Harold Carswell
Encyclopedia
George Harrold Carswell (December 22, 1919 – July 13, 1992) was a Federal Judge and an unsuccessful nominee to the United States Supreme Court. He did not use his first name and was called by his middle name, Harrold.
, graduated with a B.A.
from Duke University
in 1941, and briefly attended the University of Georgia School of Law
before joining the United States Navy
. He served as a lieutenant
in the Naval Reserve and was discharged in 1945 at the end of World War II
. Carswell completed his legal education at the Walter F. George School of Law
of Mercer University
in 1948. Griffin B. Bell, 72nd Attorney General of the United States, was a classmate at Mercer.
In 1948, Carswell unsuccessfully ran for a seat in the Georgia state legislature. He then moved to Tallahassee
, Florida
, where he worked as a private attorney in from 1948 to 1953. Carswell served as United States Attorney
for the Northern District of Florida from 1953 to 1958.
by President Dwight D. Eisenhower
on March 6, 1958, to a seat vacated by Dozier A. DeVane
. He was confirmed by the United States Senate
on March 31, 1958, and received commission on April 10, 1958. He served as chief judge from 1958 to 1969.
Carswell was nominated by President Richard M. Nixon on May 12, 1969, to a new seat on the United States Court of Appeals for the Fifth Circuit
created by 82 Stat. 184. He was confirmed by the United States Senate on June 19, 1969, and received commission on June 20, 1969.
was rejected by the U.S. Senate for an appointment to the United States Supreme Court, President Richard Nixon
nominated Carswell to be an Associate Justice of the Supreme Court to replace Justice Abe Fortas
. Carswell was praised by Southern Senators
including Richard B. Russell, Jr.
, but was criticized by others for the high reversal rate (58%) of his decisions as a District Court Judge.
Civil-rights advocates questioned his civil rights
record, citing his voiced support for racial segregation
during his unsuccessful election bid in 1948, while feminists accused him of being an opponent of women's rights
. Various feminists, including Betty Friedan
, testified before the Senate, opposed his nomination and contributed to his defeat.
In defense against charges that Carswell was "mediocre", U.S. Senator
Roman Hruska
(Republican, Nebraska) stated:
The remark was criticised by many and is believed to have backfired and damaged Carswell's cause.
On April 8, 1970, the United States Senate
refused to confirm Carswell's nomination to serve on the Supreme Court. The vote was 51 to 45. 17 Democrats
and 28 Republicans
voted for Carswell. 38 Democrats and 13 Republicans voted against him. President Richard Nixon
accused Democrats of having an anti-Southern bias as a result saying, "After the Senate’s action yesterday in rejecting Judge Carswell, I have reluctantly concluded that it is not possible to get confirmation for the judge on the Supreme Court of any man who believes in the strict construction of the constitution as I do, if he happens to come from the South."
Nixon then nominated Minnesota judge Harry Blackmun
to fill the Fortas vacancy. Blackmun was later easily confirmed in a 94–0 vote.
from Florida, losing in the Republican Party primary by a large margin to U.S. Representative William Cramer, who went on to lose the general election to Democrat Lawton Chiles
.
In 1976, Carswell was arrested and convicted of battery
for advances he made to an undercover police officer in a Tallahassee, Florida
men's room. In September 1979 Carswell was attacked and beaten by a man whom he'd invited to his Atlanta hotel room in similar circumstances. Because of these incidents, Keith Stern, author of Queers in History
, alleges him to be the first homosexual or bisexual nominated to the Supreme Court. Carswell subsequently withdrew from public life.
He returned to private practice before retiring. He died in 1992.
Early years
Carswell was born in Irwinton, GeorgiaIrwinton, Georgia
Irwinton is a city in Wilkinson County, Georgia, United States. The population was 583 at the 2010 census. The city is the county seat of Wilkinson County.-Geography:Irwinton is located at ....
, graduated with a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Duke University
Duke University
Duke University is a private research university located in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present day town of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco industrialist James B...
in 1941, and briefly attended the University of Georgia School of Law
University of Georgia School of Law
The University of Georgia School of Law is a graduate school of the University of Georgia. Founded in 1859 and located in Athens, Georgia, USA, Georgia Law was formerly known as the Lumpkin School of Law. The Law School is the second oldest of the University's schools and colleges. The University...
before joining the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
. He served as a lieutenant
Lieutenant
A lieutenant is a junior commissioned officer in many nations' armed forces. Typically, the rank of lieutenant in naval usage, while still a junior officer rank, is senior to the army rank...
in the Naval Reserve and was discharged in 1945 at the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. Carswell completed his legal education at the Walter F. George School of Law
Walter F. George School of Law
The Walter F. George School of Law of Mercer University, founded in 1873, is one of the oldest law schools in the United States and is the second oldest of Mercer's eleven colleges and schools. The School of Law, with approximately 420 students, is located in Macon, Georgia on its own campus one...
of Mercer University
Mercer University
Mercer University is an independent, private, coeducational university with a Baptist heritage located in the U.S. state of Georgia. Mercer is the only university of its size in the United States that offers programs in eleven diversified fields of study: liberal arts, business, education, music,...
in 1948. Griffin B. Bell, 72nd Attorney General of the United States, was a classmate at Mercer.
In 1948, Carswell unsuccessfully ran for a seat in the Georgia state legislature. He then moved to Tallahassee
Tallahassee, Florida
Tallahassee is the capital of the U.S. state of Florida. It is the county seat and only incorporated municipality in Leon County, and is the 128th largest city in the United States. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In 2010, the population recorded by...
, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, where he worked as a private attorney in from 1948 to 1953. Carswell served as United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for the Northern District of Florida from 1953 to 1958.
Federal judge
Carswell was nominated for the United States District Court for the Northern District of FloridaUnited States District Court for the Northern District of Florida
The United States District Court for the Northern District of Florida is the federal United States district court with jurisdiction over the northern part of the state of Florida....
by President Dwight D. Eisenhower
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
on March 6, 1958, to a seat vacated by Dozier A. DeVane
Dozier A. DeVane
Dozier Adolphus DeVane was an American lawyer and judge.DeVane was born near Lakeland, Florida in 1883. He received his LL.B. from Washington and Lee University in 1908....
. He was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on March 31, 1958, and received commission on April 10, 1958. He served as chief judge from 1958 to 1969.
Carswell was nominated by President Richard M. Nixon on May 12, 1969, to a new seat on the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
created by 82 Stat. 184. He was confirmed by the United States Senate on June 19, 1969, and received commission on June 20, 1969.
Supreme Court nomination
On January 19, 1970, after Clement HaynsworthClement Haynsworth
Clement Furman Haynsworth, Jr. was a United States judge and an unsuccessful nominee for the United States Supreme Court....
was rejected by the U.S. Senate for an appointment to the United States Supreme Court, President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
nominated Carswell to be an Associate Justice of the Supreme Court to replace Justice Abe Fortas
Abe Fortas
Abraham Fortas was a U.S. Supreme Court associate justice from 1965 to 1969. Originally from Tennessee, Fortas became a law professor at Yale, and subsequently advised the Securities and Exchange Commission. He then worked at the Interior Department under Franklin D...
. Carswell was praised by Southern Senators
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
including Richard B. Russell, Jr.
Richard Russell, Jr.
Richard Brevard Russell, Jr. was a Democratic Party politician from the southeastern state of Georgia. He served as state governor from 1931 to 1933 and United States senator from 1933 to 1971....
, but was criticized by others for the high reversal rate (58%) of his decisions as a District Court Judge.
Civil-rights advocates questioned his civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
record, citing his voiced support for racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
during his unsuccessful election bid in 1948, while feminists accused him of being an opponent of women's rights
Women's rights
Women's rights are entitlements and freedoms claimed for women and girls of all ages in many societies.In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed...
. Various feminists, including Betty Friedan
Betty Friedan
Betty Friedan was an American writer, activist, and feminist.A leading figure in the Women's Movement in the United States, her 1963 book The Feminine Mystique is often credited with sparking the "second wave" of American feminism in the twentieth century...
, testified before the Senate, opposed his nomination and contributed to his defeat.
In defense against charges that Carswell was "mediocre", U.S. Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Roman Hruska
Roman Hruska
Roman Lee Hruska was a Republican U.S. Senator from the state of Nebraska. Hruska was known as one of the most vocal conservatives in the United States Senate during the 1960s and 1970s.-Life and career:...
(Republican, Nebraska) stated:
- "Even if he were mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they, and a little chance? We can't have all BrandeisesLouis BrandeisLouis Dembitz Brandeis ; November 13, 1856 – October 5, 1941) was an Associate Justice on the Supreme Court of the United States from 1916 to 1939.He was born in Louisville, Kentucky, to Jewish immigrant parents who raised him in a secular mode...
, FrankfurtersFelix FrankfurterFelix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...
and Cardozos."
The remark was criticised by many and is believed to have backfired and damaged Carswell's cause.
On April 8, 1970, the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
refused to confirm Carswell's nomination to serve on the Supreme Court. The vote was 51 to 45. 17 Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
and 28 Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
voted for Carswell. 38 Democrats and 13 Republicans voted against him. President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
accused Democrats of having an anti-Southern bias as a result saying, "After the Senate’s action yesterday in rejecting Judge Carswell, I have reluctantly concluded that it is not possible to get confirmation for the judge on the Supreme Court of any man who believes in the strict construction of the constitution as I do, if he happens to come from the South."
Nixon then nominated Minnesota judge Harry Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
to fill the Fortas vacancy. Blackmun was later easily confirmed in a 94–0 vote.
Later years
On April 20, 1970, Carswell resigned from his judicial position to enter the political arena. In 1970, he ran unsuccessfully for a seat in the SenateUnited States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
from Florida, losing in the Republican Party primary by a large margin to U.S. Representative William Cramer, who went on to lose the general election to Democrat Lawton Chiles
Lawton Chiles
Lawton Mainor Chiles, Jr. was an American politician from the US state of Florida. In a career spanning four decades, Chiles, a Democrat who never lost an election, served in the Florida House of Representatives , the Florida State Senate , the United States Senate , and as the 41st Governor of...
.
In 1976, Carswell was arrested and convicted of battery
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
for advances he made to an undercover police officer in a Tallahassee, Florida
Tallahassee, Florida
Tallahassee is the capital of the U.S. state of Florida. It is the county seat and only incorporated municipality in Leon County, and is the 128th largest city in the United States. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In 2010, the population recorded by...
men's room. In September 1979 Carswell was attacked and beaten by a man whom he'd invited to his Atlanta hotel room in similar circumstances. Because of these incidents, Keith Stern, author of Queers in History
Queers in History
Queers in History is an encyclopedia of historically prominent people who were lesbian, gay, bisexual, or transgender .It was first published on diskette in early 1993, and in an expanded CD-ROM format by the end of 1994. It was one of the first new media titles to be distributed through bookstores...
, alleges him to be the first homosexual or bisexual nominated to the Supreme Court. Carswell subsequently withdrew from public life.
He returned to private practice before retiring. He died in 1992.