Speculation abounded over potential nominations to the Supreme Court of the United States by George H. W. Bush even before his presidency officially began, given the advanced ages of several justices.
On July 20, 1990, this speculation became newsworthy, due to the announcement of the immediate retirement (and assumption of senior status) of Associate Justice William J. Brennan, Jr. President George H. W. Bush announced David Souter as Brennan's replacement just four days later, and Souter was confirmed by the United States Senate on October 2, 1990, in a 90–9 vote.
On June 27, 1991, Associate Justice Thurgood Marshall announced his retirement (and assumption of senior status), effective October 1, 1991. President George H. W. Bush announced Clarence Thomas as Marshall's replacement just five days later. After a confirmation process filled with allegations of sexual harassment, Thomas was confirmed by the United States Senate on October 15, 1991, in a 52–48 vote.
Throughout much of the history of the United States, the Supreme Court of the United States was clearly the least powerful branch of the government, just as is often considered the Founding Fathers' intention, and nominations to that body, although important, were not the source of great political controversy as they are today. Furthermore, Bush's Supreme Court nominations came shortly after the controversial and failed nomination by President Ronald Reagan of Robert Bork to the Supreme Court in 1987.
Bush showed less interest in issues relating to the Supreme Court than other presidents before and after him. Upon Souter's nomination, Bush made clear that he had no litmus test for court appointees. "You might just think that the whole nomination had something to do with abortion," Bush told reporters upon nominating Souter. "It's something much broader than that. I have too much respect for the Supreme Court for that."