Fact Check: Did George W. Bush Nominate a Black Woman to the Supreme Court in 2003?

No. He did nominate Janice Rogers Brown for a seat on the D.C. Circuit Court of Appeals.

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Viral social media posts claim that Republicans were the first to nominate a black woman to the Supreme Court in 2003 but then-Sen. Joe Biden filibustered her nomination. 

There were no Supreme Court nominations put forth by President George W. Bush in 2003. Bush didn’t have an opportunity to nominate any justices until 2005 when Justice Sandra Day O’Connor announced her retirement and then-Chief Justice William Rehnquist passed away. 

Bush nominated three individuals for the Supreme Court, none of whom are black women: Chief Justice John Roberts, Justice Samuel Alito, and Harriet Miers. Miers served as White House counsel, and asked Bush to withdraw her nomination to the Supreme Court after bipartisan concern over her lack of experience as a judge.

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  1. Avatar photo
    The Bell Tower

    “none of whom are black women”

    Unless Alec is a biologist, I don’t know how we can be expected to trust his evaluation.

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  2. Avatar photo
    Victor Clairmont

    Thank you for the fact check!

    Also, shout out to Miguel Estrada who was blocked!

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  3. Avatar photo
    Bill Dyer (aka Beldar)

    And don't get me started on Miguel Estrada, whom I believe would be Justice Estrada today but for Harry Reid & Co.'s cynical hypocrisy.

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    Show Jay Janney the 🚪!

    If only Harry Reid had invoked the nuclear option 15 years sooner!

    I'm sure scrappin' Joe felt it was a thankless job, almost like puttin' her in chains....He did it for her sake, I'm sure.

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    1. Avatar photo
      Bill Dyer (aka Beldar)

      All those Senate Judiciary Committee confirmation hearings in which Biden beclowned himself — which is to say, 100% of the hearings he attended — are still bouncing around the interwebs, mostly from C-SPAN. You have to give him due credit for consistency. No U.S. Senator did more than Joe Biden to spur the growth and sustained attention of the American conservative legal movement, post-Bork, than Joe Biden— not Teddy Kennedy, nor even Reid. I'd say Kennedy and Biden started the bridge burning, Biden and Reid fed the fires and started other bridges burning, and Reid burned the last bridge while Biden was twiddling his thumbs as Veep.

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      1. Avatar photo
        Victor Clairmont

        Ted Kennedy though, was horrifying when he came out at the start of the Bork hearings and just literally assassinated Bork's character.

        It's one thing to disagree with a man on his idea's, or him carrying out his duties under Nixon, but the outright assault would set the precedent that many democrats since then have used to try and kill nominee's from Clarence Thomas to Brett Kavanaugh.

        The "Robert Bork's America" speech. Looking back, it was really bad and a turning point in these hearings.

        But yes, Joe Biden has been there for every moment and also, flipped flop on them too.

        Especially the Clarence Thomas hearings when it became politically expedient during his presidential run that it was more favorable to believe the accuser, than the man who was accused and that Biden himself personally oversaw the event and thought at the time Anita Hill was not credible and completely wrong or making things up.

        Power does change peoples mind quicker than most I guess.

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