Dwight D. Eisenhower Supreme Court candidates

Last updated

During his two terms in office, President Dwight D. Eisenhower nominated five members for the Supreme Court of the United States: Chief Justice Earl Warren, and Associate Justices John Marshall Harlan II, William J. Brennan, Charles Evans Whittaker, and Potter Stewart. All were confirmed by the Senate.

Contents

Earl Warren nomination

Earl Warren as governor of California Earl Warren Portrait, half figure, seated, facing front, as Governor.jpg
Earl Warren as governor of California

Chief Justice Fred Vinson died in office on September 8, 1953. Eisenhower’s first choice as replacement was his Secretary of State John Foster Dulles, former legal council to the Paris Peace Conference, advisor to New York Governor Thomas E. Dewey and later advisor to President Truman. [1] Dulles declined, [1] and Eisenhower next offered the Chief Justiceship to Dewey himself; however, Dewey likewise declined. [2] Eisenhower then appointed California Governor Earl Warren as Chief Justice on October 5, 1953, by using a recess appointment. [3] In 1952 Warren had stood as a "favorite son" candidate of California for the Republican nomination for President, but withdrew in support of Eisenhower. Warren was reported to have offered to support Eisenhower's campaign in return for an appointment to the Supreme Court at the first possible opportunity. Eisenhower wanted a conservative justice and commented of Warren that "he represents the kind of political, economic, and social thinking that I believe we need on the Supreme Court.... He has a national name for integrity, uprightness, and courage that, again, I believe we need on the Court". [4] Warren was formally nominated on January 11, 1954, and was confirmed by the United States Senate on March 1, 1954, by voice vote. [5] [6] Rumors that Eisenhower regretted the appointment have been debunked by scholars. [7]

John Marshall Harlan nomination

Following the death of Justice Robert H. Jackson on October 9, 1954, Eisenhower nominated John Marshall Harlan II on November 9, 1954. Harlan had at the time been sitting on the United States Court of Appeals for the Second Circuit for only nine months. [8] On being nominated, the reticent Harlan called reporters into his chambers in New York, and stated, in full, "I am very deeply honored." [9] The United States Senate did not initially act on his nomination, and Eisenhower had to renominate Harlan on January 10. Harlan's nomination came shortly after the Supreme Court handed down its landmark decision in Brown v. Board of Education , [10] declaring segregation in public schools unconstitutional. Chairman of the United States Senate Committee on the Judiciary, James Eastland, and several southern senators delayed his confirmation, because they (correctly) believed that he would support desegregation of the schools and civil rights. [11] Unlike almost all previous Supreme Court nominees, Harlan appeared before the Senate Judiciary Committee to answer questions relating to his judicial views. Every Supreme Court nominee since Harlan has been questioned by the Judiciary Committee before confirmation. [12] The Senate finally confirmed him on March 16, 1955 by a vote of 71–11. [13] [14] He took his seat on March 28, 1955. [15] Of the eleven senators who voted against his appointment, nine were from the South.

William Brennan and Charles Evans Whittaker nominations

Due to ill health, Justice Sherman Minton announced his retirement from the Court on October 15, 1956, remarking that "[t]here will be more interest in who will succeed me than in my passing. I'm an echo." [16] Minton retired only a month before its traditional opening, and less than a month before the presidential election of 1956, both of which rushed the process to find a replacement. [17] On October 16, 1956, Eisenhower used a recess appoint to seat William Brennan. [3] Presidential advisers thought the appointment of a Catholic Democrat from the Northeast would woo critical voters in the upcoming election for Eisenhower, a Republican. [18] Additionally, Cardinal Francis Spellman had asked Eisenhower to appoint a Catholic to the court, as the Supreme Court had not had a Catholic justice since the death of Frank Murphy in 1949. [19]

Brennan gained the attention of Eisenhower's attorney general and chief legal affairs adviser, Herbert Brownell, when Brennan had to give a speech at a conference (as a substitute for New Jersey Supreme Court Chief Justice Vanderbilt). [20] To Brownell, Brennan's speech seemed to suggest a marked conservatism, especially on criminal matters. [20] Other factors playing into Brennan's appointment were his Catholicism, his status as a state court judge (no state judge had been appointed to the High Court since Benjamin Cardozo in 1932), and Eisenhower's desire to appear bipartisan after his appointments of justices Earl Warren and John Marshall Harlan II. [21] Brennan was formally nominated on January 14, 1957.

