Unsuccessful nominations to the Supreme Court of the United States
Encyclopedia
Justices of the Supreme Court of the United States
are nominated by the President
and are then confirmed by the Senate
. Presidential administrations are listed with any unsuccessful Supreme Court nominees—that is, individuals who were nominated and who either declined their own nomination, failed the confirmation vote in the Senate, or whose nomination was withdrawn by the president.
As of 2010, 151 people have been nominated to the U.S. Supreme Court. Twenty-nine nominations (which includes one promotion) have been unsuccessful on at least the first try. Of those 29:
nominated William Paterson for the Supreme Court on February 27, 1793. The nomination was withdrawn by the President the following day. Washington had realized that since the law establishing the positions within the Supreme Court
had been passed during Paterson's current term as a Senator (a post he had resigned in November, 1790 after being elected Governor) the nomination was a violation of Article I, Section 6 of the Constitution
. Washington re-nominated Paterson to the Court on March 4, 1793, after his term as Senator had expired.
The nomination of John Rutledge
as Chief Justice was rejected by a vote of 10–14 on Dec 15, 1795. Rutledge's strident opposition to the Jay Treaty
may have been the main reason for his rejection. Because he had been a recess appointment
, Rutledge served as Chief Justice for one term.
died, Madison
nominated Levi Lincoln, Sr.
who declined the nomination.
Alexander Wolcott
was then nominated, but was rejected by a vote of 9–24 on Feb 13, 1811.
nominated John J. Crittenden
on December 18, 1828. The Senate postponed the vote on his confirmation, by a vote of 23–17, on February 12, 1829. The Senate did not explicitly vote to "postpone indefinitely", but the resolution did have that effect.
nominated Roger B. Taney
on January 15, 1835 to be an Associate Justice. A resolution was passed by a Senate vote of 24–21 on March 3, 1835 to postpone the nomination indefinitely. Later, after the political composition of the Senate changed, Taney was confirmed as Chief Justice
.
experienced difficulty in obtaining approval of his nominees due to his lack of political support in the Senate.
John C. Spencer was nominated on Jan 9, 1844 and his nomination was defeated by a vote of 21–26 on Jan 31, 1844. Reuben H. Walworth
was nominated on Mar 13, 1844, and a resolution to table the nomination passed on a 27–20 vote on June 15, 1844. The nomination was withdrawn from the Senate on Jun 17, 1844. Edward King
was nominated on Jun 5, 1844. A resolution to table the nomination passed by a vote of 29–18 on Jun 15, 1844. No other action was taken on this nomination.
The same day that Walworth's nomination was withdrawn, Spencer was re-submitted, but there is no record of debate and a letter from the President withdrawing the nomination was received on the same day. Walworth was then re-nominated later that same day, but the motion to act on the nomination in the Senate was objected to, and no further action was taken.
Walworth and King were re-nominated on Dec 10, 1844, but both nominations were tabled on Jan 21, 1845. Walworth's nomination was withdrawn on Feb 6, 1845, and King's two days later. John M. Read
was nominated on Feb 8, 1845 and there was a motion to consider the nomination in the Senate on Jan 21, 1845, but the motion was unsuccessful and no other action was taken.
's death, Polk
nominated James Buchanan
, who declined the nomination.
Polk also nominated George W. Woodward to replace Henry Baldwin
in 1845. The Senate rejected him by a vote of 20–29.
nominated Jeremiah S. Black
to the court in 1861. The Senate voted 25–26 against confirming him.
administration, James Moore Wayne
and John Catron
. The United States Congress
, however, passed the Judicial Circuits Act
of 1866, which provided for a gradual elimination of seats until only seven were left. Chief Justice Salmon P. Chase
had urged for this reduction in the hopes that it would result in an increase of the justices' salaries, which however did not happen until Congress restored the size of the court to nine members in 1871. Johnson had nominated Henry Stanbery
to be an Associate Justice, but due to the reduction of seats this nomination was nullified.
nominated Ebenezer R. Hoar
to a new seat on the court. The Senate rejected this nomination by a vote of 24–33.
Grant also nominated Edwin M. Stanton
, former Attorney General
and Secretary of War
to the court. The nomination was eventually confirmed, but Stanton died before he was commissioned.
Grant nominated George Henry Williams
to be Chief Justice of the United States
in 1873, but he later withdrew from consideration. Prior to withdrawal of consideration, the Senate Judiciary Committee declined to recommend confirmation to the entire Senate.
