Douglas Ginsburg withdrew his nomination to the court in 1987 amid revelations that he had smoked marijuana. Within a few years, that was no longer a fatal flaw. Our last three presidents have smoked pot, as has at least one current justice, Clarence Thomas. When Thomas was nominated only four years after the Ginsburg debacle, the White House confirmed that Thomas had smoked marijuana "several times" in college and "perhaps once" in law school. "We believe this matter is inconsequential," said White House spokeswoman Judy Smith, and she turned out to be right.
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