After
Byron White announced his retirement on March 19, 1993, Clinton began a weeks-long journey through consideration of an unusually large number of candidates. The name that came up that interested Clinton the most was that of New York Governor
Mario Cuomo. Clinton offered White's seat first to Cuomo, who initially had told confidants that he was willing to take the seat, but then changed his mind and faxed Clinton a letter telling him that his duty to residents of his state was more important than his desire to serve on the court.
Clinton then considered a list of "firsts" for diversity purposes:
David Tatel, a Washington lawyer who had served in the Carter Administration who would be the first blind justice;
José A. Cabranes, a district court judge who would be the first Hispanic justice, and D.C. Circuit judge
Ruth Bader Ginsburg, who, Stephanopoulos writes, "would be the first Jewish justice since Abe Fortas, and the first woman to be appointed by a Democrat. More important, she was a pioneer in the legal fight for women's rights—a female Thurgood Marshall."
[7][8] In addition, Ginsburg was noted as moderate-to-conservative on criminal matters and had a different rationale for supporting
Roe v. Wade than most liberals: she considered laws banning abortion a form of sex discrimination rather than a violation of privacy. Hatch told Clinton that he would support Ginsburg as well.
[6]
At that point, however, Cuomo's oldest son who served as an official in the Clinton Administration,
Andrew Cuomo, contacted Clinton's staff to inquire if the President had made a final decision yet. Mario Cuomo, his son said, believed that Clinton was about to name Breyer to the court and as a result thought that Clinton would not name two white males in a row. As such, the governor believed that his own chances were now or never. Clinton still was interested in nominating Cuomo, telling his staff that the governor "will sing the song of America. It'll be like watching Pavarotti at Christmas time." Clinton then interviewed Ginsburg, and then took a phone call from Cuomo, who backed out of consideration for a second time. The next day, on June 15, 1993, Clinton announced that he had chosen Ginsburg.
[6] The Senate confirmed Ginsburg in a 96–3 vote on August 3, 1993.
[10] Senators
Jesse Helms (R-NC),
Don Nickles (R-OK) and
Bob Smith (R-NH) voted against the nomination.
Donald Riegle (D-MI) did not vote.
[10]
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