List of nominations to the Supreme Court of the United States
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The Supreme Court of the United States is the highest ranking judicial body in the United States. Established by Article III of the Constitution, the Court was organized by the 1st United States Congress through the Judiciary Act of 1789, which specified its original and appellate jurisdiction, created 13 judicial districts, and fixed the size of the Supreme Court at six, with one chief justice and five associate justices.[1] During the 19th century, Congress changed the size of the Court on seven occasions, concluding with the Judiciary Act of 1869 which stipulates that the Court consists of the chief justice and eight associate justices.[2]
Article II, Section 2, Clause 2 of the Constitution grants plenary power to the president of the United States to nominate, and with the advice and consent (confirmation) of the United States Senate, appoint justices to the Supreme Court. Nominations to the Supreme Court are considered to be official when the Senate receives a signed nomination letter from the president naming the nominee, which is then entered in the Senate's record. Since 1789, there have been 165 formal nominations (of 146 persons) to the Supreme Court; 128 of them (123 persons) have been confirmed.[3] The most recent nomination to be confirmed was that of Ketanji Brown Jackson in 2022.[4] Of the 37 that were unsuccessful, 11 nominees were rejected in Senate roll-call votes, 12 were withdrawn by the president, and 14 lapsed at the end of a session of Congress. Six of these unsuccessful nominees were subsequently nominated and confirmed to other seats on the Court.[5] Additionally, although confirmed, seven nominees either declined office or (in one instance) died before assuming office.[3]
An important role in this process is played by the Senate Judiciary Committee, which conducts a comprehensive evaluation of a nominee's background and qualifications before the Senate considers the nomination. Once confirmed to a seat on the Court, justices have life tenure, and so they serve until they die in office, resign or retire, or are impeached and removed from office. Even so, as it requires a separate presidential appointment, an incumbent associate justice who is nominated to be chief justice must undergo the confirmation process again.[5]
On rare occasions, presidents have made Supreme Court appointments without the Senate's consent, when the Senate is in recess. Such "recess appointments", however, are temporary, expiring at the end of the Senate's next session. Presidents have made recess appointments on 12 occasions, most recently in 1958. Every recess appointed justice was later nominated to the same position, and all but one—John Rutledge in 1795 to be chief justice—was confirmed by the Senate.[5] The 1795 Rutledge nomination was the first Supreme Court nomination to be rejected by the Senate; the most recent nomination to be voted down was that of Robert Bork in 1987.[3] George Washington holds the record for most Supreme Court nominations, with 14 nominations (12 of which were confirmed). Four presidents—William Henry Harrison, Zachary Taylor, Andrew Johnson, and Jimmy Carter—did not make any nominations, as there were no vacancies while they were in office.[5]
Summary of table
[edit]The table below lists all persons nominated for a seat on the Supreme Court since 1789, in chronological order by date of nomination, along with the actions taken by the president and the Senate on those nominations. Specifically, the table lists the following for each Supreme Court nomination:
- name of each nominee;
- name of the president who made the nomination, and their political party affiliation;
- name of the justice whose departure created the vacancy (the column sorts so as to show the person-to-person succession of judges since 1789);
- majority party in the Senate at the time of the nomination;
- date on which the president formally made the nomination, by signing a nomination message;
- outcome, the type and date of final action by the Senate, or of a nomination's withdrawal by the president;
- number of days that elapsed from the date a nomination was formally submitted until the date of final Senate action or the nomination's withdrawal.
The following final results of the nomination process are tracked:
- confirmed – nominations confirmed by the Senate (including those of persons who subsequently declined to serve, or who died before taking office);
- withdrawn – nominations withdrawn by the president prior to a confirmation vote;
- rejected – nominations rejected by the Senate;
- lapsed – nominations that lapsed at the end of a session of Congress without a Senate vote cast on whether to confirm (including nominations that were postponed or tabled by the Senate that were not given further consideration).
Additionally, where the final Senate action on a nomination was a roll-call vote (as opposed to a voice vote or unanimous consent), the totals for and against are noted.
In listing all persons ever nominated to the Supreme Court, the table includes the names of those who were not confirmed as well as those who were confirmed but did not assume office. For a list solely of the 115 individuals who assumed office and served on the Court, see List of justices of the Supreme Court of the United States. Not included in the table are intended nominees, announced presidential selections whose names were withdrawn prior to being formally submitted to the Senate,[A] as such persons were never officially nominated to the Court.
