How Current Senators Voted On Clarence Thomas In 1991

With the Drudge Report indicating that the Bush administration is considering the possibility of elevating Justice Clarence Thomas to Chief Justice (should Justice William Rehnquist resign), one cannot help but remember the contentious confirmation battle that occurred in 1991. How did the Senators, still serving in the Senate today, vote back in 1991? Campaign Line takes a closer look.

In total, there are currently 40 Senators who were in the 102nd Congress when it voted on Clarence Thomas' nomination to the Supreme Court to replace Justice Thurgood Marshall. However, of these, five Senators will be leaving Congress once the 109th Congress begins on January 3, 2005. Of these five Senators, three voted yes: Senator John Breaux (D-LA), Senator Ernest Hollings (D-SC), and Senator Don Nickles (R-OK). Two voted no: Senator Tom Daschle (D-SD), and Senator Bob Graham (D-FL).

Of the remaining 35, 14 voted yes, and 21 voted no. The fourteen Senators who voted to confirm Clarence Thomas were:

Kit Bond (R-MO), Conrad Burns (R-MT), Thad Cochran (R-MS), Larry Craig (R-ID), Chuck Grassley (R-IA), Orrin Hatch (R-UT), Trent Lott (R-MS), Richard Lugar (R-IN), John McCain (R-AZ), Mitch McConnell (R-KY), Richard Shelby (D-AL), Arlen Specter (R-PA), Ted Stevens (R-AK), and John Warner (R-VA).

Then a Democrat, Richard Shelby switched to the Republican Party after it assumed control of the Senate in 1994.

The 21 Senators to vote against Justice Thomas' confirmation were:

Daniel Akaka (D-HI), Max Baucus (D-MT), Joseph Biden (D-DE), Jeff Bingaman (D-NM), Robert Byrd (D-WV), Kent Conrad (D-ND), Christoper Dodd (D-CT), Tom Harkin (D-IA), Daniel Inouye (D-HI), James Jeffords (R-VT), Ted Kennedy (D-MA), John Kerry (D-MA), Herbert Kohl (D-WI), Frank Lautenberg (D-NJ), Carl Levin (D-MI), Joseph Lieberman (D-CT), Barbara Mikulski (D-MD), Harry Reid (D-NV), Jay Rockefeller (D-WV), Paul Sarbanes (D-MD).

Of these 21, all were Democrats except for James Jeffords - then a Republican, and now an Independent.

Additionally, three Senators who voted on Clarence Thomas' confirmation in 1991 now have sons or daughters in the Senate. The three are Lincoln Chafee (R-RI), Lisa Murkowski (R-AK), and Mark Pryor (D-AR). Lincoln Chafee's father, John, voted for Thomas' confirmation, as did current Alaska Governor and former Senator, Frank Murkowski. Mark Pryor's father, Senator David Pryor, voted against Thomas' confirmation. Of these three, the most likely to vote differently from their father is likely Lincoln Chafee, who has clearly indicated that he is not in line with the rest of his party. Thomas' conservatism alone would make Chafee a likely "Nay" vote. While John Chafee was no conservative himself, he was consistently more loyal to the Republican Party in the Senate than Lincoln has been.

Aside from Lincoln Chafee, would any other Senators possibly cross party lines on a Chief Justice confirmation vote? Perhaps most likely to cross the aisle would be Senator Ben Nelson, a fairly conservative Nebraska Democrat, who must defend his seat in 2006. Incoming Colorado Senator Ken Salazar also has a reputation for being moderate. Having just been elected from a "red state," Salazar might buck party leadership on what would surely be a contentious vote.

On the GOP side, Senators Susan Collins and Olympia Snowe are moderate, but there is no indication that they would vote against Thomas. Moderate Republican Senator Arlen Specter has cautioned the President to avoid extreme judges, but his support of Clarence Thomas in 1991 (contrary to his opposition to Robert Bork in 1987) indicates that he would likely give him the same support again. Indeed, if Specter serves as Judiciary Committee Chairman, his support would be crucial to any effort to make Thomas the next Chief Justice.

What other Senators voted against party lines in the 1991 roll call vote? Aside from John Breaux, Ernest Hollings, and Richard Shelby, the following Democrats voted in favor of Thomas' confirmation: David Boren (D-OR), Dennis DeConcini (D-AZ), Alan Dixon (D-IL), James Exon (D-NE), Wyche Fowler (D-GA), John Johnston (D-LA), Sam Nunn (D-GA), and Chuck Robb (D-VA). That's 11 total - quite a bit of bipartisanship by today's standards!

For the GOP, aside from James Jeffords, only Bob Packwood (who ironically, later became embroiled in his own sexual harassment scandal) voted against Thomas' confirmation.

Other interesting notes: Current United Nations Ambassador John Danforth, a former GOP Missouri Senator, voted for Thomas, as did Clinton Defense Secretary William Cohen (R-ME). Then Senator Al Gore (D-TN) voted against Thomas' confirmation, along with 2000 Democratic primary opponent, Bill Bradley (D-NJ). Finally, current Disney Chairman and former Senator and majority leader, George Mitchell (D-ME), also voted against Thomas.

[UPDATE: The folks over at The Corner have indicated that in his autobiography, Senator Specter expressed disappointment over Justice Thomas' conservative record. While this casts some doubt upon where Specter's allegiances would lie, Campaign Line still believes that Specter would likely support Clarence Thomas for Chief Justice (especially given the recent scrutiny Senator Specter has faced from opponents who do not want to see him Chair the Senate Judiciary Committee).]