
As liberal Justice Elena Kagan takes her place on the Supreme Court next week, she could thank
The New York Times for making her confirmation process smoother. Ever since Ronald Reagan nominated Robert Bork and he was rejected by the Senate in 1987 for his views and not his character or qualifications, confirmation battles for liberals have become less like judicial seminars and more like political campaigns.
For almost 20 years, in this new era of activist groups and activist reporters,
The New York Times has covered Supreme Court fights with a heavy finger on the scales of justice, tipping the balance. They have painted conservatives as highly controversial and dangerously ideological, while liberal nominees were presented as "brilliant" moderates who were only newsworthy in that they were often laudably "historic" choices, or, in Kagan's case, she was not only "brilliant," but "very funny, warm and witty."
For
Supremely Slanted,
Times Watch analyzed the arc of coverage over the last two decades and the last seven Supreme Court justices, from Clarence Thomas's nomination in 1991 to Elena Kagan's confirmation in 2010, and found stark differences in how the Times reported on the four Justices nominated by Democrats versus the three nominated by Republicans.
Times Watch examined every substantive
New York Times news story on each nomination, starting with the official presidential announcement and ending with the Senate vote confirming the nominee to the Supreme Court. Among the findings:
A stark pro-Democratic double standard in labeling:
- The Times demonstrated a 10-1 disparity in labeling "conservative" justices nominated by Republicans compared to "liberal" ones nominated by Democrats.
- In all, the three Republican-nominated justices were labeled "conservative" 105 times, while the four justices nominated by Democrats were labeled liberal on just 14 occasions.