Nominations
[edit]Nominations to the Supreme Court of the United States since 1789[3][5][8][9] | |||||||
---|---|---|---|---|---|---|---|
Nominee | Nominated by | Succession | Nomination | ||||
Name | President | Party | Justice | Senate Majority party[10] |
Date submitted |
Outcome (vote) and date |
No. of Days |
John Jay | Washington | None | Inaugural | Pro Admin | Sep. 24, 1789 | confirmed Sep. 26, 1789 |
2
|
John Rutledge | Washington | None | Inaugural | Pro Admin | Sep. 24, 1789 | confirmed Sep. 26, 1789 |
2
|
William Cushing | Washington | None | Inaugural | Pro Admin | Sep. 24, 1789 | confirmed Sep. 26, 1789 |
2
|
Robert H. Harrison | Washington | None | Inaugural | Pro Admin | Sep. 24, 1789 | confirmed[B] Sep. 26, 1789 |
2
|
James Wilson | Washington | None | Inaugural | Pro Admin | Sep. 24, 1789 | confirmed Sep. 26, 1789 |
2
|
John Blair Jr. | Washington | None | Inaugural | Pro Admin | Sep. 24, 1789 | confirmed Sep. 26, 1789 |
2
|
James Iredell | Washington | None | Inaugural | Pro Admin | Feb. 8, 1790 | confirmed Feb. 10, 1790 |
2
|
Thomas Johnson[C] | Washington | None | J. Rutledge | Pro Admin | Oct. 31, 1791 | confirmed Nov. 7, 1791 |
7
|
William Paterson | Washington | None | T. Johnson | Pro Admin | Feb. 27, 1793 | withdrawn Feb. 28, 1793 |
1
|
William Paterson | Washington | None | T. Johnson | Pro Admin | Mar. 4, 1793 | confirmed Mar. 4, 1793 |
0
|
John Rutledge[C] | Washington | None | Jay | Federalist | Dec. 10, 1795 | rejected (10–14) Dec. 15, 1795[11] |
5
|
William Cushing[D] | Washington | None | Rutledge | Federalist | Jan. 26, 1796 | confirmed[E] Jan. 27, 1796 |
1
|
Samuel Chase | Washington | None | Blair | Federalist | Jan. 26, 1796 | confirmed Jan. 27, 1796 |
1
|
Oliver Ellsworth | Washington | None | Rutledge | Federalist | Mar. 3, 1796 | confirmed (21–1) Mar. 4, 1796[12] |
1
|
Bushrod Washington[C] | J. Adams | Federalist | Wilson | Federalist | Dec. 19, 1798 | confirmed Dec. 20, 1798 |
1
|
Alfred Moore | J. Adams | Federalist | Iredell | Federalist | Dec. 4, 1799 | confirmed Dec. 10, 1799 |
6
|
John Jay | J. Adams | Federalist | Ellsworth | Federalist | Dec. 18, 1800 | confirmed[B] Dec. 19, 1800 |
1
|
John Marshall | J. Adams | Federalist | Ellsworth | Federalist | Jan. 20, 1801 | confirmed Jan. 27, 1801 |
7
|
William Johnson | Jefferson | Dem-Rep | Moore | Dem-Rep | Mar. 22, 1804 | confirmed Mar. 24, 1804 |
2
|
Henry B. Livingston[C] | Jefferson | Dem-Rep | Paterson | Dem-Rep | Dec. 13, 1806 | confirmed Dec. 17, 1806 |
4
|
Thomas Todd | Jefferson | Dem-Rep | new seat | Dem-Rep | Feb. 28, 1807 | confirmed Mar. 2, 1807 |
2
|
Levi Lincoln Sr. | Madison | Dem-Rep | W. Cushing | Dem-Rep | Jan. 2, 1811 | confirmed[B] Jan. 3, 1811 |
1
|
Alexander Wolcott | Madison | Dem-Rep | W. Cushing | Dem-Rep | Feb. 4, 1811 | rejected (9–24) Feb. 13, 1811[13] |
9
|
John Quincy Adams | Madison | Dem-Rep | W. Cushing | Dem-Rep | Feb. 21, 1811 | confirmed[B] Feb. 22, 1811 |
1
|
Gabriel Duvall | Madison | Dem-Rep | S. Chase | Dem-Rep | Nov. 15, 1811 | confirmed Nov. 18, 1811 |
3
|
Joseph Story | Madison | Dem-Rep | W. Cushing | Dem-Rep | Nov. 15, 1811 | confirmed Nov. 18, 1811 |
3
|
Smith Thompson[C] | Monroe | Dem-Rep | Livingston | Dem-Rep | Dec. 5, 1823 | confirmed Dec. 9, 1823 |
4
|
Robert Trimble | J. Q. Adams | Adams Rep | Todd | Jacksonian | Apr. 11, 1826 | confirmed (27–5) May 9, 1826[14] |
28
|
John J. Crittenden | J. Q. Adams | Adams Rep | Trimble | Jacksonian | Dec. 17, 1828 | postponed (23–17) February 12, 1829[15] |
57[F]
|
John McLean | Jackson | Jacksonian | Trimble | Jacksonian | Mar. 6, 1829 | confirmed Mar. 7, 1829 |
1
|
Henry Baldwin | Jackson | Jacksonian | Washington | Jacksonian | Jan. 4, 1830 | confirmed (41–2) Jan. 6, 1830[16] |
2
|
James Moore Wayne | Jackson | Democratic | W. Johnson | Natl Rep | Jan. 6, 1835 | confirmed Jan. 9, 1835 |
3
|
Roger B. Taney | Jackson | Democratic | Duvall | Natl Rep | Jan. 15, 1835 | postponed (23–22) March 3, 1835[17] |