Grant nominated Caleb Cushing
for Chief Justice on January 9, 1874, but despite Cushing's great learning and eminence at the bar, his anti-war record and the feeling of distrust experienced by many members of the U.S. Senate on account of his inconsistency, aroused such vigorous opposition that his nomination was withdrawn on January 13, 1874.
nominated Thomas Stanley Matthews for a position as an Associate Justice on the U.S. Supreme Court. Matthews was a controversial nominee, and as the nomination came near the end of Hayes's term, the Senate did not act on it. However, upon succeeding Hayes, incoming President James A. Garfield renominated Matthews, and the Senate confirmed him by a vote of 24 to 23, the narrowest confirmation for a successful U.S. Supreme Court nominee in history. He served on the Court until his death in 1889.
's second term, Associate Justice Samuel Blatchford
died. This seat was traditionally held by a New York
er. By the long tradition of Senatorial courtesy
, other Senators deferred to the nominee's home state senator when evaluating his nomination. The Senator from New York at the time was David B. Hill
, a political rival of Cleveland's. Hill had lost the Democratic nomination for the President to Cleveland in 1892. Cleveland's first two nominees were not confirmed by the Senate. The nomination of William Hornblower from New York was rejected by the Senate by a vote of 24–30 on January 15, 1894. Cleveland's follow-up nominee Wheeler Hazard Peckham
, another New Yorker, was also rejected by the Senate, 32–41, on February 16, 1894. Cleveland finally got around Hill by nominating a sitting Senator, Edward Douglass White
of Louisiana, to the court. His nomination was approved.
's nomination of John J. Parker
for the Supreme Court was rejected by a vote of 39–41.
nominated Abe Fortas
, then an associate justice, for Chief Justice. Controversy ensued regarding Fortas's extrajudicial activities, and at Fortas's request, Johnson withdrew the nomination prior to a vote of the full Senate. Earl Warren
continued to serve as Chief Justice through the 1968 election. The succeeding President, Nixon, nominated Warren Burger, who was promptly confirmed.
When Johnson nominated Fortas, he also nominated Homer Thornberry
to fill Fortas' seat. Since Fortas withdrew his name from the Chief Justice nomination, but maintained his seat as an Associate Justice (with Earl Warren continuing as Chief Justice), the nomination of Thornberry was void. He was never voted on by the Senate.
nominated Clement Haynsworth
, a Southern jurist. His nomination was rejected by the Senate by a vote of 45–55 on November 21, 1969.
In response, Nixon nominated G. Harrold Carswell
, a Southerner with a history of supporting segregation and opposing women's rights. The Senate rejected his nomination 45 to 51 on April 8, 1970 following much pressure from the Civil Rights and Feminist Movements and impassioned testimony from Betty Friedan
and others.
Nixon finally nominated Harry Blackmun
for the Fortas vacancy, and Blackmun was confirmed by the Senate with no opposition on 17 May 1970.
Nixon was soon faced with two more Supreme Court vacancies when John Harlan
and Hugo Black
retired. Nixon considered nominating Arkansas lawyer Hershel Friday
and California intermediate appellate judge Mildred Lillie
to the high court. By tradition at the time, potential Supreme Court nominees were first disclosed to the American Bar Association
's standing committee on the federal judiciary. When it became apparent that this twelve member committee would find that both were unqualified, Nixon passed over Friday and Lillie for Lewis Powell
and William Rehnquist
. Powell was confirmed by an 89-1 vote, and Rehnquist was confirmed 68-22.
retired in July 1987, Reagan
nominated Robert Bork
. Bork was a member of the Court of Appeals for the District of Columbia
at the time and known as a proponent of constitutional originalism
. Bork lost confirmation by a Senate vote of 42 to 58, largely due to Bork's controversial opinions on constitutional issues and his role in the Nixon
Saturday Night Massacre
.
Reagan then announced his intention to nominate Douglas H. Ginsburg
to the court. Before Ginsburg could be officially nominated, he withdrew himself from consideration under heavy pressure after revealing that he had smoked marijuana
with his students while a professor at Harvard Law School
. Reagan then nominated Anthony Kennedy
, who was confirmed by a Senate vote of 97–0.
nominated John Roberts as an Associate Justice to replace retiring Justice Sandra Day O'Connor
. Following the death of Chief Justice William Rehnquist
on September 3, 2005, this nomination was withdrawn and a new nomination, of Roberts as Chief Justice, was made. He was confirmed by the Senate by a vote of 78 to 22.
There was still an appointment to be made for a replacement for Sandra Day O'Connor, and on October 3, 2005 Bush nominated Harriet Miers
, a corporate attorney from Texas who had served as Bush's private attorney and as White House Counsel
. Miers was widely perceived as unqualified for the position, and it later emerged that she had allowed her law license to lapse for a time. The nomination was immediately attacked by politicians and commentators from across the political spectrum. At Miers' request, Bush withdrew her nomination on October 27, ostensibly to avoid violating executive privilege
by disclosing details of her work at the White House. Four days later, Bush nominated Samuel Alito
to the seat. Alito was confirmed by a vote of 58–42 on January 31, 2006.
