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Encyclopedia > Defeated nominees to the U.S. Supreme Court

Justices of the Supreme Court of the United States are nominated by the President and confirmed by the Senate. Sometimes, the President's choice for the court is rejected by the Senate, sometimes they withdraw under pressure, and sometimes the nominee declines the nomination. As of 2005, 150 people have been officially nominated to the US Supreme Court. The Senate has rejected twelve, taken no action on five and postponed votes on three. The President has withdrawn his nomination on seven occasions. Seven others have declined the nomination. Seal of the Supreme Court The Supreme Court of the United States is the highest court in the United States of America, and is the head of the Judicial Branch of the Federal Government, one of three separate and equal governmental bodies, along with the Legislative and the Executive branches. ... The President of the United States (often abbreviated POTUS) is the head of state of the United States. ... Seal of the Senate The United States Senate is one of the two houses of the Congress of the United States, the other being the House of Representatives. ... 2005(MMV) is a common year starting on Saturday of the Gregorian calendar. ...


Presidential administrations are listed with any defeated Supreme Court nominees.

Contents


George Washington (2)

William Paterson was nominated for the Supreme Court on Feb 27, 1793. The nomination was withdrawn. The message was received by the Senate on Feb 28, 1793. George Washington (February 22, 1732–December 14, 1799) was an American planter, political figure, and military leader. ... Several notable individuals have been named William Paterson: William Paterson (banker) (1658-1719), Scottish trader, a founder of the Bank of England, deviser of the Darién scheme William Paterson (jurist) (1745-1806), American statesman, signed US Constitution William Paterson (governor) (1755-1810), early lieutenant governor of Tasmania William Paterson (Canadian... 1793 was a common year starting on Tuesday (see link for calendar). ...


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. John Rutledge John Rutledge (September 1739-July 18, 1800) was Governor of South Carolina, delegate to the Constitutional Convention, and served on the U.S. Supreme Court (Chief Justice from August to December 1795). ... 1795 was a common year starting on Thursday (see link for calendar). ... John Jay The Jay Treaty of 1795 (also known as Jays Treaty or the Treaty of London), named after U.S. Supreme Court chief justice John Jay, was a treaty between the United States and Great Britain signed on November 19, 1794 that attempted to clear up some of...


James Madison (3)

When William Cushing left the bench, Madison nominated Levi Lincoln who declined the nomination. James Madison (March 16, 1751 – June 28, 1836) was the fourth (1809–1817) President of the United States. ... William Cushing (March 1, 1732–September 13, 1810) was an early associate justice of the United States Supreme Court, from its inception to his death. ... Levi Lincoln (May 15, 1749–April 14, 1820) 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, Governor of Massachusetts, Lieutenant Governor of Massachusetts, a U.S. Representative...


Alexander Wolcott was then nominated but was rejected by a vote of 9-24 on Feb 13, 1811. 1811 was a common year starting on Tuesday (see link for calendar). ...


Then John Quincy Adams was nominated but declined the nomination. Bold text John Quincy Adams (July 11, 1767 – February 23, 1848) was the sixth (1825-1829) President of the United States. ...


John Quincy Adams (1)

John J. Crittenden was nominated on Dec 18, 1828. The Senate postponed the vote on his confirmation, by a vote of 23-17, on Feb 12, 1829. The Senate did not explicitly vote to "postpone indefintely", the resolution did have that effect. Bold text John Quincy Adams (July 11, 1767 – February 23, 1848) was the sixth (1825-1829) President of the United States. ... John Jordan Crittenden (September 10, 1786–July 26, 1863) was an American statesman. ... 1828 was a leap year starting on Tuesday (see link for calendar). ... 1829 was a common year starting on Thursday (see link for calendar). ...


Andrew Jackson (1)

Roger B. Taney was nominated 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 indefintely. Later, after the political composition of the Senate changed, Taney was confirmed as Chief Justice. Andrew Jackson (March 15, 1767–June 8, 1845), one of the founders of the Democratic Party, was the seventh President of the United States, serving from 1829 to 1837. ... Chief Justice Taney Roger Brooke Taney (pronounced TAW-nee) (March 17, 1777–October 12, 1864) was the fifth Chief Justice of the United States from 1836 until his death in 1864. ... January 15 is the 15th day of the year in the Gregorian Calendar. ... 1835 was a common year starting on Thursday (see link for calendar). ... March 3 is the 62nd day of the year in the Gregorian Calendar (63rd in leap years). ... 1835 was a common year starting on Thursday (see link for calendar). ... The Chief Justice of the United States is the head of the Judicial Branch of the government of the United States, and presides over the Supreme Court of the United States. ...


