Remarks Announcing the
Nomination of Anthony M. Kennedy To Be an Associate
Justice of the Supreme Court of the
The President. It's not just in
fulfillment of my constitutional duty but with great pride and respect for his
many years of public service, that I am today announcing my intention to
nominate United States Circuit Judge Anthony Kennedy to be an Associate Justice
of the Supreme Court. Judge Kennedy represents the best tradition of
His
career in the law, which has now spanned the better part of three decades,
began following his graduation from
In
1965 he began a teaching career on the faculty of the McGeorge
School of Law at the University of the Pacific. He has been teaching
continuously since that time as a professor of constitutional law. In 1975
President Ford appointed him to the United States Court of Appeals, where he
has established himself as a fair but tough judge who respects the law. During
his 12 years on the Nation's second highest court, Judge Kennedy has
participated in over 1400 decisions and authored over 400 opinions. He's a hard
worker and, like Justice Powell, whom he will replace, he is known as a
gentleman. He's popular with colleagues of all political persuasions. And I
know that he seems to be popular with many Senators of varying political
persuasions as well.
I
guess by now it's no secret that Judge Kennedy has been on the very shortest of
my short lists for some time now. I've interviewed him personally and, at my
direction, the FBI, the Department of Justice, and the Counsel to the President
have concluded very extensive preliminary interviews with him. Judge Kennedy's
record and qualifications have been thoroughly examined. And before I submit
his formal nomination to the Senate, a full update of his FBI background
investigation will have been completed.
Judge
Kennedy is what many in recent weeks have referred to as a true conservative --
one who believes that our constitutional system is one of enumerated powers --
that it is we, the people who have granted certain rights to the Government,
not the other way around. And that unless the Constitution
grants a power to the Federal Government, or restricts a State's exercise of
that power, it remains with the States or the people.
Those
three words, ``We the People,'' are an all important
reminder of the only legitimate source of the Government's authority over its
citizens. The preamble of the Constitution, which begins with these three
powerful words, serves also as a reminder that one of the basic purposes
underlying our national charter was to ensure domestic tranquility. And that's
why the Constitution established a system of criminal justice that not only
protects the individual defendants but that will protect all Americans from
crime as well.
Judge
Kennedy has participated in hundreds of criminal law decisions during his
tenure on the Ninth Circuit Court of Appeals. In that time he's earned a
reputation as a courageous, tough, but fair jurist. He's known to his
colleagues and to the lawyers who practiced before him as diligent, perceptive,
and polite. The hallmark of Judge Kennedy's career has been devotion --
devotion to his family, devotion to his community and his civic responsibility,
and devotion to the law. He's played a major role in keeping our cities and
neighborhoods safe from crime. He's that special kind of American who's always
been there when we needed leadership. I'm certain he will be a leader on the
Supreme Court.
The
experience of the last several months has made all of us a bit wiser. I believe
the mood and the time is now right for all Americans in this bicentennial year
of the Constitution to join together in a bipartisan effort to fulfill our
constitutional obligation of restoring the United States Supreme Court to full
strength. By selecting Anthony M. Kennedy, a superbly qualified judge whose
fitness for the high court has been remarked upon by leaders of the Senate in
both parties, I have sought to ensure the success of that effort.
I
look forward, and I know Judge Kennedy is looking forward, to prompt hearings
conducted in the spirit of cooperation and bipartisanship. I'll do everything
in my power as President to assist in that process. And now I believe that
Judge Kennedy has a few words to say.
Judge
Kennedy. Thank you, Mr. President. By announcing your intention to nominate me
to the Supreme Court of the
When
the Senate of the
Thank
you, Mr. President.
Q.
Mr. President -- --
The President. No, it's limited, and I
think you know that, to two questions -- Helen [Helen Thomas, United Press
International] first and then Terry [Terry Hunt, Associated Press].
Q.
Mr. President, throughout this whole process, Senator Hatch says there have
been a lot of gutless wonders in the White House. Do you know who they are, who
he is referring to, why he would say such a thing since he is such a devoted
conservative?