47[F]
|
Roger B. Taney | Jackson | Democratic | Marshall | Democratic | Dec. 28, 1835 | confirmed (29–15) Mar. 15, 1836[18] |
78
|
Philip P. Barbour | Jackson | Democratic | Duvall | Democratic | Dec. 28, 1835 | confirmed (30–11) Mar. 15, 1836[19] |
78
|
John Catron | Jackson | Democratic | new seat | Democratic | Mar. 3, 1837 | confirmed (28–15) Mar. 8, 1837[20] |
5
|
William Smith | Jackson | Democratic | new seat | Democratic | Mar. 3, 1837 | confirmed[B] (23–18) Mar. 8, 1837[21] |
5
|
John McKinley[C] | Van Buren | Democratic | new seat | Democratic | Sep. 18, 1837 | confirmed Sep. 25, 1837 |
7
|
Peter Vivian Daniel | Van Buren | Democratic | Barbour | Democratic | Feb. 26, 1841 | confirmed (25–5) Mar. 2, 1841[22] |
4
|
John C. Spencer | Tyler | None | Thompson | Whig | Jan. 8, 1844 | rejected (21–26) Jan. 31, 1844[23] |
23
|
Reuben Walworth | Tyler | None | Thompson | Whig | Mar. 13, 1844 | withdrawn June 17, 1844[G] |
96
|
Edward King | Tyler | None | Baldwin | Whig | June 5, 1844 | postponed (29–18) Jun. 15, 1844[25] |
10[F]
|
John C. Spencer | Tyler | None | Thompson | Whig | June 17, 1844 | withdrawn June 17, 1844 |
0
|
Reuben Walworth | Tyler | None | Thompson | Whig | June 17, 1844 | lapsed |
N/A |
Reuben Walworth | Tyler | None | Thompson | Whig | Dec. 4, 1844 | withdrawn Feb. 6, 1845 |
64
|
Edward King | Tyler | None | Baldwin | Whig | Dec. 4, 1844 | withdrawn Feb. 8, 1845 |
66
|
Samuel Nelson | Tyler | None | Thompson | Whig | Feb. 4, 1845 | confirmed Feb. 14, 1845 |
10
|
John M. Read | Tyler | None | Baldwin | Whig | Feb. 7, 1845 | lapsed |
N/A |
George Woodward | Polk | Democratic | Baldwin | Democratic | Dec. 23, 1845 | rejected (20–29) Jan. 22, 1846[26] |
30
|
Levi Woodbury[C] | Polk | Democratic | Story | Democratic | Dec. 23, 1845 | confirmed Jan. 3, 1846 |
11
|
Robert Cooper Grier | Polk | Democratic | Baldwin | Democratic | Aug. 3, 1846 | confirmed Aug. 4, 1846 |
1
|
Benjamin R. Curtis[C] | Fillmore | Whig | Woodbury | Democratic | Dec. 11, 1851 | confirmed Dec. 23, 1851 |
12
|
Edward A. Bradford | Fillmore | Whig | McKinley | Democratic | Aug. 16, 1852 | Tabled Aug. 31, 1852 |
15[F]
|
George E. Badger | Fillmore | Whig | McKinley | Democratic | Jan. 3, 1853 | Postponed Feb. 11, 1853[27] |
40
|
William C. Micou | Fillmore | Whig | McKinley | Democratic | Feb. 14, 1853 | lapsed |
N/A |
John A. Campbell | Pierce | Democratic | McKinley | Democratic | Mar. 21, 1853 | confirmed Mar. 22, 1853 |
1
|
Nathan Clifford | Buchanan | Democratic | Curtis | Democratic | Dec. 9, 1857 | confirmed (26–23) Jan. 12, 1858[28] |
34
|
Jeremiah S. Black | Buchanan | Democratic | Daniel | Democratic | Feb. 5, 1861 | lapsed[H] |
N/A |
Noah Haynes Swayne | Lincoln | Republican | McLean | Republican | Jan. 21, 1862 | confirmed (38–1) Jan. 24, 1862[30] |
3
|
Samuel Freeman Miller | Lincoln | Republican | Daniel | Republican | July 16, 1862 | confirmed July 16, 1862 |
0
|
David Davis[C] | Lincoln | Republican | Campbell | Republican | Dec. 1, 1862 | confirmed Dec. 8, 1862 |
7
|
Stephen Johnson Field | Lincoln | Republican | new seat | Republican | Mar. 6, 1863 | confirmed Mar. 10, 1863 |
4
|
Salmon P. Chase | Lincoln | Republican | Taney | Republican | Dec. 6, 1864 | confirmed Dec. 6, 1864 |
0
|
Henry Stanbery | A. Johnson | Natl Union | Catron | Republican | Apr. 16, 1866 | lapsed[I] |
N/A |
Ebenezer R. Hoar | Grant | Republican | new seat | Republican | Dec. 14, 1869 | rejected (24–33) Feb. 3, 1870[31] |
51
|
Edwin Stanton | Grant | Republican | Grier | Republican | Dec. 20, 1869 | confirmed[J] (46–11) Dec. 20, 1869[32] |
0
|
William Strong | Grant | Republican | Grier | Republican | Feb. 7, 1870 | confirmed Feb. 18, 1870 |
11
|
Joseph P. Bradley | Grant | Republican | new seat | Republican | Feb. 7, 1870 | confirmed (46–9) Mar. 21, 1870[33] |
42
|
Ward Hunt | Grant | Republican | Nelson | Republican | Dec. 3, 1872 | confirmed Dec. 11, 1872 |
8
|