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...
are nominated by the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
and are then confirmed by the 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...
. Presidential administrations are listed with any unsuccessful Supreme Court nominees—that is, individuals who were nominated and who either declined their own nomination, failed the confirmation vote in the Senate, or whose nomination was withdrawn by the president.
As of 2010, 151 people have been nominated to the U.S. Supreme Court. Twenty-nine nominations (which includes one promotion) have been unsuccessful on at least the first try. Of those 29:
- 12 were fully considered and formally rejected by the Senate.
- 7 (including a nomination of an Associate Justice for Chief Justice) were withdrawn by the President before a formal consideration could be taken by the Senate.
- One of these nominations was withdrawn because of the Ineligibility ClauseIneligibility ClauseThe Ineligibility Clause, one of the two clauses often called the Emoluments Clause, and sometimes also referred to as the Incompatibility Clause or the Sinecure Clause, is found in Article 1, Section 6, Clause 2 of the United States Constitution...
, but was confirmed after its applicability was no longer an issue.
- One of these nominations was withdrawn because of the Ineligibility Clause
- 5 had no action taken on them.
- One of these was because of a change in the Presidency, but the nomination was resubmitted by the incoming President and confirmed.
- 3 had formal votes on the nominations were postponed.
- One of these nominations was reconsidered after a change in Senate composition and confirmed.
- 2 had nominations nullified by other circumstances without being formally considered.
George Washington
George WashingtonGeorge Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
nominated William Paterson for the Supreme Court on February 27, 1793. The nomination was withdrawn by the President the following day. Washington had realized that since the law establishing the positions within the Supreme Court
Judiciary Act of 1789
The United States Judiciary Act of 1789 was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary...
had been passed during Paterson's current term as a Senator (a post he had resigned in November, 1790 after being elected Governor) the nomination was a violation of Article I, Section 6 of the Constitution
Ineligibility Clause
The Ineligibility Clause, one of the two clauses often called the Emoluments Clause, and sometimes also referred to as the Incompatibility Clause or the Sinecure Clause, is found in Article 1, Section 6, Clause 2 of the United States Constitution...
. Washington re-nominated Paterson to the Court on March 4, 1793, after his term as Senator had expired.
The nomination of John Rutledge
John Rutledge
John Rutledge was an American statesman and judge. He was the first Governor of South Carolina following the signing of the Declaration of Independence, the 31st overall...
as Chief Justice was rejected by a vote of 10–14 on Dec 15, 1795. Rutledge's strident opposition to the Jay Treaty
Jay Treaty
Jay's Treaty, , also known as Jay's Treaty, The British Treaty, and the Treaty of London of 1794, was a treaty between the United States and Great Britain that is credited with averting war,, resolving issues remaining since the Treaty of Paris of 1783, which ended the American Revolution,, and...
may have been the main reason for his rejection. Because he had been a recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...
, Rutledge served as Chief Justice for one term.
James Madison
When William CushingWilliam Cushing
William Cushing was an early Associate Justice of the United States Supreme Court, from its inception to his death. He was the longest-serving of the Court's original members, sitting on the bench for 21 years...
died, Madison
James Madison
James Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...
nominated Levi Lincoln, Sr.
Levi Lincoln, Sr.
Levi Lincoln, Sr. was an American revolutionary and statesman who served as a Minuteman at the outbreak of the American Revolutionary War, a state legislator in Massachusetts, a participant in Massachusetts' state constitutional convention, Lieutenant Governor of Massachusetts, a U.S...
who declined the nomination.
Alexander Wolcott
Alexander Wolcott
Alexander Wolcott was a United States customs inspector and a nominee to the Supreme Court of the United States. A leader of the Democratic-Republican Party in Connecticut, he holds the dubious distinction of being defeated by the widest margin of any Supreme Court nominee in American history: 9–24...
was then nominated, but was rejected by a vote of 9–24 on Feb 13, 1811.
John Quincy Adams
AdamsJohn Quincy Adams
John Quincy Adams was the sixth President of the United States . He served as an American diplomat, Senator, and Congressional representative. He was a member of the Federalist, Democratic-Republican, National Republican, and later Anti-Masonic and Whig parties. Adams was the son of former...
nominated John J. Crittenden
John J. Crittenden
John Jordan Crittenden was a politician from the U.S. state of Kentucky. He represented the state in both the U.S. House of Representatives and the U.S. Senate and twice served as United States Attorney General in the administrations of William Henry Harrison and Millard Fillmore...
on December 18, 1828. The Senate postponed the vote on his confirmation, by a vote of 23–17, on February 12, 1829. The Senate did not explicitly vote to "postpone indefinitely", but the resolution did have that effect.
