John F. Kennedy Supreme Court candidates
Encyclopedia
Although he was president for less than three years, John F. Kennedy
appointed two men to the Supreme Court of the United States
: Byron White
and Arthur Goldberg
. Given the advanced age of Associate Justice Felix Frankfurter
at the time of Kennedy's inauguration, speculation abounded over potential Kennedy nominations to the Supreme Court from the start of his presidency.
retired from the Supreme Court (technically taking senior status
) in March 1962 after just over five years on the court, citing exhaustion from the workload. The Whittaker retirement gave Kennedy his first vacancy on the Supreme Court.
Two names initially came up as potential nominees: Judge William H. Hastie
of the United States Court of Appeals for the Third Circuit
and Harvard Law School
Professor Paul A. Freund
. United States Attorney General
Robert F. Kennedy
had recommended Hastie, who would have become the first African-American on the Supreme Court. Robert F. Kennedy said "it would mean so much overseas that we had a Negro
on the Supreme Court." However, Hastie was opposed by Chief Justice Earl Warren
, who balked because "he's not a liberal and he'll be opposed to all measures we are interested in, and he would be completely unsatisfactory." Associate Justice William O. Douglas
also objected to Hastie as the nominee. In addition, President Kennedy's adviser, Ted Sorensen
, opposed Hastie because Kennedy was in the process of considering another African-American, Robert C. Weaver
, for a cabinet post (Weaver ultimately became the first United States Secretary of Housing and Urban Development
, inviting the charge of reverse racism
). Sorensen argued that "the first appointment should be one hailed by all for his judicial mien."
Sorensen recommended Freund as the nominee. However, President Kennedy objected to Freund as the nominee because of Freund's Harvard pedigree (having attended Harvard Law School
and having been a professor at Harvard Law School at the time of the Whittaker vacancy), given that there already were a significant number of people connected to Harvard University
in the Kennedy administration.
Ultimately, Kennedy selected White, who was a longtime supporter of his and who had been serving as United States Deputy Attorney General
. Kennedy formally nominated White to the Supreme Court on April 3, 1962. White was confirmed by the United States Senate
just eight days later, on April 11, 1962, in a voice vote.
, Associate Justice Felix Frankfurter
retired (technically taking senior status
) from the Supreme Court on August 28, 1962, at the age of 79.
There is not much evidence that Kennedy considered any other candidate other than Goldberg for the vacancy. It had been widely reported that Frankfurter's seat was considered a "Jewish seat" on the Supreme Court (prior to Frankfurter, it had been occupied by another Jewish Justice, Benjamin N. Cardozo
), meaning that the president felt significant pressure to appoint a Jew to replace Frankfurter. Kennedy nominated Goldberg, who at that time was United States Secretary of Labor
, on August 31, 1962. The United States Senate
confirmed Goldberg in a voice vote on September 25, 1962.
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
appointed two men to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
: Byron White
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
and Arthur Goldberg
Arthur Goldberg
Arthur Joseph Goldberg was an American statesman and jurist who served as the U.S. Secretary of Labor, Supreme Court Justice and Ambassador to the United Nations.-Early life:...
. Given the advanced age of Associate Justice Felix Frankfurter
Felix Frankfurter
Felix 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...
at the time of Kennedy's inauguration, speculation abounded over potential Kennedy nominations to the Supreme Court from the start of his presidency.
Byron White nomination
Associate Justice Charles Evans WhittakerCharles Evans Whittaker
Charles Evans Whittaker was an Associate Justice of the United States Supreme Court from 1957 to 1962.-Early years:...
retired from the Supreme Court (technically taking senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
) in March 1962 after just over five years on the court, citing exhaustion from the workload. The Whittaker retirement gave Kennedy his first vacancy on the Supreme Court.
Two names initially came up as potential nominees: Judge William H. Hastie
William H. Hastie
William Henry Hastie, Jr. was an American, lawyer, judge, educator, public official, and advocate for the civil rights of African Americans...
of the United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
and Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
Professor Paul A. Freund
Paul A. Freund
Paul A. Freund was an American jurist and law professor. He taught most of his life at Harvard Law School and is known for his writings on the United States Constitution and the Supreme Court of the United States....
. United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
Robert F. Kennedy
Robert F. Kennedy
Robert Francis "Bobby" Kennedy , also referred to by his initials RFK, was an American politician, a Democratic senator from New York, and a noted civil rights activist. An icon of modern American liberalism and member of the Kennedy family, he was a younger brother of President John F...
had recommended Hastie, who would have become the first African-American on the Supreme Court. Robert F. Kennedy said "it would mean so much overseas that we had a Negro
Negro
The word Negro is used in the English-speaking world to refer to a person of black ancestry or appearance, whether of African descent or not...
on the Supreme Court." However, Hastie was opposed by Chief Justice Earl Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
, who balked because "he's not a liberal and he'll be opposed to all measures we are interested in, and he would be completely unsatisfactory." Associate Justice William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
also objected to Hastie as the nominee. In addition, President Kennedy's adviser, Ted Sorensen
Ted Sorensen
Theodore Chaikin "Ted" Sorensen was an American presidential advisor, lawyer and writer, best known as President John F. Kennedy’s special counsel, adviser and legendary speechwriter. President Kennedy once called him his “intellectual blood bank.”-Early life:Sorensen was born in Nebraska, the son...