George Henry Williams | Grant | Republican | S. P. Chase | Republican | Dec. 1, 1873 | withdrawn Jan. 8, 1874 |
38
|
Caleb Cushing | Grant | Republican | S. P. Chase | Republican | Jan. 9, 1874 | withdrawn Jan. 13, 1874 |
4
|
Morrison Waite | Grant | Republican | S. P. Chase | Republican | Jan. 19, 1874 | confirmed (63–0) Jan. 21, 1874[34] |
2
|
John Marshall Harlan | Hayes | Republican | Davis | Republican | Oct. 16, 1877 | confirmed Nov. 29, 1877 |
44
|
William Burnham Woods | Hayes | Republican | Strong | Democratic | Dec. 15, 1880 | confirmed (39–8) Dec. 21, 1880[35] |
6
|
Stanley Matthews | Hayes | Republican | Swayne | Democratic | Jan. 26, 1881 | lapsed |
N/A |
Stanley Matthews | Garfield | Republican | Swayne | Republican | Mar. 14, 1881 | confirmed (24–23) May 12, 1881[36] |
59
|
Horace Gray | Arthur | Republican | Clifford | Split | Dec. 19, 1881 | confirmed (51–5) Dec. 20, 1881[37] |
1
|
Roscoe Conkling | Arthur | Republican | Hunt | Split | Feb. 24, 1882 | confirmed[B] (39–12) Mar. 2, 1882[38] |
6
|
Samuel Blatchford | Arthur | Republican | Hunt | Split | Mar. 13, 1882 | confirmed Mar. 22, 1882 |
9
|
Lucius Q. C. Lamar II | Cleveland | Democratic | Woods | Republican | Dec. 6, 1887 | confirmed (32–28) Jan. 16, 1888[39] |
41
|
Melville Fuller | Cleveland | Democratic | Waite | Republican | Apr. 30, 1888 | confirmed (41–20) July 20, 1888[40] |
81
|
David Josiah Brewer | B. Harrison | Republican | Matthews | Republican | Dec. 4, 1889 | confirmed (53–11) Dec. 18, 1889[41] |
14
|
Henry Billings Brown | B. Harrison | Republican | Miller | Republican | Dec. 23, 1890 | confirmed Dec. 29, 1890 |
6
|
George Shiras Jr. | B. Harrison | Republican | Bradley | Republican | July 19, 1892 | confirmed July 26, 1892 |
7
|
Howell E. Jackson | B. Harrison | Republican | L. Lamar | Republican | Feb. 2, 1893 | confirmed Feb. 18, 1893 |
16
|
William B. Hornblower | Cleveland | Democratic | Blatchford | Democratic | Sep. 19, 1893 | lapsed |
N/A |
William B. Hornblower | Cleveland | Democratic | Blatchford | Democratic | Dec. 5, 1893 | rejected (24–30) Jan. 15, 1894[42] |
41
|
Wheeler H. Peckham | Cleveland | Democratic | Blatchford | Democratic | Jan. 22, 1894 | rejected (32–41) Feb. 16, 1894[43] |
25
|
Edward D. White | Cleveland | Democratic | Blatchford | Democratic | Feb. 19, 1894 | confirmed Feb. 19, 1894 |
0
|
Rufus W. Peckham | Cleveland | Democratic | H. Jackson | Republican | Dec. 3, 1895 | confirmed Dec. 9, 1895 |
6
|
Joseph McKenna | McKinley | Republican | Field | Republican | Dec. 16, 1897 | confirmed Jan. 21, 1898 |
36
|
Oliver W. Holmes Jr. | T. Roosevelt | Republican | Gray | Republican | Dec. 2, 1902 | confirmed Dec. 4, 1902 |
2
|
William R. Day | T. Roosevelt | Republican | Shiras | Republican | Feb. 19, 1903 | confirmed Feb. 23, 1903 |
4
|
William Henry Moody | T. Roosevelt | Republican | Brown | Republican | Dec. 3, 1906 | confirmed Dec. 12, 1906 |
9
|
Horace Harmon Lurton | Taft | Republican | R. Peckham | Republican | Dec. 13, 1909 | confirmed Dec. 20, 1909 |
7
|
Charles Evans Hughes | Taft | Republican | Brewer | Republican | Apr. 25, 1910 | confirmed May 2, 1910 |
7
|
Edward D. White[D] | Taft | Republican | Fuller | Republican | Dec. 12, 1910 | confirmed Dec. 12, 1910 |
0
|
Willis Van Devanter | Taft | Republican | E. D. White | Republican | Dec. 12, 1910 | confirmed Dec. 15, 1910 |
3
|
Joseph Rucker Lamar | Taft | Republican | Moody | Republican | Dec. 12, 1910 | confirmed Dec. 15, 1910 |
3
|
Mahlon Pitney | Taft | Republican | J. Harlan | Republican | Feb. 19, 1912 | confirmed (50–26) Mar. 13, 1912[44] |
23
|
James C. McReynolds | Wilson | Democratic | Lurton | Democratic | Aug. 19, 1914 | confirmed (44–6) Aug. 29, 1914 |
10
|
Louis Brandeis | Wilson | Democratic | J. Lamar | Democratic | Jan. 28, 1916 | confirmed (47–22) June 1, 1916[45] |
125
|
John Hessin Clarke | Wilson | Democratic | Hughes | Democratic | July 14, 1916 | confirmed July 24, 1916 |
10
|