Andrew Jackson
JacksonAndrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
nominated Roger B. Taney
Roger B. Taney
Roger Brooke Taney was the fifth Chief Justice of the United States, holding that office from 1836 until his death in 1864. He was the first Roman Catholic to hold that office or sit on the Supreme Court of the United States. He was also the eleventh United States Attorney General. He is most...
on January 15, 1835 to be an Associate Justice. A resolution was passed by a Senate vote of 24–21 on March 3, 1835 to postpone the nomination indefinitely. Later, after the political composition of the Senate changed, Taney was confirmed as Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
.
John Tyler
John TylerJohn Tyler
John Tyler was the tenth President of the United States . A native of Virginia, Tyler served as a state legislator, governor, U.S. representative, and U.S. senator before being elected Vice President . He was the first to succeed to the office of President following the death of a predecessor...
experienced difficulty in obtaining approval of his nominees due to his lack of political support in the Senate.
John C. Spencer was nominated on Jan 9, 1844 and his nomination was defeated by a vote of 21–26 on Jan 31, 1844. Reuben H. Walworth
Reuben H. Walworth
Reuben Hyde Walworth was an American lawyer and politician...
was nominated on Mar 13, 1844, and a resolution to table the nomination passed on a 27–20 vote on June 15, 1844. The nomination was withdrawn from the Senate on Jun 17, 1844. Edward King
Edward King (jurist)
Edward King was a prominent 19th century lawyer and jurist, perhaps best known today as having twice been unsuccessfully nominated to the United States Supreme Court....
was nominated on Jun 5, 1844. A resolution to table the nomination passed by a vote of 29–18 on Jun 15, 1844. No other action was taken on this nomination.
The same day that Walworth's nomination was withdrawn, Spencer was re-submitted, but there is no record of debate and a letter from the President withdrawing the nomination was received on the same day. Walworth was then re-nominated later that same day, but the motion to act on the nomination in the Senate was objected to, and no further action was taken.
Walworth and King were re-nominated on Dec 10, 1844, but both nominations were tabled on Jan 21, 1845. Walworth's nomination was withdrawn on Feb 6, 1845, and King's two days later. John M. Read
John M. Read
John Meredith Read was an American lawyer, jurist, and politician from Philadelphia, Pennsylvania. He was one of the founders of the Republican Party and Chief Justice of the Pennsylvania Supreme Court.-Early life:...
was nominated on Feb 8, 1845 and there was a motion to consider the nomination in the Senate on Jan 21, 1845, but the motion was unsuccessful and no other action was taken.
James K. Polk
After Henry BaldwinHenry Baldwin (judge)
Henry Baldwin was an Associate Justice of the Supreme Court of the United States from January 18, 1830, to April 21, 1844.-Biography:...
's death, Polk
James K. Polk
James Knox Polk was the 11th President of the United States . Polk was born in Mecklenburg County, North Carolina. He later lived in and represented Tennessee. A Democrat, Polk served as the 17th Speaker of the House of Representatives and the 12th Governor of Tennessee...
nominated James Buchanan
James Buchanan
James Buchanan, Jr. was the 15th President of the United States . He is the only president from Pennsylvania, the only president who remained a lifelong bachelor and the last to be born in the 18th century....
, who declined the nomination.
Polk also nominated George W. Woodward to replace Henry Baldwin
Henry Baldwin (judge)
Henry Baldwin was an Associate Justice of the Supreme Court of the United States from January 18, 1830, to April 21, 1844.-Biography:...
in 1845. The Senate rejected him by a vote of 20–29.
James Buchanan
BuchananJames Buchanan
James Buchanan, Jr. was the 15th President of the United States . He is the only president from Pennsylvania, the only president who remained a lifelong bachelor and the last to be born in the 18th century....
nominated Jeremiah S. Black
Jeremiah S. Black
Jeremiah Sullivan Black was an American statesman and lawyer. He was the son of Representative Henry Black, and the father of writer and Lieutenant Governor of Pennsylvania Chauncey Forward Black....
to the court in 1861. The Senate voted 25–26 against confirming him.
Andrew Johnson
Two justices died in office during Johnson'sAndrew Johnson
Andrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American...
administration, James Moore Wayne
James Moore Wayne
James Moore Wayne was an Associate Justice of the Supreme Court of the United States and was a United States Representative from Georgia.-Biography:...
and John Catron
John Catron
John Catron was an American jurist who served as a US Supreme Court justice from 1837 to 1865.-Early life:Little is known of Catron's early life, but he served in the War of 1812 under Andrew Jackson...