John Tyler (8)

John C. Spencer was nominated on Jan 9, 1844 and his nomination was defeated by a vote of 21-26 on Jan 31, 1844. John Tyler (March 29, 1790 - January 18, 1862), of Virginia, was the tenth (1841) Vice President of the United States, and the tenth (1841-1845) President of the United States. ... John Canfield Spencer (January 8, 1788 – May 18, 1855) was an American politician who was Secretary of War from 1841 to 1843 and Secretary of the Treasury from 1843 to 1844 under President John Tyler. ... 1844 was a leap year starting on Monday (see link for calendar). ...


Reuben H. Walworth was nominated on Mar 13, 1844, and a resolution to table the nomination passed on a 27-20 vote on Jun 15, 1844. The nominated 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. Edward King refers to more than one person; Edward King (British poet) 1612 - 1637. ...


John C. Spencer was again nominated on Jun 17, 1844, but there is no record of debate and the letter withdrawing the nomination was received on the same day. John Canfield Spencer (January 8, 1788 – May 18, 1855) was an American politician who was Secretary of War from 1841 to 1843 and Secretary of the Treasury from 1843 to 1844 under President John Tyler. ...


Reuben H. Walworth was nominated again on Jun 17, 1844, but the motion to act on the nomination in the Senate was objected to, and no further action was taken.


Reuben H. Walworth was nominated again on Dec 10, 1844, but the nomination was tabled on Jan 21, 1845 and withdrawn on Feb 6, 1845.


Edward King was nominated again on Dec 10, 1844, but the nomination was tabled on Jan 21, 1845 and withdrawn on Feb 8, 1845. Edward King refers to more than one person; Edward King (British poet) 1612 - 1637. ...


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. John Meredith Read (July 21, 1797– (November 29, 1874) was an American lawyer, jurist, and politician from Philadelphia, Pennsylvania. ...


James K. Polk

James Polk nominated George W. Woodward to replace Henry Baldwin. The Senate rejected him by a vote of 20-29. James Knox Polk (November 2, 1795 – June 15, 1849) was the eleventh President of the United States, serving from March 4, 1845 to March 4, 1849. ... Categories: People stubs | U.S. Supreme Court justices ...


James Buchanan

Buchanan nominated Jeremiah S. Black to the court. The Senate voted 25-26 against confirming him. James Buchanan (April 23, 1791 – June 1, 1868) was the 15th President of the United States (1857-1861). ... Jeremiah Sullivan Black (January 10, 1810–August 19, 1883) was an American statesman and lawyer. ...


Andrew Johnson

Two justices died in office during Johnson's administration. The United States Congress acted preemptively to deny Johnson any nominations to the court by passing the Judicial Circuits Act of 1866, which automatically reduced the size of the court whenever a vacancy occurred. Congress restored the size of the court to 9 members once Johnson was out of office. Order: 17th President Vice President: none Term of office: April 15, 1865 – March 4, 1869 Preceded by: Abraham Lincoln Succeeded by: Ulysses S. Grant Date of birth: December 29, 1808 Place of birth: Raleigh, North Carolina Date of death: July 31, 1875 Place of death: near Elizabethton, Tennessee First Lady... The Congress of the United States is the legislative branch of the federal government of the United States of America. ... The Judicial Circuits Act of 1866 reorganized the United States federal judicial circuit courts and provided for the gradual elimination of several seats on the Supreme Court of the United States. ... 1866 is a common year starting on Monday. ...


Ulysses S. Grant

Ulysses Grant nominated Ebenezer R. Hoar to a new seat on the court. The Senate rejected this nomination by a vote of 24-33. Ulysses S. Grant (April 27, 1822 – July 23, 1885) was a Union general in the American Civil War and the 18th President of the United States (1869–1877). ... Ebenezer Rockwood Hoar (February 21, 1816–January 31, 1895) was an American politician. ...


Grant also nominated Edwin M. Stanton, former Attorney General and Secretary of War to the court. The nomination was confirmed, but Stanton died before he was commissioned. Edwin M. Stanton Edwin McMasters Stanton (December 19, 1814 – December 24, 1869), was an American lawyer, politician and Secretary of War through most of the American Civil War and in the Reconstruction era. ... Alberto Gonzales, current Attorney General of the United States 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 Secretary of War was a member of the Presidents Cabinet, beginning with George Washingtons administration. ...


Grover Cleveland

In Grover Cleveland's second term, Associate Justice Samuel Blatchford died. This seat was traditionally held by a New Yorker. 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 H. 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 from Louisiana, Edward Douglass White to the court. His nomination was approved. Stephen Grover Cleveland (March 18, 1837 – June 24, 1908) was the 22nd (1885–1889) and 24th (1893–1897) President of the United States, and the only President to serve two non-consecutive terms. ... Samuel Blatchford (March 9, 1820–July 7, 1893) was an associate justice of the United States Supreme Court from April 3, 1882 until his death. ... State nickname: Empire State Other U.S. States Capital Albany Largest city New York City Governor George Pataki (R) Senators Charles Schumer (D) Hillary Rodham Clinton (D) Official languages None (English is de facto) Area 141,205 km² (27th)  - Land 122,409 km²  - Water 18,795 km² (13. ... In the United States, senatorial courtesy is the custom whereby the Senate will refuse to confirm any Presidental appointments if objections are raised by either the senior Senator of the Presidents political party, or the Senators from the state to which the appointment applies. ... David Bennett Hill (August 29, 1843 - October 20, 1910) was a Governor of New York. ... January 15 is the 15th day of the year in the Gregorian Calendar. ... 1894 was a common year starting on Monday (see link for calendar). ... Wheeler Hazard Peckham (January 1, 1833 - ?) was a lawyer from New York and a failed nominee to the Supreme Court of the United States. ... February 16 is the 47th day of the year in the Gregorian Calendar. ... 1894 was a common year starting on Monday (see link for calendar). ... Chief Justice Edward Douglass White took the office in 1910. ...