The President. Helen, when these
ceremonies here this morning are over, I'm going to try to find out where he
gets his information because, you know something, I haven't been able to find a
gutless wonder in the whole place.
Q.
Do you know why he was so upset?
The President. I don't know. I don't
know, unless he's been reading the paper too much.
Q.
Mr. President, you said that Judge Kennedy is popular with people of all
political persuasions. What happened to your plan to give the Senate the
nominee that they would object to just as much as Judge Bork?
The President. Maybe it's time that I
did answer on that, where that was said and why -- and it was humorously said.
I was at a straight party organization affair, a dinner. And when I finished my
remarks, which were partisan, a woman, down in front, member there, just called
out above all the noise of the room, ``What about Judge Bork?'' And she got
great applause for saying that. And then the questions came. Was I going to
give in and try to please certain elements in the Senate? And I made that --
intended to be facetious answer to her. And so, as I say, it was -- sometimes
you make a facetious remark and somebody takes it seriously and you wish you'd
never said it, and that's one for me.
Q.
Mr. President -- --
The President. I said only two
questions now. And I want Judge Kennedy's family to come up here.
Q.
Can't you take some more questions, sir?
The President. What?
Q.
Can't you take some more questions?
Q.
Can't you take one or two more, Mr. President?
Q.
Just one or two?
The President. No, because there would
be no such thing as just one or two.
Q.
Judge Kennedy, can we ask you, are you concerned about this intense scrutiny
that seems to go to a Supreme Court nominee now?
Judge
Kennedy. I'm looking forward to the scrutiny that the Senate should give any
nominee in its discharge of its constitutional duty.
Q.
And you're not concerned about how you'd stand up, sir?
Q.
Judge Kennedy, are you worried or upset that you are, in effect, the third
choice for this seat?
Judge
Kennedy. I'm delighted with this nomination. [Laughter]
Q.
Mr. President, why didn't you nominate Judge Kennedy the first time?
Mr.
Fitzwater. Thank you very much.
Q.
Well, Marlin -- --
Q.
Would you like to answer that, sir?
Q. -- -- to preselected
reporters.
Q.
That's a good question, Marlin.
Q.
Can't the President answer for himself?
Q.
Do you like where the dollar is?
The President. I --
all three. We came down to a final three and that all three were so
close and so well-qualified, you could have almost thrown a dart going by that
decision.
Q.
Mr. President, do you believe that the Senate Democrats may try to stall this
nomination in order to prevent you from being able to fill that seat?
The President. I'm counting on Pete
Wilson to see that doesn't happen.
Q.
Mr. President -- --
Q.
Did you cave into the liberals, Mr. President? Some conservatives are saying
you caved into the liberals, appointing someone who can be confirmed, but not
appointing someone who is going to turn the Court around.
The President. When the day comes that
I cave in to the liberals, I will be long gone from here. [Laughter]
Q.
Judge Kennedy, did they ask you if you'd ever smoked marijuana?
Q.
Did you ever smoke marijuana?
Q.
Did they ask you?
Judge
Kennedy. They asked me that question, and the answer was no, firmly, no.
Q.
Mr. President, do you think conservatives, sir, will back this nominee? You
know, Senator Helms, at one point, is alleged to have said, ``No way, Jose,''
to Judge Kennedy.
The President. We'll find out about
that in the coming days ahead.
Q.
How can you be confident of the background check by Attorney General Edwin Meese's Justice Department when he blew the last one?
[Laughter]
The President. He didn't blow the last
one. We were talking the last time about a man who had been confirmed and who
had been investigated four times for positions in government.
Q.
Are you going to fire the FBI?
Q.
Who did blow it?
Q.
Do you blame Ginsburg for not telling -- --
Q.
Mr. President, who do you blame?
The President. I can't, Andrea.
[Andrea Mitchell, NBC News]
Q. Mr. Meese or Mr.
Baker?
Q.
Do you think the Russians are stalling on an INF agreement, sir? There's a
story that -- [laughter] -- there's a story that -- --
The President. Bye. [Laughter]
Note: The President
spoke at