George W. Bush, the Supreme Court, and the Pursuit of “Big Government Conservatism” in Federal Personnel Management

Abstract

Ironically, by the end of the first year of the Obama administration, President George W. Bush appears to have gained an indirect impact on public personnel policy through his appointments of Chief Justice John Roberts and Justice Samuel Alito. In cases involving public personnel issues, both jurists have supported Bush’s preferences with respect to strict construction, executive power, and the use of racial and ethnic preferences. With one Obama appointee on the Supreme Court and another nominated, the prospects for the durability of that legacy in pursuit of “big government conservatism” are unclear. Nevertheless, this article’s analysis of Bush’s appointment “power in use” comports with findings regarding judicial appointee loyalty to presidential agendas that have emerged in recent years. It also suggests that further research on presidential appointments of federal judges and justices is needed and may demonstrate that the appointment power is an important determinant of public sector personnel policy in the United States.