. The United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, however, passed the Judicial Circuits Act
Judicial Circuits Act
The Judicial Circuits Act of 1866 reorganized the United States circuit courts and provided for the gradual elimination of several seats on the Supreme Court of the United States...
of 1866, which provided for a gradual elimination of seats until only seven were left. Chief Justice Salmon P. Chase
Salmon P. Chase
Salmon Portland Chase was an American politician and jurist who served as U.S. Senator from Ohio and the 23rd Governor of Ohio; as U.S. Treasury Secretary under President Abraham Lincoln; and as the sixth Chief Justice of the United States Supreme Court.Chase was one of the most prominent members...
had urged for this reduction in the hopes that it would result in an increase of the justices' salaries, which however did not happen until Congress restored the size of the court to nine members in 1871. Johnson had nominated Henry Stanbery
Henry Stanbery
Henry Stanbery was an American lawyer and Presidential Cabinet member.Born in New York, he was the son of Jonas Stanbery, a physician. The family moved to Zanesville, Ohio in 1814. Henry Stanbery graduated from Washington College in Washington, Pennsylvania and studied law...
to be an Associate Justice, but due to the reduction of seats this nomination was nullified.
Ulysses S. Grant
Ulysses S. GrantUlysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
nominated Ebenezer R. Hoar
Ebenezer R. Hoar
Ebenezer Rockwood Hoar was an influential American politician and lawyer from Massachusetts.- Early life :...
to a new seat on the court. The Senate rejected this nomination by a vote of 24–33.
Grant also nominated Edwin M. Stanton
Edwin M. Stanton
Edwin McMasters Stanton was an American lawyer and politician who served as Secretary of War under the Lincoln Administration during the American Civil War from 1862–1865...
, former 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...
and Secretary of War
United States Secretary of War
The Secretary of War was a member of the United States President's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War," was appointed to serve the Congress of the Confederation under the Articles of Confederation...
to the court. The nomination was eventually confirmed, but Stanton died before he was commissioned.
Grant nominated George Henry Williams
George Henry Williams
George Henry Williams was an American judge and politician. He served as Chief Justice of the Oregon Supreme Court, was the 32nd Attorney General of the United States, and served one term in the United States Senate...
to be Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
in 1873, but he later withdrew from consideration. Prior to withdrawal of consideration, the Senate Judiciary Committee declined to recommend confirmation to the entire Senate.
Grant nominated Caleb Cushing
Caleb Cushing
Caleb Cushing was an American diplomat who served as a U.S. Congressman from Massachusetts and Attorney General under President Franklin Pierce.-Early life:...
for Chief Justice on January 9, 1874, but despite Cushing's great learning and eminence at the bar, his anti-war record and the feeling of distrust experienced by many members of the U.S. Senate on account of his inconsistency, aroused such vigorous opposition that his nomination was withdrawn on January 13, 1874.
Rutherford B. Hayes
Early in 1881, President Rutherford B. HayesRutherford B. Hayes
Rutherford Birchard Hayes was the 19th President of the United States . As president, he oversaw the end of Reconstruction and the United States' entry into the Second Industrial Revolution...
nominated Thomas Stanley Matthews for a position as an Associate Justice on the U.S. Supreme Court. Matthews was a controversial nominee, and as the nomination came near the end of Hayes's term, the Senate did not act on it. However, upon succeeding Hayes, incoming President James A. Garfield renominated Matthews, and the Senate confirmed him by a vote of 24 to 23, the narrowest confirmation for a successful U.S. Supreme Court nominee in history. He served on the Court until his death in 1889.
Grover Cleveland
In Grover ClevelandGrover Cleveland
Stephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents...
's second term, Associate Justice Samuel Blatchford
Samuel Blatchford
Samuel Blatchford was an Associate Justice of the Supreme Court of the United States from April 3, 1882 until his death.-Early life:...
died. This seat was traditionally held by a New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
er. By the long tradition of Senatorial courtesy
Senatorial courtesy
Senatorial courtesy is an unwritten political custom in the United States whereby the president consults the senior U.S. Senator of his political party of a given state before nominating any person to a federal vacancy within that Senator's state. It is strictly observed in connection with the...
, other Senators deferred to the nominee's home state senator when evaluating his nomination. The Senator from New York at the time was David B. Hill
David B. Hill
David Bennett Hill was an American politician from New York who was the 29th Governor of New York from 1885 to 1891.-Life:...
