47 Congress however has given the President pretty much free rein in selection

47 congress however has given the president pretty

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47 Congress, however, "has given the President pretty much free rein.., in selection of cabinet members and other top appointees." 48 In fact, when former Texas Senator John Tower was rejected as President Bush's Defense Secretary, he was only the ninth cabinet nominee rebuffed by the Senate in 200 years. 49 One reason why the president is given "wide latitude in the selection of members of his cabinet... [is] that if he is not given a free hand in the choice of his cabinet, he cannot be held responsible for the administration of the executive branch." 5 0 example, when President Clinton, a longtime friend of Guinier, announced that he was withdrawing her nomination, he asserted that he had not read Professor Guinier's legal writings. The President stated that had he read them, he would not have nominated Guinier. See Ruth Marcus, Clinton Withdraws Nomination of Guinier; Legal Writings Controversy Dooms Choice, WASH. POST, June 4, 1993, at Al. Granted, a president cannot be expected to read everything a nominee has written. Someone in the Clinton administration had read Guinier's articles, however, and should have given the President a general idea of Guinier's views. Having noted that fact, President Clinton still seems to have wavered in his support for Guinier. For example, a month before withdrawing her nomination the President had "suggested that [Guinier's] writings were irrelevant because civil rights policy would be made by him and [Attorney General Janet] Reno." Id. at All. At best, the botched nomination was the result of staffers not properly informing the President. At worst, the President failed to support his nominee. The second hypothesis has been alleged by several commentators. See, e.g., Karen Grigsby Bates, Scene 2, Take 3: Mr. Bill Learns to Count to 1,000%, L.A. TIME, June 6, 1993, at M5 (stating that Clinton's claim that he had never read any of Guinier's writings was a "slightly more sophisticated version of 'The dog ate my homework'"); see also Leslie Phillips & Bill Nichols, Clinton Pulls Rights Nominee, USA TODAY, June 4-6, 1993, at IA (quotingJesse Jackson saying: "If President Clinton and Senate Democrats had stood by Lani as President Bush and the Republicans stood by Clarence Thomas, she would be confirmed"). A comparison of President Bush's support of Clarence Thomas, despite vehement opposition from various interest groups and claims of sexual harassment, lends support to these allegations. SeeJessica Lee, Bush Doesn't Waiver on Thomas, USA TODAY, Oct. 10, 1991, at 3A (quoting President Bush's response to questions about Anita Hill's charges of sexual harassment by Thomas: "'Any question you ask me is going to be answered by saying, I support Clarence Thomas .... There's no wavering. There's no condition. That's where it is and that's where it's going to stay!'"). But cf. Marcus, supra, at Al (quoting President Clinton as stating: "'I cannot fight a battle that I know is divisive, that is an uphill battle, that is distracting to the country ....
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