[Public Papers of the Presidents of the United States: William J. Clinton (1994, Book I)]
[April 6, 1994]
[Pages 597-599]
[From the U.S. Government Publishing Office www.gpo.gov]



Remarks on the Resignation of Supreme Court Justice Harry A. Blackmun 
and an Exchange With Reporters
April 6, 1994

    The President. Good morning. It is my duty and my honor on behalf of 
the people of the United States of America to thank Justice Blackmun for 
his lifetime of service to our Nation.
    I have received his letter announcing his intention to step down 
from the Supreme Court. In so doing, he will step up into our history. 
During his 24 years on our highest court, Justice Blackmun has become 
part of the rich and evolving story of American justice and 
constitutional law with majesty and reason, with scholarship and grace. 
He is a good man who has earned the respect and the gratitude of every 
one of his fellow countrymen and women.
    When President Nixon nominated Harry Blackmun for service on the 
Court, his candidacy naturally occasioned a great deal of speculation 
about what kind of Justice he would be. Some labeled him a strict 
constructionist. But he rejected any attempt to tag him with a label, 
saying, and I quote, ``I've been called

[[Page 598]]

liberal and conservative. Labels are deceiving. I call them as I see 
them.'' Twenty-four years later, we can say that he did exactly what he 
said he would do 24 years ago.
    It was President Woodrow Wilson who called our judiciary ``the 
balance wheel of our entire system.'' It is meant to maintain the nice 
adjustment between individual rights and Government powers which 
constitutes political liberty. Harry Blackmun has been a steady and 
strong hand on that balance wheel.
    In cases argued before him, he found the human dimension and struck 
the right balance in the struggle over how we might best overcome our 
legacy of racism, in protecting the women's reproductive rights, in 
providing poor people and sick people access to the lowest priced 
prescription drugs, in opening the courthouse doors to the mentally ill 
and upholding tough sentencing guidelines that keep hardened criminals 
confined in prison, in averting a constitutional crisis by voting with a 
united Court to tell the President who appointed him to obey the law.
    Those of us who have studied the law can at times be lost in its 
abstractions. The habits, the procedures, the language of the law can 
separate lawyers from the people who look to the bar for justice. 
Justice Blackmun's identification was firmly and decisively with the 
ordinary people of this country, with their concerns. And his humanity 
was often given voice not only in majority opinions but in his dissents.
    When he stood apart from the Court and aligned himself with an 
abused son against a violent parent and an indifferent child welfare 
agency, he appealed to the Court, ``What is required of us is moral 
ambition. Poor Joshua. It is a sad commentary upon American life and 
constitutional principles that Joshua and his mother are denied by this 
Court the opportunity to have their rights protected.'' As he promised, 
his opinions defied labels. Only the word ``justice'' applies. Justice 
has not only been his title, it has been his guiding light.
    Consider the history of which he has been a part. His tenure on the 
Court of Appeals and the Supreme Court extended through the terms of 
nine Presidents. Fewer than 110 Americans have served on the Supreme 
Court, and Justice Blackmun served with 17 of them. Of the Judiciary 
Committee members who unanimously approved his nomination, including 
strong people in the Senate like John McClellan and Sam Ervin, Phil 
Hart, Hugh Scott, Mack Mathias, only three remain, Senators Kennedy, 
Byrd, and Thurmond. He's been part of a very lively period in American 
history. And he has served us well.
    Let me also say on a personal note, one of the most rewarding 
experiences of my public life and my personal life has been the 
opportunity that Hillary and I have had to get to know Harry Blackmun 
and his wonderful wife, Dotty, who is here with us today. I have seen 
his passion in a private way for the people of this country, for its 
history, for its leaders, for its institutions, for its laws, for 
holding us together and moving us forward.
    I can only say that every one of us who serves in any capacity in 
public life would do very well by the people of the United States if we 
could bring to our work half the integrity, the passion, and the love 
for this country that Justice Blackmun has given us on the United States 
Supreme Court for 24 years. And I thank him very much.

[At this point, Justice Blackmun made brief remarks.]