, a political rival of Cleveland's. Hill had lost the Democratic nomination for the President to Cleveland in 1892. Cleveland's first two nominees were not confirmed by the Senate. The nomination of William Hornblower from New York was rejected by the Senate by a vote of 24–30 on January 15, 1894. Cleveland's follow-up nominee Wheeler Hazard Peckham
Wheeler Hazard Peckham
Wheeler Hazard Peckham was an American lawyer from New York and a failed nominee to the Supreme Court of the United States. His father, Rufus Wheeler Peckham, was also a lawyer, and a New York Court of Appeals judge and congressman. His brother, also named Rufus Wheeler Peckham, was also a New...
, another New Yorker, was also rejected by the Senate, 32–41, on February 16, 1894. Cleveland finally got around Hill by nominating a sitting Senator, Edward Douglass White
Edward Douglass White
Edward Douglass White, Jr. , American politician and jurist, was a United States senator, Associate Justice of the United States Supreme Court and the ninth Chief Justice of the United States. He was best known for formulating the Rule of Reason standard of antitrust law. He also sided with the...
of Louisiana, to the court. His nomination was approved.
Herbert Hoover
On May 7, 1930, Herbert HooverHerbert Hoover
Herbert Clark Hoover was the 31st President of the United States . Hoover was originally a professional mining engineer and author. As the United States Secretary of Commerce in the 1920s under Presidents Warren Harding and Calvin Coolidge, he promoted partnerships between government and business...
's nomination of John J. Parker
John J. Parker
John Johnston Parker was a U.S. judge who failed confirmation to the Supreme Court by one vote. He was also the U.S. alternate judge at the Nuremberg Trials of Nazi war criminals and later served on the United Nations' International Law Commission.John J. Parker was born in Monroe, North Carolina,...
for the Supreme Court was rejected by a vote of 39–41.
Lyndon B. Johnson
JohnsonLyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
nominated 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...
, then an associate justice, for Chief Justice. Controversy ensued regarding Fortas's extrajudicial activities, and at Fortas's request, Johnson withdrew the nomination prior to a vote of the full Senate. 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...
continued to serve as Chief Justice through the 1968 election. The succeeding President, Nixon, nominated Warren Burger, who was promptly confirmed.
When Johnson nominated Fortas, he also nominated Homer Thornberry
Homer Thornberry
William Homer Thornberry was a United States Representative from the 10th congressional district of Texas from 1948 to 1963, and then was a federal judge.-Biography:...
to fill Fortas' seat. Since Fortas withdrew his name from the Chief Justice nomination, but maintained his seat as an Associate Justice (with Earl Warren continuing as Chief Justice), the nomination of Thornberry was void. He was never voted on by the Senate.
Richard Nixon
When Abe Fortas resigned in 1969 because of a scandal separate from his Chief Justice bid, NixonRichard 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 Clement Haynsworth
Clement Haynsworth
Clement Furman Haynsworth, Jr. was a United States judge and an unsuccessful nominee for the United States Supreme Court....
, a Southern jurist. His nomination was rejected by the Senate by a vote of 45–55 on November 21, 1969.
In response, Nixon nominated G. Harrold Carswell
Harold Carswell
George Harrold Carswell 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.-Early years:...
, a Southerner with a history of supporting segregation and opposing women's rights. The Senate rejected his nomination 45 to 51 on April 8, 1970 following much pressure from the Civil Rights and Feminist Movements and impassioned testimony from 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...
and others.
Nixon finally nominated 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 :...
for the Fortas vacancy, and Blackmun was confirmed by the Senate with no opposition on 17 May 1970.
Nixon was soon faced with two more Supreme Court vacancies when John Harlan
John Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...
and Hugo Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
retired. Nixon considered nominating Arkansas lawyer Hershel Friday
Hershel Friday
Herschel H. Friday was an Arkansas bond lawyer whom President Richard Nixon considered appointing to the United States Supreme Court...
and California intermediate appellate judge Mildred Lillie
Mildred Lillie
Mildred Lillie was a California judge whom President Richard Nixon seriously considered for the Supreme Court of the United States in 1971...
to the high court. By tradition at the time, potential Supreme Court nominees were first disclosed to the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
's standing committee on the federal judiciary. When it became apparent that this twelve member committee would find that both were unqualified, Nixon passed over Friday and Lillie for Lewis Powell
Lewis Franklin Powell, Jr.
Lewis Franklin Powell, Jr. was an Associate Justice of the Supreme Court of the United States. He developed a reputation as a judicial moderate, and was known as a master of compromise and consensus-building. He was also widely well regarded by contemporaries due to his personal good manners and...
and William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
. Powell was confirmed by an 89-1 vote, and Rehnquist was confirmed 68-22.