William Howard Taft | Harding | Republican | E. D. White | Republican | June 30, 1921 | confirmed June 30, 1921 |
0
|
George Sutherland | Harding | Republican | Clarke | Republican | Sep. 5, 1922 | confirmed Sep. 5, 1922 |
0
|
Pierce Butler | Harding | Republican | Day | Republican | Nov. 21, 1922 | lapsed |
N/A |
Pierce Butler | Harding | Republican | Day | Republican | Dec. 5, 1922 | confirmed (61–8) Dec. 21, 1922[46] |
16
|
Edward Terry Sanford | Harding | Republican | Pitney | Republican | Jan. 24, 1923 | confirmed Jan. 29, 1923 |
5
|
Harlan F. Stone | Coolidge | Republican | McKenna | Republican | Jan. 5, 1925 | confirmed (71–6) Feb. 5, 1925[47] |
31
|
Charles Evans Hughes | Hoover | Republican | Taft | Republican | Feb. 3, 1930 | confirmed (52–26) Feb. 13, 1930 May 7, 1930[48] |
10
|
John J. Parker | Hoover | Republican | Sanford | Republican | Mar. 21, 1930 | rejected (39–41) May 7, 1930[49] |
47
|
Owen Roberts | Hoover | Republican | Sanford | Republican | May 9, 1930 | confirmed May 20, 1930 |
11
|
Benjamin N. Cardozo | Hoover | Republican | Holmes | Republican | Feb. 15, 1932 | confirmed Feb. 24, 1932 |
9
|
Hugo Black | F. D. Roosevelt | Democratic | Van Devanter | Democratic | Aug. 12, 1937[K] | confirmed (63–16) Aug. 17, 1937[50] |
5
|
Stanley Forman Reed | F. D. Roosevelt | Democratic | Sutherland | Democratic | Jan. 15, 1938 | confirmed Jan. 25, 1938 |
10
|
Felix Frankfurter | F. D. Roosevelt | Democratic | Cardozo | Democratic | Jan. 5, 1939 | confirmed Jan. 17, 1939 |
12
|
William O. Douglas | F. D. Roosevelt | Democratic | Brandeis | Democratic | Mar. 20, 1939 | confirmed (62–4) Apr. 4, 1939[51] |
15
|
Frank Murphy | F. D. Roosevelt | Democratic | Butler | Democratic | Jan. 4, 1940 | confirmed Jan. 16, 1940 |
14
|
Harlan F. Stone[D] | F. D. Roosevelt | Democratic | Hughes | Democratic | June 12, 1941 | confirmed June 27, 1941 |
15
|
James F. Byrnes | F. D. Roosevelt | Democratic | McReynolds | Democratic | June 12, 1941 | confirmed June 12, 1941 |
0
|
Robert H. Jackson | F. D. Roosevelt | Democratic | Stone | Democratic | June 12, 1941 | confirmed July 7, 1941 |
25
|
Wiley Rutledge | F. D. Roosevelt | Democratic | Byrnes | Democratic | Jan. 11, 1943 | confirmed Feb. 8, 1943 |
28
|
Harold Hitz Burton | Truman | Democratic | O. Roberts | Democratic | Sep. 19, 1945 | confirmed Sep. 19, 1945 |
0
|
Fred M. Vinson | Truman | Democratic | Stone | Democratic | June 6, 1946 | confirmed June 20, 1946 |
14
|
Tom C. Clark | Truman | Democratic | Murphy | Democratic | Aug. 2, 1949 | confirmed (73–8) Aug. 18, 1949[52] |
16
|
Sherman Minton | Truman | Democratic | W. Rutledge | Democratic | Sep. 15, 1949 | confirmed (48–16) Oct. 4, 1949[53] |
19
|
Earl Warren[C] | Eisenhower | Republican | Vinson | Republican | Jan. 11, 1954 | confirmed Mar. 1, 1954 |
49
|
John Marshall Harlan II | Eisenhower | Republican | R. Jackson | Republican | Nov. 9, 1954 | lapsed |
N/A |
John Marshall Harlan II | Eisenhower | Republican | R. Jackson | Democratic | Jan. 10, 1955 | confirmed (71–11) Mar. 16, 1955[54] |
65
|
William J. Brennan Jr.[C] | Eisenhower | Republican | Minton | Democratic | Jan. 14, 1957 | confirmed Mar. 19, 1957 |
64
|
Charles Evans Whittaker | Eisenhower | Republican | Reed | Democratic | Mar. 2, 1957 | confirmed Mar. 19, 1957 |
17
|
Potter Stewart[C] | Eisenhower | Republican | Burton | Democratic | Jan. 17, 1959 | confirmed (70–17) May 5, 1959[55] |
108
|
Byron White | Kennedy | Democratic | Whittaker | Democratic | Apr. 3, 1962 | confirmed Apr. 11, 1962 |
8
|
Arthur Goldberg | Kennedy | Democratic | Frankfurter | Democratic | Aug. 31, 1962 | confirmed Sep. 25, 1962 |
25
|
Abe Fortas | L. Johnson | Democratic | Goldberg | Democratic | July 28, 1965 | confirmed Aug. 11, 1965 |
14
|
Thurgood Marshall | L. Johnson | Democratic | Clark | Democratic | June 13, 1967 | confirmed (69–11) Aug. 30, 1967[56] |
78
|
Abe Fortas[D] | L. Johnson | Democratic | Warren | Democratic | June 26, 1968 | withdrawn[L] Oct. 2, 1968 |
98
|
