Supreme Revenge

For much of recent American history, Supreme Court confirmations were relatively orderly affairs, based mostly on the legal qualifications of the nominee. However, Republicans and Democrats eventually realized that these lifetime appointments could have seismic effects, particularly regarding issues relating to the "culture wars." Filmmaker Michael Kirk’s PBS-aired Frontline documentary examines the toxic process of today's confirmation hearings, which has its roots in the late 1980s, when Reagan nominated Robert Bork, an outspoken, combative conservative. Led by Sen. Edward Kennedy, Senate liberals grilled Bork on his views, which assumed more importance than his obvious legal qualifications. Bork enjoyed the "no holds barred" chance to air his ideas, and further alienated some senators by calling his appointment an "intellectual feast," as opposed to a chance to seek justice or help people. He was rejected, creating lasting bitterness on the Republican side, particularly with a young senator named Mitch McConnell. The term "borked" (read: screwed) was coined, and McConnell vowed that conservatives would be prepared next time. When legal lion Thurgood Marshall retired, conservative justice Clarence Thomas was sailing smoothly to confirmation until Anita Hill's allegation of sexual harassment led to dramatic TV hearings. Conservatives swung into action, and Thomas angrily claimed that a "high-tech lynching" was being conducted. Sensational charges were levied on all sides, but in the end Thomas was confirmed. Democrats were outraged when McConnell blocked any consideration of Obama's nomination of Merrick Garland in the last year of his presidency, holding the nomination open for a possible Republican president. Later, Trump's nomination of Brett Kavanaugh led to unexpected claims of a decades-old sexual assault on a classmate, spurring fiery clashes on the polarized judicial committee. The documentary also covers the birth of the powerful conservative Federalist Society, which vets court candidates, the court's influence on abortion cases, and other hot button issues (including their role in deciding the 2000 presidential election). All in all, the film makes clear that the stakes couldn't be higher in the future. Recommended. Aud: H, C, P. (S. Rees)