Ronald Reagan
When Lewis PowellLewis Franklin Powell, Jr.
Lewis Franklin Powell, Jr. was an Associate Justice of the Supreme Court of the United States. He developed a reputation as a judicial moderate, and was known as a master of compromise and consensus-building. He was also widely well regarded by contemporaries due to his personal good manners and...
retired in July 1987, Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
nominated Robert Bork
Robert Bork
Robert Heron Bork is an American legal scholar who has advocated the judicial philosophy of originalism. Bork formerly served as Solicitor General, Acting Attorney General, and judge for the United States Court of Appeals for the District of Columbia Circuit...
. Bork was a member of the Court of Appeals for the District of Columbia
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
at the time and known as a proponent of constitutional originalism
Originalism
In the context of United States constitutional interpretation, originalism is a principle of interpretation that tries to discover the original meaning or intent of the constitution. It is based on the principle that the judiciary is not supposed to create, amend or repeal laws but only to uphold...
. Bork lost confirmation by a Senate vote of 42 to 58, largely due to Bork's controversial opinions on constitutional issues and his role in the 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...
Saturday Night Massacre
Saturday night massacre
The "Saturday Night Massacre" was the term given by political commentators to U.S. President Richard Nixon's executive dismissal of independent special prosecutor Archibald Cox, and the resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus on October 20,...
.
Reagan then announced his intention to nominate Douglas H. Ginsburg
Douglas H. Ginsburg
Douglas Howard Ginsburg is a judge on the United States Court of Appeals for the District of Columbia Circuit. He was appointed to this court in October 1986 by President Ronald Reagan. He served as its Chief Judge from July 16, 2001 until February 10, 2008...
to the court. Before Ginsburg could be officially nominated, he withdrew himself from consideration under heavy pressure after revealing that he had smoked marijuana
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
with his students while a professor at 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...
. Reagan then nominated Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
, who was confirmed by a Senate vote of 97–0.
George W. Bush
BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
nominated John Roberts as an Associate Justice to replace retiring Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
. Following the death of Chief Justice William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
on September 3, 2005, this nomination was withdrawn and a new nomination, of Roberts as Chief Justice, was made. He was confirmed by the Senate by a vote of 78 to 22.
There was still an appointment to be made for a replacement for Sandra Day O'Connor, and on October 3, 2005 Bush nominated Harriet Miers
Harriet Miers
Harriet Ellan Miers is an American lawyer and former White House Counsel. In 2005, she was nominated by President George W. Bush to be an Associate Justice of the U.S...
, a corporate attorney from Texas who had served as Bush's private attorney and as White House Counsel
White House Counsel
The White House Counsel is a staff appointee of the President of the United States.-Role:The Counsel's role is to advise the President on all legal issues concerning the President and the White House...
. Miers was widely perceived as unqualified for the position, and it later emerged that she had allowed her law license to lapse for a time. The nomination was immediately attacked by politicians and commentators from across the political spectrum. At Miers' request, Bush withdrew her nomination on October 27, ostensibly to avoid violating executive privilege
Executive privilege
In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government...
by disclosing details of her work at the White House. Four days later, Bush nominated Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
to the seat. Alito was confirmed by a vote of 58–42 on January 31, 2006.
Table
| Nominee | Year | Nominated by | Outcome |
|---|---|---|---|
| William Paterson | 1793 | Washington | Withdrawn* |
| John Rutledge John Rutledge John Rutledge was an American statesman and judge. He was the first Governor of South Carolina following the signing of the Declaration of Independence, the 31st overall... |
1795 | Washington | Rejected, 10-14 |
| Alexander Wolcott Alexander Wolcott Alexander Wolcott was a United States customs inspector and a nominee to the Supreme Court of the United States. A leader of the Democratic-Republican Party in Connecticut, he holds the dubious distinction of being defeated by the widest margin of any Supreme Court nominee in American history: 9–24... |
1811 | Madison | Rejected, 9-24 |
