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In the fall of 1987, President Ronald Reagan's second attempt to fill a Supreme Court vacancy unraveled due to a revelation about the nominee's past. The nominee, Douglas H. Ginsburg, was a respected judge on the U.S. Court of Appeals for the District of Columbia Circuit. However, just days after his nomination was announced on October 29, 1987, reports surfaced that he had used marijuana during his time as a student and later as a law professor at Harvard.
The disclosure proved to be politically damaging in the context of the Reagan administration's prominent "War on Drugs" campaign. The news created a significant controversy, and under pressure from conservative allies, Ginsburg withdrew his name from consideration on November 7, 1987, only nine days after being nominated. In his withdrawal statement, he acknowledged his past mistake and expressed regret, stating that the discussion of his qualifications had been "drowned out in the clamor" over the marijuana issue.
This turn of events came after the Senate had already rejected Reagan's first choice for the seat, Robert Bork, after a contentious confirmation battle. Following Ginsburg's withdrawal, President Reagan nominated Anthony M. Kennedy, who went on to be confirmed by the Senate the following year. Ginsburg continued to serve on the Court of Appeals for many years, including a period as its chief judge. The episode is often remembered as a notable intersection of personal history and public service expectations in the judicial nomination process.
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