Supreme Court Nomination

    Q. Mr. President, these are such large shoes to fill. Have you 
thought about the kind of person you would want? And if we could take 
you back to politics and the practical nature of politics, would it be 
possible, for instance, to elevate someone from the Senate, such as 
George Mitchell, without jeopardizing your program, such as health care?
    The President. Well, today I'd like to make just one statement about 
that because I think today should be Justice Blackmun's day. We'll have 
a lot of time in the days ahead to discuss this.
    The shoes are large. The role that he has filled on this Court is 
terribly important. I will attempt to appoint someone of genuine stature 
and a largeness of ability and spirit to the Court. I will try to do it 
in a timely fashion, in an appropriate and timely fashion, that is, 
within a reasonable amount of time. But I want to make sure that we have 
reviewed the appropriate options, and I will do that.
    And I think we'll have lots of time to talk about it in the days 
ahead. But I just don't think I should say much more today. I think this 
should be Justice Blackmun's day.

[[Page 599]]

Roe v. Wade

    Q. Mr. President, Justice Blackmun has been known for his commitment 
to the decision in Roe versus Wade that legalizes abortion. How 
important is it for the Supreme Court to keep that philosophy toward the 
right to abortion? And I wondered if Justice Blackmun might say a few 
words about where he thinks the Court might be headed on that issue.
    The President. Well, I don't know if he wants to talk about it. You 
know, of course, that I agree with the decision, and I think it's an 
important one in a very difficult and complex area of our Nation's life. 
But again, I don't want to talk about the appointment of a new Justice 
today.
    Q. Justice Blackmun, could you say a few words about Roe versus 
Wade, what it's meant and why you think that it has been an important 
decision for our country?
    Justice Blackmun. I didn't hear that. Can you repeat it?
    Q. I'm sorry. Could you say a few words about the decision in Roe 
versus Wade and about why you think it's been important for women in 
this country, your continued commitment to it, and where you think the 
Court might be headed on it?
    Justice Blackmun. Well, I didn't come in here to indulge in a 
question-and-answer session, but I'll try to answer that. Roe against 
Wade hit me early in my tenure on the Supreme Court. And people forget 
that it was a 7-to-2 decision. They always typify it as a Blackmun 
opinion. But I'll say what I've said many times publicly: I think it was 
right in 1973, and I think it was right today. It's a step that had to 
be taken as we go down the road toward the full emancipation of women.

Supreme Court Nomination

    Q. Mr. President, I take it you've had some advance warning that 
this might be coming. Could you give us some sense of how much 
opportunity you've had to get your process started and how far along it 
might be?
    The President. Well, I spoke a little this morning with our staff 
about it. We will have, I think, a good process that will involve Mr. 
Cutler, the White House Counsel, the Attorney General, Mr. McLarty, and 
Mr. Lader, who's been overseeing our personnel operations. And I think 
it will proceed in a very deliberate way. You know, Justice Blackmun 
referred in his letter to a conversation we had several months ago 
indicating that he might--or that he intended to leave at some time 
during this year or announce his intention. I, frankly, kept hoping he 
would change his mind. But I think we are prepared, and I think we 
proceed forthwith.
    Q. Mr. President--this is for Justice Blackmun. I thought you had 
taken the public decision that your doctors would tell you when it was 
time to go. That having been so, can you say how you reached your 
decision to retire? And would you add to that how you can get along 
without a daily fix of hate mail? [Laughter]
    Justice Blackmun. I missed the punch line.
    The President. He asked how you were going to get along without your 
daily fix of hate mail.
    He offered to take some of mine. [Laughter]
    Justice Blackmun. I think the President and I have a lot to share in 
those hate mail things, but we'll see. We'll let the future take care of 
itself. I'm advised there's a vacancy on the 8th Circuit I think I'll 
apply for. I'll be turned down, I know. [Laughter]
    Q. Mr. President, it took you 3 months the last time. Will it take 
you that long this time?
    The President. Thank you. Let's go.

Note: The President spoke at 10:34 a.m. in the Roosevelt Room at the 
White House.