Why Presidents Can Pick Supreme Court Justices — But Can’t Control Them (Episode 19)
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Why Presidents Can Pick Supreme Court Justices — But Can’t Control Them (Episode 19)
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A president gets to nominate a Supreme Court justice. The Senate confirms them. And then something remarkable happens: the justice never has to answer to that president again.
Donald Trump has publicly expressed frustration with Supreme Court justices he appointed after they ruled against positions he supported. But presidential disappointment with “their” justices is hardly new.
More than a century ago, Theodore Roosevelt was furious when his own appointee, Oliver Wendell Holmes Jr., went against him in one of the great trust-busting battles of the Progressive Era. Dwight Eisenhower would later regret two of the most consequential appointments of his presidency. Richard Nixon discovered that even a Court reshaped by Republican presidents could ultimately help bring down a Republican president.
In this episode of The Roger Retrospective, we travel from Teddy Roosevelt to Eisenhower, Nixon and Trump to explore one of the ingenious—and occasionally infuriating—features of the American constitutional system: presidents choose Supreme Court justices, but once those justices put on the robe, the president loses control.
And that may be exactly what the Founders intended.
Today’s world, through the lens of history.