, opposed Hastie because Kennedy was in the process of considering another African-American, Robert C. Weaver
Robert C. Weaver
Robert Clifton Weaver served as the first United States Secretary of Housing and Urban Development from 1966 to 1968. He was the first African American to hold a cabinet-level position in the United States.As a young man, Weaver had been one of 45 prominent African Americans appointed by...
, for a cabinet post (Weaver ultimately became the first United States Secretary of Housing and Urban Development
United States Secretary of Housing and Urban Development
The United States Secretary of Housing and Urban Development is the head of the United States Department of Housing and Urban Development, a member of the President's Cabinet, and thirteenth in the Presidential line of succession. The post was created with the formation of the Department of Housing...
, inviting the charge of reverse racism
Reverse discrimination
Reverse discrimination is a controversial term referring to discrimination against members of a dominant or majority group, including the city or state, or in favor of members of a minority or historically disadvantaged group such as African Americans being slaves. Groups may be defined in terms of...
). Sorensen argued that "the first appointment should be one hailed by all for his judicial mien."
Sorensen recommended Freund as the nominee. However, President Kennedy objected to Freund as the nominee because of Freund's Harvard pedigree (having attended Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
and having been a professor at Harvard Law School at the time of the Whittaker vacancy), given that there already were a significant number of people connected to Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
in the Kennedy administration.
Ultimately, Kennedy selected White, who was a longtime supporter of his and who had been serving as United States Deputy Attorney General
United States Deputy Attorney General
United States Deputy Attorney General is the second-highest-ranking official in the United States Department of Justice. In the United States federal government, the Deputy Attorney General oversees the day-to-day operation of the Department of Justice, and may act as Attorney General during the...
. Kennedy formally nominated White to the Supreme Court on April 3, 1962. White 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...
just eight days later, on April 11, 1962, in a voice vote.
Arthur Goldberg nomination
After suffering a strokeStroke
A stroke, previously known medically as a cerebrovascular accident , is the rapidly developing loss of brain function due to disturbance in the blood supply to the brain. This can be due to ischemia caused by blockage , or a hemorrhage...
, Associate Justice Felix Frankfurter
Felix Frankfurter
Felix 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...
retired (technically taking senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
) from the Supreme Court on August 28, 1962, at the age of 79.
There is not much evidence that Kennedy considered any other candidate other than Goldberg for the vacancy. It had been widely reported that Frankfurter's seat was considered a "Jewish seat" on the Supreme Court (prior to Frankfurter, it had been occupied by another Jewish Justice, Benjamin N. Cardozo
Benjamin N. Cardozo
Benjamin Nathan Cardozo was a well-known American lawyer and associate Supreme Court Justice. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his modesty, philosophy, and vivid prose style...
), meaning that the president felt significant pressure to appoint a Jew to replace Frankfurter. Kennedy nominated Goldberg, who at that time was United States Secretary of Labor
United States Secretary of Labor
The United States Secretary of Labor is the head of the Department of Labor who exercises control over the department and enforces and suggests laws involving unions, the workplace, and all other issues involving any form of business-person controversies....
, on August 31, 1962. 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...
confirmed Goldberg in a voice vote on September 25, 1962.
Names mentioned
Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Kennedy for a Supreme Court appointment:United States Courts of Appeals
- Court of Appeals for the Third CircuitUnited States Court of Appeals for the Third CircuitThe United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
- William H. HastieWilliam H. HastieWilliam Henry Hastie, Jr. was an American, lawyer, judge, educator, public official, and advocate for the civil rights of African Americans...
- William H. Hastie
Administration officials
- Arthur GoldbergArthur GoldbergArthur Joseph Goldberg was an American statesman and jurist who served as the U.S. Secretary of Labor, Supreme Court Justice and Ambassador to the United Nations.-Early life:...
, United States Secretary of LaborUnited States Secretary of LaborThe United States Secretary of Labor is the head of the Department of Labor who exercises control over the department and enforces and suggests laws involving unions, the workplace, and all other issues involving any form of business-person controversies....
(Nominated and Confirmed) - Byron WhiteByron WhiteByron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
, United States Deputy Attorney GeneralUnited States Deputy Attorney GeneralUnited States Deputy Attorney General is the second-highest-ranking official in the United States Department of Justice. In the United States federal government, the Deputy Attorney General oversees the day-to-day operation of the Department of Justice, and may act as Attorney General during the...
(Nominated and Confirmed)