Before Brennan's nomination was considered by the Congress, Justice Stanley Forman Reed announced his retirement from the Court on February 25, 1957, citing old age. Reed was 73 years old, [22] but had also begun to feel that the Court's jurisprudential center had shifted too far away from him, and that he was losing his effectiveness. [23] Within a week of Reed's retirement, on March 2, 1957, Eisenhower nominated Charles Evans Whittaker to succeed Reed. [24]

Both Brennan and Whittaker were confirmed by voice vote in the United States Senate on March 19, 1957. [5] [25]

Potter Stewart nomination

Harold Hitz Burton resigned from the Court due to ill health on October 13, 1958. Five days later, on October 18, 1958, Eisenhower used a recess appointment to seat Potter Stewart on the Court. [3] Eisenhower had previously appointed Stewart to the United States Court of Appeals for the Sixth Circuit, in 1954. Stewart was formally nominated on January 17, 1959, and was confirmed by the United States Senate on May 5, 1959, by a vote of 70–17. [5] [26]

Names mentioned

Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Eisenhower for a Supreme Court appointment:

United States Supreme Court (elevation to Chief Justice)

United States courts of appeals

US Court of Appeals and District Court map.svg

United States district courts

State supreme courts

Executive branch officials

State governors

See also

Related Research Articles

<span class="mw-page-title-main">Chief Justice of the United States</span> Chief judicial officer of the United States

The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Article II, Section 2, Clause 2 of the U.S. Constitution grants plenary power to the president of the United States to nominate, and, with the advice and consent of the United States Senate, appoint "Judges of the supreme Court", who serve until they die, resign, retire, or are impeached and convicted. The existence of a chief justice is only explicit in Article I, Section 3, Clause 6 which states that the chief justice shall preside over the impeachment trial of the president; this has occurred three times, for Andrew Johnson, Bill Clinton, and for Donald Trump’s first impeachment.

<span class="mw-page-title-main">Unsuccessful nominations to the Supreme Court of the United States</span>

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 detailed structure of the court was laid down by the 1st United States Congress in 1789. Congress specified the Court's original and appellate jurisdiction, created 13 judicial districts, and fixed the initial size of the Supreme Court. The number of justices on the Supreme Court changed six times before settling at the present total of nine in 1869. As of June 2022, a total of 116 justices have served on the Supreme Court since 1789. Justices have life tenure, and so they serve until they die in office, resign or retire, or are impeached and removed from office.

<span class="mw-page-title-main">William J. Brennan Jr.</span> U.S. Supreme Court justice from 1956 to 1990

William Joseph Brennan Jr. was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1956 to 1990. He was the seventh-longest serving justice in Supreme Court history, and was known for being a leader of the Court's liberal wing.

<span class="mw-page-title-main">United States Court of Appeals for the Second Circuit</span> Current United States federal appellate court

The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York, and Vermont, and it has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:

<span class="mw-page-title-main">John Marshall Harlan II</span> US Supreme Court justice from 1955 to 1971

John Marshall Harlan was an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1955 to 1971. Harlan is usually called John Marshall Harlan II to distinguish him from his grandfather, John Marshall Harlan, who served on the U.S. Supreme Court from 1877 to 1911.

<span class="mw-page-title-main">Charles Evans Whittaker</span> US Supreme Court justice from 1957 to 1962

Charles Evans Whittaker was an Associate Justice of the United States Supreme Court from 1957 to 1962. After working in private practice in Kansas City, Missouri, he was nominated for the United States District Court for the Western District of Missouri. In 1956, President Dwight D. Eisenhower nominated Whittaker to the United States Court of Appeals for the Eighth Circuit. In 1957, he won confirmation to the Supreme Court of the United States, thus becoming the first individual to serve as a judge on a federal district court, a federal court of appeals, and the United States Supreme Court. During his brief tenure on the Warren Court, Whittaker emerged as a swing vote. In 1962, he had a nervous breakdown and resigned from the Court. After leaving the Supreme Court, he served as chief counsel to General Motors and frequently criticized the Civil Rights Movement and the Warren Court.

<span class="mw-page-title-main">Warren Court</span> Period of the US Supreme Court from 1953 to 1969

The Warren Court was the period in the history of the Supreme Court of the United States from 1953 to 1969 when Earl Warren served as the chief justice. The Warren Court is often considered the most liberal court in U.S. history.

