Confirmation

---

(CRACKLING)

I today announce my intention

to nominate United States

Court of Appeals Judge Robert H. Bork

to be an Associate Justice

of the Supreme Court.

The drumbeat continued today

from both camps

in the pitched battle

over the President's nomination

of Judge Robert Bork to the Supreme Court.

The lobbying is having an effect

with the Senate mailroom

reported days behind

under a deluge of mail on Bork.

REPORTER:
Mr. President, looks like the

Bork nomination will fail in the Committee.

Over my dead body,

The yeas are 42. The nays are 58.

The nomination is not confirmed.

If we intend to turn

the United States Supreme Court

into an election process,

let's change the Constitution,

and let's elect a Supreme Court judge

of the United States.

I, George Herbert Walker Bush,

do solemnly swear

that I will faithfully execute the office

of President of the United States.

REPORTER:
Thurgood Marshall,

the Supreme Court's

first and only black justice,

announced his retirement today,

In a letter to President Bush, Marshall said,

"The strenuous demands

of court work appear at this time

"to be incompatible with

my advancing age and medical condition."

FEMALE REPORTER:
President Bush

said today his nomination

to replace retiring

Supreme Court Justice Thurgood Marshall

could come in a few days,

but should that person be black?

MALE REPORTER 2:
A minority appointment

could certainly neutralize

a lot of potential opposition.

FEMALE REPORTER 2:

Marshall warned that the emphasis on race

in choosing his successor

might have negative results.

My dad told me way back

that you can't use race.

For example, there's no difference

between a white snake and a black snake.

- They'll both bite.

- (SHUTTER CLICKS)

MALE REPORTER 3:
This is a special report.

We are told the President

is going to announce

his nominee to the Supreme Court.

Well, I am very pleased to announce

that I will nominate Judge Clarence Thomas

to serve as Associate Justice

of the United States Supreme Court.

Clarence Thomas fits my description

of the best man at the right time.

BERNARD SHAW:
President Bush has

moved to cement the conservative majority

on the United States Supreme Court

by nominating federal judge Clarence Thomas

to fill the seat left vacant by the

retirement of Justice Thurgood Marshall.

As with Marshall, Thomas is a black man,

a man born to poverty in a segregated South,

a man who benefited from

the legal legacy of Justice Marshall.

The more that people see

and hear of Clarence Thomas,

the more they will be persuaded

that his brand of integrity

and independence and common sense

is exactly what we need in this time.

MALE REPORTER 4:
In New York City today,

several thousand demonstrators

protested against the Supreme Court decision

restricting abortion counseling

and urged Congress to reject

President Bush's nomination of

Clarence Thomas to the Supreme Court.

Clarence Thomas is an insult

to the life and legacy of Thurgood Marshall

- and everything he stood and worked for.

- (CROWD CHEERING)

FEMALE REPORTER 3: At a national gathering

of civil rights activists in Memphis,

black leaders are vocal in their reaction

to the Supreme Court nominee.

Simply to appoint a black person

doesn't make it right.

We have to Bork Thomas.

We don't wait for questions.

We simply immediately Bork him,

kill him politically,

and kill Bush in the meantime.

(TELEPHONE RINGING)

Ricki Seidman.

NAN:
Hey, Ricki,

it's Nan at the Alliance For Justice.

You know that thing

we've been hearing all summer

about how Thomas treated women

who worked for him?

- Yeah.

- I finally found a name.

In 1946, a black woman

wanted to study law here

at the University of Oklahoma.

At the time, it was illegal

for blacks and whites

to study together in this state,

so Miss Sipuel sued.

- SHIRLEY:
What are you gonna do?

- ANITA:
Nothing.

You don't want to say anything?

This man could end up on the Supreme Court.

At the EEOC,

I saw women have their lives ruined

because they spoke out against

a manager at a diner.

What do you think would happen to me?

Okay.

Lots of people will fight this nomination.

It doesn't have to be me.

Okay.

(DOOR BELL RINGS)

- Clarence Thomas?

- Yes.

There you go.

- JACK:
There he is.

- (LAUGHING)

- There is the man of the hour.

- None of this...

Now, what did I tell you?

What did I tell you 20 years ago?

You said, "Come work for me,

- "and I'll only pay you $11,000 a year."

- (LAUGHING)

What I said was... What I said was,

you have a huge future ahead of you.

Judge Clarence Thomas appears

headed for confirmation

to the Supreme Court.

I think he'll be confirmed.

I think he should be confirmed.

We'll find it

intellectually stimulating hearings,

but I don't see many fireworks.

(INDISTINCT CONVERSATIONS)

Clarence, Ginni. First day of the hearings.

How you feeling?

- Good. Glad to finally be here.

- Good. Good.

KEN:
Now just remember,

some of these Democrats

on the Committee are gonna be a hard sell.

Worst case scenario,

seven of them vote against you.

That still leaves seven voting for you.

And a tie takes you to the full Senate.

We're in great shape.

Even with the Democratic majority?

Ginni, we only need 50 votes.

At last count, we had 60.

And as popular as the President is,

number could even go up higher,

so don't worry if you catch a little heat

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