Homer Thornberry | L. Johnson | Democratic | Fortas | Democratic | June 26, 1968 | withdrawn Oct. 2, 1968 |
98
|
Warren E. Burger | Nixon | Republican | Warren | Democratic | May 23, 1969 | confirmed (74–3) June 9, 1969[57] |
17
|
Clement Haynsworth | Nixon | Republican | Fortas | Democratic | Aug. 21, 1969 | rejected (45–55) Nov. 21, 1969[58] |
92
|
G. Harrold Carswell | Nixon | Republican | Fortas | Democratic | Jan. 19, 1970 | rejected (45–51) Apr. 8, 1970[59] |
79
|
Harry Blackmun | Nixon | Republican | Fortas | Democratic | Apr. 15, 1970 | confirmed (94–0) May 12, 1970[60] |
27
|
Lewis F. Powell Jr. | Nixon | Republican | H. Black | Democratic | Oct. 22, 1971 | confirmed (89–1) Dec. 6, 1971[61] |
45
|
William Rehnquist | Nixon | Republican | J. Harlan II | Democratic | Oct. 22, 1971 | confirmed (68–26) Dec. 10, 1971[62] |
49
|
John Paul Stevens | Ford | Republican | Douglas | Democratic | Nov. 28, 1975 | confirmed (98–0) Dec. 17, 1975[63] |
19
|
Sandra Day O'Connor | Reagan | Republican | Stewart | Republican | Aug. 19, 1981 | confirmed (99–0) Sep. 21, 1981[64] |
33
|
William Rehnquist[D] | Reagan | Republican | Burger | Republican | June 20, 1986 | confirmed (65–33) Sep. 17, 1986[65] |
89
|
Antonin Scalia | Reagan | Republican | Rehnquist | Republican | June 24, 1986 | confirmed (98–0) Sep. 17, 1986[66] |
85
|
Robert Bork | Reagan | Republican | Powell | Democratic | July 1, 1987 | rejected (42–58) Oct. 23, 1987[67] |
114
|
Anthony Kennedy | Reagan | Republican | Powell | Democratic | Nov. 30, 1987 | confirmed (97–0) Feb. 3, 1988[68] |
65
|
David Souter | G. H. W. Bush | Republican | Brennan | Democratic | July 25, 1990 | confirmed (90–9) Oct. 2, 1990[69] |
69
|
Clarence Thomas | G. H. W. Bush | Republican | T. Marshall | Democratic | July 8, 1991 | confirmed (52–48) Oct. 15, 1991[70] |
99
|
Ruth Bader Ginsburg | Clinton | Democratic | B. White | Democratic | June 22, 1993 | confirmed (96–3) Aug. 3, 1993[71] |
42
|
Stephen Breyer | Clinton | Democratic | Blackmun | Democratic | May 17, 1994 | confirmed (87–9) July 29, 1994[72] |
73
|
John Roberts | G. W. Bush | Republican | O'Connor | Republican | July 29, 2005 | withdrawn Sep. 6, 2005 |
39
|
John Roberts | G. W. Bush | Republican | Rehnquist | Republican | Sep. 6, 2005 | confirmed (78–22) Sep. 29, 2005[73] |
23
|
Harriet Miers | G. W. Bush | Republican | O'Connor | Republican | Oct. 7, 2005 | withdrawn Oct. 28, 2005 |
21
|
Samuel Alito | G. W. Bush | Republican | O'Connor | Republican | Nov. 10, 2005 | confirmed (58–42) Jan. 31, 2006[74] |
82
|
Sonia Sotomayor | Obama | Democratic | Souter | Democratic | June 1, 2009 | confirmed (68–31) Aug. 6, 2009[75] |
66
|
Elena Kagan | Obama | Democratic | Stevens | Democratic | May 10, 2010 | confirmed (63–37) Aug. 5, 2010[76] |
87
|
Merrick Garland | Obama | Democratic | Scalia | Republican | Mar. 16, 2016 | lapsed | 293[77]
|
Neil Gorsuch | Trump | Republican | Scalia | Republican | Feb. 1, 2017 | confirmed (54–45) Apr. 7, 2017[78] |
65
|
Brett Kavanaugh | Trump | Republican | Kennedy | Republican | July 10, 2018 | confirmed (50–48) Oct. 6, 2018[79] |
88
|
Amy Coney Barrett | Trump | Republican | Ginsburg | Republican | Sep. 29, 2020 | confirmed (52–48) Oct. 26, 2020[80] |
27
|
Ketanji Brown Jackson | Biden | Democratic | Breyer | Democratic | Feb. 28, 2022 | confirmed (53–47) Apr. 7, 2022[81] |
38 |
Name | President | Party | Justice | Senate Majority party |
Date submitted |
Outcome (vote) and date |
No. of Days |
See also
[edit]- Thurmond rule
- Senate Judiciary Committee reviews of nominations to the Supreme Court of the United States
- Unsuccessful nominations to the Supreme Court of the United States
Notes
[edit]- ^ Such as Ronald Reagan's October 1987 selection of Douglas H. Ginsburg to be associate justice in the aftermath of the Senate's rejection of the nomination of Robert Bork, which was withdrawn before being conveyed to the Senate.[6][7]
- ^ a b c d e f Declined to serve.
