Some would even argue that the court was actually

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Some would even argue that the Court was actually overdue. All of these factors, combined with a little luck assured her confirmation. The senate voted 99:0 to confirm; the only senator absent from the vote was an established supporter (Abraham 268). While O‘Connor‘s path to the Court is an interesting but covert one, David Souter is arguably even more of a stealth nominee. Souter‘s credentials and professional career clearly qualify him, but little was known about his jurisprudential philosophy. Described as ―unpretentious‖ and ―non - controversial,‖ Souter attended Harvard both as an undergraduate and as a law student his education there bifurcated by a brief stint at Oxford University on a Rhodes scho larship (―David‖). After graduating, he started working in a private firm, but soon found public sector work more suitable. In 1978, Souter started his judicial career on the New Hampshire state Superior Court, followed by the state Supreme Court, before being appointed to the United States First Circuit of Appeals (―David‖). Souter had only been on the Court of Appeals for three months and had not written anything when President H.W. Bush nominated him to the United States Supreme Court (Abraham 290). Considering the Bork fiasco, Bush needed to find a candidate that appealed to conservative and liberal senators alike. Such a candidate would need to appear politically moderate and lack any sort of condemning written record. Souter fit that profile; he was ―‗conservative enough to allay right -wing suspicions that he ha[d] been insufficiently 15 President Richard Nixon considered nominating Lillie to the Supreme Court in 1971.
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39 sympathetic to their causes but at the same time unknown enough to keep liberals from finding anything on which to hand another bruising confirmation fight‘‖ (―David‖). In fact, most left-wing interest groups were slow to respond to the nomination not only because of Souter‘s lack of record, but also because they feared losing their valuable credibility if they initiated another knee-jerk, Bork-like attack (Morganthau). The slow, low-key involvement of interest groups and lack of a written record made identifying Souter difficult for senators on both sides of the aisle. This made everyone a little nervous; the goal of any Senate Judiciary Committee hearing is to determine where a nominee stands on critical issues, such as abortion, 16 and Souter gave no indication in any of his past cases or written opinions from state court decisions to make that evaluation any easier. In fact, during his hearings, Souter carefully navigated through and successfully avoided all questions regarding specific cases, but he would answer and concede a little of his philosophy on doctrinal-type questions. These answers gave something to both camps: Souter supported the idea of enumerated rights (where the right to privacy is found), which Democratic senators use as their litmus test, but also repeatedly said he
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