| John J. Crittenden John J. Crittenden John Jordan Crittenden was a politician from the U.S. state of Kentucky. He represented the state in both the U.S. House of Representatives and the U.S. Senate and twice served as United States Attorney General in the administrations of William Henry Harrison and Millard Fillmore... |
1828 | J.Q. Adams | Postponed** |
| Roger B. Taney Roger B. Taney Roger Brooke Taney was the fifth Chief Justice of the United States, holding that office from 1836 until his death in 1864. He was the first Roman Catholic to hold that office or sit on the Supreme Court of the United States. He was also the eleventh United States Attorney General. He is most... |
1835 | Jackson | Postponed* |
| John C. Spencer | 1844 | Tyler | Rejected, 21-26† |
| Reuben H. Walworth Reuben H. Walworth Reuben Hyde Walworth was an American lawyer and politician... |
1844 | Tyler | Withdrawn**† |
| Edward King Edward King (jurist) Edward King was a prominent 19th century lawyer and jurist, perhaps best known today as having twice been unsuccessfully nominated to the United States Supreme Court.... |
1845 | Tyler | Withdrawn**† |
| John M. Read John M. Read John Meredith Read was an American lawyer, jurist, and politician from Philadelphia, Pennsylvania. He was one of the founders of the Republican Party and Chief Justice of the Pennsylvania Supreme Court.-Early life:... |
1845 | Tyler | No Action |
| George W. Woodward | 1845 | Polk | Rejected, 20-29 |
| Edward A. Bradford | 1852 | Fillmore | No Action |
| George E. Badger | 1853 | Fillmore | Postponed*** |
| William C. Micou | 1853 | Fillmore | No Action |
| Jeremiah S. Black Jeremiah S. Black Jeremiah Sullivan Black was an American statesman and lawyer. He was the son of Representative Henry Black, and the father of writer and Lieutenant Governor of Pennsylvania Chauncey Forward Black.... |
1861 | Buchanan | Rejected, 25-26 |
| Henry Stanberry | 1866 | A. Johnson | Nullified‡ |
| Ebenezer R. Hoar Ebenezer R. Hoar Ebenezer Rockwood Hoar was an influential American politician and lawyer from Massachusetts.- Early life :... |
1869 | Grant | Rejected, 24-23 |
| George Henry Williams George Henry Williams George Henry Williams was an American judge and politician. He served as Chief Justice of the Oregon Supreme Court, was the 32nd Attorney General of the United States, and served one term in the United States Senate... |
1873 | Grant | Postponed*** |
| Caleb Cushing Caleb Cushing Caleb Cushing was an American diplomat who served as a U.S. Congressman from Massachusetts and Attorney General under President Franklin Pierce.-Early life:... |
1874 | Grant | Withdrawn |
| Thomas Stanley Matthews Thomas Stanley Matthews Thomas Stanley Matthews , known as Stanley Matthews, was an Associate Justice of the United States Supreme Court, serving from May 1881 to his death in 1889. Matthews was the Court's 46th justice... |
1881 | Hayes | No Action* |
| William B. Hornblower William B. Hornblower William Butler Hornblower was a New York jurist who was unsuccessfully nominated to the United States Supreme Court by President Grover Cleveland in 1893.-Early life and education:... |
1893 | Cleveland | Rejected, 24-30 |
| Wheeler Hazard Peckham Wheeler Hazard Peckham Wheeler Hazard Peckham was an American lawyer from New York and a failed nominee to the Supreme Court of the United States. His father, Rufus Wheeler Peckham, was also a lawyer, and a New York Court of Appeals judge and congressman. His brother, also named Rufus Wheeler Peckham, was also a New... |
1894 | Cleveland | Rejected, 32-41 |
| John J. Parker John J. Parker John Johnston Parker was a U.S. judge who failed confirmation to the Supreme Court by one vote. He was also the U.S. alternate judge at the Nuremberg Trials of Nazi war criminals and later served on the United Nations' International Law Commission.John J. Parker was born in Monroe, North Carolina,... |
1930 | Hoover | Rejected, 39-41 |
| 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... |
1968 | L.B. Johnson | Withdrawn†† |
| Homer Thornberry Homer Thornberry William Homer Thornberry was a United States Representative from the 10th congressional district of Texas from 1948 to 1963, and then was a federal judge.-Biography:... |
1968 | L.B. Johnson | Nullified†‡ |
| Clement Haynsworth Clement Haynsworth Clement Furman Haynsworth, Jr. was a United States judge and an unsuccessful nominee for the United States Supreme Court.... |
1969 | Nixon | Rejected, 45-55 |
| G. Harrold Carswell | 1970 | Nixon | Rejected, 45-51 |
| Robert H. Bork | 1987 | Reagan | Rejected, 42-58 |
| Douglas H. Ginsburg Douglas H. Ginsburg Douglas Howard Ginsburg is a judge on the United States Court of Appeals for the District of Columbia Circuit. He was appointed to this court in October 1986 by President Ronald Reagan. He served as its Chief Judge from July 16, 2001 until February 10, 2008... |
1987 | Reagan | Withdrawn |
| Harriet Miers Harriet Miers Harriet Ellan Miers is an American lawyer and former White House Counsel. In 2005, she was nominated by President George W. Bush to be an Associate Justice of the U.S... |
2005 | G.W. Bush | Withdrawn |
Notes:
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