- ^ a b c d e f g h i j k l Nominee was serving on the Court under a recess appointment when the nomination was made.
- ^ a b c d e Incumbent associate justice nominated for chief justice. Such appointments are subject to a separate confirmation process.
- ^ Declined and continued to serve as an associate justice.
- ^ a b c d The number of days elapsed is measured from date the president formally made the nomination to the date of the action to postpone.
- ^ The Senate had earlier voted 27–20 on June 15, 1844 to table the nomination.[24]
- ^ A motion to bring the nomination up for discussion was defeated 25–26 on February 21, 1861.[29]
- ^ Nomination effectively voided by the Judicial Circuits Act, signed July 23, 1866, which provided for the gradual elimination of several seats on the Supreme Court.
- ^ Died prior to becoming a member of the Court.
- ^ Franklin D. Roosevelt's letter of nomination for Hugo Black was undated. August 12, 1937 is the date that letter was received in the Senate.
- ^ Continued to serve as an associate justice.
References
[edit]- ^ "Landmark Legislation: Judiciary Act of 1789". Washington, D.C.: Federal Judicial Center. Retrieved August 9, 2018.
- ^ "Landmark Legislation: Circuit Judgeships". Washington, D.C.: Federal Judicial Center. Retrieved August 9, 2018.
- ^ a b c d "Supreme Court Nominations: present–1789". Washington, D.C.: Office of the Secretary, United States Senate. Retrieved March 5, 2022.
- ^ Kapur, Sahil (April 7, 2022). "Senate confirms Ketanji Brown Jackson to Supreme Court in historic vote". NBC News. Retrieved April 19, 2022.
- ^ a b c d e McMillion, Barry J. (January 28, 2022). "Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President" (PDF). Washington, D.C.: Congressional Research Service. Retrieved March 5, 2022.
- ^ McMillion, Barry J. (February 22, 2021). Supreme Court Appointment Process: President's Selection of a Nominee (Report). Washington, D.C.: Congressional Research Service. Retrieved January 11, 2022.
- ^ The Supreme Court and the Presidency: Struggles for Supremacy. Washington, D.C.: CQ Press. 2013. p. 83. ISBN 9781452234175. Retrieved January 11, 2022.
- ^ Lewis, Jeffrey B.; Poole, Keith; Rosenthal, Howard; Boche, Adam; Rudkin, Aaron; Sonnet, Luke (2022). "Voteview: Congressional Roll-Call Votes Database". voteview.com.
- ^ Tauberer, Joshua (2022). "GovTrack.us: Tracking the United States Congress". govtrack.us.
- ^ "Party Division". Washington, D.C.: United States Senate. Retrieved March 27, 2022.
- ^ Lewis et al., 4th Congress Senate Vote 18 (1795).
- ^ Lewis et al., 4th Congress Senate Vote 27 (1796).
- ^ Lewis et al., 11th Congress Senate Vote 150 (1811).
- ^ Lewis et al., 19th Congress Senate Vote 107 (1826).
- ^ Lewis et al., 20th Congress Senate Vote 191 (1829).
- ^ Lewis et al., 21st Congress Senate Vote 24 (1830).
- ^ Lewis et al., 23rd Congress Senate Vote 221 (1835).
- ^ Lewis et al., 24th Congress Senate Vote 40 (1836).
- ^ Lewis et al., 24th Congress Senate Vote 43 (1836).
- ^ Lewis et al., 25th Congress Senate Vote 5 (1837).
- ^ Lewis et al., 25th Congress Senate Vote 6 (1837).