Herbert Hoover

On May 7, 1930, John J. Parker's nomination for the Supreme Court was rejected by a vote of 39-41. Herbert Clark Hoover (August 10, 1874 – October 20, 1964) is best known as being the 31st President of the United States (1929-1933). ... May 7 is the 127th day of the year in the Gregorian Calendar (128th in leap years). ... 1930 is a common year starting on Wednesday. ... John Johnston Parker (November 20, 1885 - March 17, 1958) was an American federal judge and an unsuccessful nominee to the United States Supreme Court. ...


Lyndon Johnson

Johnson nominated Abe Fortas for Chief Justice. Fortas was, at the time, an associate 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 act as Chief Justice through the 1968 election. After his inauguration, Nixon nominated Warren Burger, who was promptly confirmed. Lyndon Baines Johnson (August 27, 1908–January 22, 1973), often referred to as LBJ, was an American politician. ... Abe Fortas Abraham Fortas (June 19, 1910 - April 5, 1982) was a U.S. Supreme Court associate justice. ... Earl Warren Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney, the 30th Governor of California and the 14th Chief Justice of the United States from 1953 to 1969. ... Presidential electoral votes by state. ... Warren Burger at a press conference in May 1969 shortly after he was nominated to be Chief Justice of the United States. ...


When he nominated Fortas, he also nominated Homer Thornberry to fill Fortas' seat. Since Fortas withdrew his name from the Chief Justice position, but maintained his seat as an Associate Justice, the nomination of Thornberry was moot. He was never voted on by the Senate. William Homer Thornberry (January 9, 1909 - December 12, 1995) was a United States Representative from the 10th congressional district of Texas from 1948 to 1963. ...


Richard Nixon

When Abe Fortas resigned in 1969, Nixon nominated Clement Haynsworth, a Southern jurist. His nomination was rejected by the Senate by a vote of 45-55 on November 21, 1969. Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the thirty-seventh President of the United States, serving from 1969 to 1974. ... Abe Fortas Abraham Fortas (June 19, 1910 - April 5, 1982) was a U.S. Supreme Court associate justice. ... Clement Furman Haynsworth, Jr. ... November 21 is the 325th day of the year (326th in leap years) in the Gregorian Calendar. ... 1969 was a common year starting on Wednesday For other uses, see Number 1969. ...


In response, Nixon nominated G. Harold Carswell, a Southerner with a history of supporting segregation.The Senate rejected his nomination 45 to 51 on April 8, 1970. Nixon finally nominated Harry Blackmun, a childhood friend of Justice Burger, who was confirmed. George Harrold Harold Carswell (December 22, 1919 - July 13, 1992) was a Federal Judge and an unsuccessful nominee to the United States Supreme Court. ... April 8 is the 98th day of the year in the Gregorian calendar (99th in leap years). ... 1970 was a common year starting on Thursday. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... Warren Burger at a press conference in May 1969 shortly after he was nominated to be Chief Justice of the United States. ...


Ronald Reagan

When Lewis Powell 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. Bork lost confirmation by a Senate vote of 42 to 58, largely because Bork had written about his views on many controversial constitutional issues. Because his position as an originalist and a conservative was well-known, many interest groups moved to block his nomination. Ronald Wilson Reagan, GCB, (February 6, 1911 – June 5, 2004) was the 40th President of the United States (1981–1989) and the 33rd Governor of California (1967–1975). ... Lewis Franklin Powell, Jr. ... Robert Bork Robert Heron Bork (born March 1, 1927 in Pittsburgh, Pennsylvania) is a conservative American legal scholar and former judge who advocates the judicial philosophy of originalism. ... The Framers sign the Constitution in 1788. ...


Reagan then nominated Douglas H. Ginsburg to the court. Ginsburg withdrew his nomination under heavy pressure after revealing that he had previously smoked marijuana. Reagan nominated Anthony Kennedy, who was confirmed by a Senate vote of 97-0. Douglas H. Ginsburg (born May 25, 1946) is the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit. ... Cannabis is a plant also known as Cannabis sativa, hemp, or marijuana. ... Justice Anthony Kennedy For other people of the same name, see Anthony Kennedy (disambiguation). ...


References


 

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