding role in the election process.

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