- ^ Lewis et al., 26th Congress Senate Vote 315 (1841).
- ^ Lewis et al., 28th Congress Senate Vote 13 (1844).
- ^ Lewis et al., 28th Congress Senate Vote 197 (1844).
- ^ Lewis et al., 28th Congress Senate Vote 198 (1844).
- ^ Lewis et al., 29th Congress Senate Vote 25 (1846).
- ^ Tauberer, Senate Vote #267 in 1853 (32nd Congress).
- ^ Lewis et al., 35th Congress Senate Vote 52 (1858).
- ^ Lewis et al., 36th Congress Senate Vote 515 (1861).
- ^ Lewis et al., 37th Congress Senate Vote 153 (1862).
- ^ Lewis et al., 41st Congress Senate Vote 142 (1870).
- ^ Lewis et al., 41st Congress Senate Vote 92 (1869).
- ^ Lewis et al., 41st Congress Senate Vote 203 (1870).
- ^ Lewis et al., 43rd Congress Senate Vote 48 (1874).
- ^ Lewis et al., 46th Congress Senate Vote 422 (1880).
- ^ Lewis et al., 47th Congress Senate Vote 169 (1881).
- ^ Lewis et al., 47th Congress Senate Vote 243 (1881).
- ^ Tauberer, Senate Vote #285 in 1882 (47th Congress).
- ^ Lewis et al., 50th Congress Senate Vote 9 (1888).
- ^ Lewis et al., 50th Congress Senate Vote 138 (1888).
- ^ Lewis et al., 51st Congress Senate Vote 14 (1889).
- ^ Lewis et al., 53rd Congress Senate Vote 87 (1894).
- ^ Lewis et al., 53rd Congress Senate Vote 103 (1894).
- ^ "Confirm Justice Pitney.; Senate Does So, 50 to 26: Opponents Mostly Democrats". The New York Times. March 14, 1912. Retrieved March 27, 2022.
- ^ Lewis et al., 64th Congress Senate Vote 147 (1916).
- ^ Lewis et al., 67th Congress Senate Vote 685 (1922).
- ^ Tauberer, Senate Vote #202 in 1925 (68th Congress).
- ^ Tauberer, Senate Vote #175 in 1930 (71st Congress).
- ^ Tauberer, Senate Vote #321 in 1930 (71st Congress).
- ^ Tauberer, Senate Vote #71 in 1937 (75th Congress).
- ^ Tauberer, Senate Vote #18 in 1939 (76th Congress).
- ^ Tauberer, Senate Vote #161 in 1949 (81st Congress).
- ^ Tauberer, Senate Vote #208 in 1949 (81st Congress).
- ^ Tauberer, Senate Vote #19 in 1955 (84th Congress).
- ^ Tauberer, Senate Vote #58 in 1959 (86th Congress).
- ^ Lewis et al., 90th Congress Senate Vote 176 (1967).
- ^ Lewis et al., 91st Congress Senate Vote 27 (1969).
- ^ Lewis et al., 91st Congress Senate Vote 135 (1969).
- ^ Lewis et al., 91st Congress Senate Vote 357 (1970).
- ^ Lewis et al., 91st Congress Senate Vote 377 (1970).
- ^ Lewis et al., 92nd Congress Senate Vote 408 (1971).
- ^ Lewis et al., 92nd Congress Senate Vote 417 (1971).
- ^ Lewis et al., 94th Congress Senate Vote 603 (1975)
- ^ Lewis et al., 97th Congress Senate Vote 274 (1981).
- ^ Lewis et al., 99th Congress Senate Vote 647 (1986).
- ^ Lewis et al., 99th Congress Senate Vote 648 (1986).
- ^ Lewis et al., 100th Congress Senate Vote 348 (1987).
- ^ Lewis et al., 100th Congress Senate Vote 436 (1988).
- ^ Lewis et al., 101st Congress Senate Vote 571 (1990).
- ^ Tauberer, Senate Vote #220 in 1991 (102nd Congress).
- ^ Tauberer, Senate Vote #232 in 1993 (103rd Congress).
- ^ Tauberer, Senate Vote #242 in 1994 (103rd Congress).
- ^ Tauberer, Senate Vote #245 in 2005 (109th Congress).
- ^ Tauberer, Senate Vote #2 in 2006 (109th Congress).
- ^ Tauberer, Senate Vote #262 in 2009 (111th Congress).
- ^ Tauberer, Senate Vote #229 in 2010 (111th Congress).
- ^ Ware, Doug G. (January 3, 2017). "Nomination expires for Obama Supreme Court appointee Merrick Garland". UPI. Retrieved March 27, 2022.
- ^ Tauberer, Senate Vote #111 in 2017 (115th Congress).
- ^ Tauberer, Senate Vote #223 in 2018 (115th Congress).
- ^ Tauberer, Senate Vote #224 in 2020 (116th Congress).
- ^ Tauberer, Senate Vote #134 in 2022 (117th Congress).
External links
[edit]- Supreme Court Nominations Research Guide, Georgetown University Law Library
- Supreme Court of the United States
- U.S. Senate Judiciary Committee