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Encyclopedia > Unsuccessful nominations to the Supreme Court of the United States

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 U.S. 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 The President has withdrawn his nomination on seven occasions.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 Scotus redirects here. ... 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 chambers 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with any unsuccessful Supreme Court nominees--that is, nominees who either declined their own nomination or who were withdrawn by the president.

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 The nomination was withdrawn.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, the highest ranking military leader in U.S. history and first President of the United States. ... William Paterson (December 24, 1745–September 9, 1806) was a New Jersey statesman and signer of the United States Constitution. ... 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 Chief Justice of the United States 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, Sr. 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, Sr. ...


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. 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", but the resolution did have that effect. 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 indefinitely. 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) 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 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.


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.


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.


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 (1)

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 3, 1849. ... Categories: People stubs | U.S. Supreme Court justices ...


James Buchanan (1)

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 (2)

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. Andrew Johnson (December 29, 1808 – July 31, 1875) was the sixteenth Vice President (1865) and the seventeenth President of the United States (1865–1869), succeeding to the presidency upon the assassination of Abraham Lincoln. ... 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 (2)

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 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 eventually 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 (2)

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 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 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: The 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 or 54,556 square miles (27th)  - Land 122,409 km²  - Water... 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 (1)

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 (MCMXXX) 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 (1)

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 Johnson 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 (2)

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 (MCMLXIX) was a common year starting on Wednesday For other uses, see Number 1969. ...


In response, Nixon nominated G. Harrold Carswell, a Southerner with a history of supporting segregation. The Senate rejected his nomination 45 to 51 on April 8, 1970. 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 (MCMLXX) was a common year starting on Thursday. ...


Nixon finally nominated Harry Blackmun for the Fortas vacancy, and Fortas was confirmed. 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. ...


Nixon was soon faced with two more Supreme Court vacancies when John Harlan and Hugo Black retired. Nixon announced that he would nominate Arkansas lawyer Hershel Friday and California intermediate appellate judge Mildred Lillie to the high court. The American Bar Association reported that both were unqualified, and Nixon then passed Friday and Lillie over for Lewis Powell and William Rehnquist. There have been several notable people named John Harlan: John Marshall Harlan, a former Supreme Court Associate Justice John Marshall Harlan II, Harlans grandson, who also became a Supreme Court justice John Harlan, a 20th Century television announcer This is a disambiguation page — a navigational aid which lists other... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... Hershel Friday was an Arkansas lawyer whom President Richard Nixon announced he was appointing to the United States Supreme Court. ... Mildred Lillie (January 25, 1915 - October 27, 1987) was a California judge whom President Richard Nixon announced as a nominee for the United States Supreme Court. ... The American Bar Association (ABA) is a voluntary bar association of lawyers which is not specific to any jurisdiction in the United States. ... Notable people with the name Lewis Powell include: Lewis Powell, one of the conspirators hanged for the assassination of United States President Abraham Lincoln. ... William Hubbs Rehnquist William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist and political figure, who served as an Associate Justice on the Supreme Court of the United States from 1972 until 1986, and as the 16th Chief Justice of the United States from 1986...


Ronald Reagan (2)

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, but perhaps also because of his role in the Saturday Night Massacre. Because his position as an originalist and a conservative was well-known, many interest groups moved to block his nomination. Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was the 40th President of the United States (1981–1989) and the 33rd Governor of California (1967–1975). ... Official portrait of Justice Powell, 1976. ... Robert Bork Robert Heron Bork (born March 1, 1927 in Pittsburgh, Pennsylvania) is a conservative American legal scholar who advocates the judicial philosophy of originalism. ... The Saturday night massacre (October 20, 1973) was the term given by political commentators to U.S. President Richard Nixons executive dismissal of independent special prosecutor Archibald Cox, and the forced resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus during the controversial and drawn-out... 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 Douglas H. Ginsburg (born May 25, 1946) is the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit. ... Species Cannabis indica Cannabis ruderalis Cannabis sativa Cannabis is a genus of flowering plant that includes one or more species. ... Justice Anthony Kennedy For other people of the same name, see Anthony Kennedy (disambiguation). ...


George W. Bush (1)

Bush's first nominee to replace retiring Associate Justice Sandra Day O'Connor was D.C. Circuit judge John G. Roberts. After Chief Justice William H. Rehnquist's death on September 3, Bush withdrew his nomination of Roberts for Associate Justice and nominated him for Chief Justice, to which he was confirmed. George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States. ... Justice Sandra Day OConnor Sandra Day OConnor (born March 26, 1930) has been an Associate Justice of the Supreme Court of the United States since 1981. ... [edit] John G. Roberts, Jr. ... William H. Rehnquist has served as the Chief Justice of the United States since 1986. ... September 3 is the 246th day of the year (247th in leap years). ...


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, to replace O'Connor. Miers was widely perceived as unqualified for the position (she had never served as a judge), and lacked a clear record on controversial issues. 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. See Harriet Miers Supreme Court nomination for further details. Four days later, Bush nominated Samuel Alito to the seat. October 3 is the 276th day of the year (277th in Leap years). ... 2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ... Harriet Miers Harriet Ellan Miers (born August 10, 1945) is an American lawyer, currently serving as White House Counsel. ... The White House Counsel is a staff appointee of the President of the United States. ... October 27 is the 300th day of the year (301st in leap years) in the Gregorian Calendar, with 65 days remaining. ... Executive privilege is a claim asserted by the President of the United States and other members of the executive branch to justify withholding of documents and information from other branches of government. ... It has been suggested that this article or section be merged into Harriet Miers. ... See main article: Samuel Alito Supreme Court nomination Samuel A. Alito, Jr. ...


References


  Results from FactBites:
 
The Supreme Court of the United States (1398 words)
United States Law Week, a weekly law journal from BNA, summaries of cases on the court's dockets and up-to-date status information in the Supreme Court Today section.
Findlaw's U.S. Supreme Court Center is a handy place to find dockets, calendars, and briefs, for the current terms, and past terms back to October 1991.
Johnny H. Killian and George A. Costello (eds.), The Constitution of the United States of America: Analysis and Interpretation: annotations of cases decided by the Supreme Court of the United States to June 29, 1992.
  More results at FactBites »

 

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