<span class="mw-page-title-main">David L. Bazelon</span> American judge (1909–1993)

David Lionel Bazelon was a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit.

During President Richard Nixon's presidency, federal judicial appointments played a central role. Nixon appointed four individuals to the Supreme Court of the United States in just over five and a half years.

During President Lyndon B. Johnson's presidency, federal judicial appointments played a central role. Johnson appointed Abe Fortas and Thurgood Marshall to the Supreme Court of the United States in just over five years as president.

Speculation abounded over potential nominations to the Supreme Court of the United States by George H. W. Bush even before his presidency officially began, given the advanced ages of several justices.

President Richard Nixon entered office in 1969 with Chief Justice Earl Warren having announced his retirement from the Supreme Court of the United States the previous year. Nixon appointed Warren E. Burger to replace Earl Warren, and during his time in office appointed three other members of the Supreme Court: Associate Justices Harry Blackmun, Lewis F. Powell, and William Rehnquist. Nixon also nominated Clement Haynsworth and G. Harrold Carswell for the vacancy that was ultimately filled by Blackmun, but the nominations were rejected by the United States Senate. Nixon's failed Supreme Court nominations were the first since Herbert Hoover's nomination of John J. Parker was rejected by the Senate.

Although he was president for less than three years, John F. Kennedy appointed two men to the Supreme Court of the United States: Byron White and Arthur Goldberg. Given the advanced age of Associate Justice Felix Frankfurter at the time of Kennedy's inauguration, speculation abounded over potential Kennedy nominations to the Supreme Court from the start of his presidency.

During his two terms in office, President Harry S. Truman appointed four members of the Supreme Court of the United States: Chief Justice Fred M. Vinson, Associate Justice Harold Burton, Associate Justice Tom C. Clark, and Associate Justice Sherman Minton.

During his twelve years in office, President Franklin D. Roosevelt appointed eight new members of the Supreme Court of the United States: Associate Justices Hugo Black, Stanley F. Reed, Felix Frankfurter, William O. Douglas, Frank Murphy, James F. Byrnes, Robert H. Jackson, and Wiley Blount Rutledge. Additionally, he elevated sitting Justice Harlan F. Stone to chief justice. Roosevelt's nine nominations filled eight seats on the Supreme Court because Byrnes resigned while Roosevelt was still in office. Roosevelt nominated Rutledge to the seat vacated by Byrnes.

During his only term in office, President Herbert Hoover appointed three members of the Supreme Court of the United States: Chief Justice Charles Evans Hughes, and Associate Justices Owen Roberts and Benjamin Cardozo. Additionally, with his failed nomination of John J. Parker, Hoover became the first president since Grover Cleveland to have a Supreme Court nomination rejected by the United States Senate.

<span class="mw-page-title-main">Nomination and confirmation to the Supreme Court of the United States</span> Political process

The nomination and confirmation of justices to the Supreme Court of the United States involves several steps, the framework for which is set forth in the United States Constitution. Specifically, Article II, Section 2, Clause 2, provides that the president of the United States nominates a justice and that the United States Senate provides advice and consent before the person is formally appointed to the Court. It also empowers a president to temporarily, under certain circumstances, fill a Supreme Court vacancy by means of a recess appointment. The Constitution does not set any qualifications for service as a justice, thus the president may nominate any individual to serve on the Court.

References

  1. 1 2 3 Polack, John Harrison (1979). Earl Warren, the Judge Who Changed America. pp. 150–151. ISBN   0132223155.
  2. 1 2 Farris, Scott (2013-05-07). Almost President: The Men Who Lost the Race but Changed the Nation. Rowman & Littlefield. ISBN   9780762784219.
  3. 1 2 3 Michael Brus, What Is a Recess Appointment?, Slate.com (June 14, 1999).
  4. ↑ Personal and confidential To Milton Stover Eisenhower, October 9, 1953. In The Papers of Dwight David Eisenhower, ed. L. Galambos and D. van Ee, doc. 460. World Wide Web facsimile by The Dwight D. Eisenhower Memorial Commission of the print edition; Baltimore, MD: The Johns Hopkins University Press, 1996 Archived January 18, 2012, at the Wayback Machine . Accessed October 12, 2005.
  5. 1 2 3 4 5 6 7 8 Supreme Court Nominations, 1789-present, senate.gov.
  6. ↑ "Senate – March 1, 1954" (PDF). Congressional Record . 100 (2). U.S. Government Printing Office: 2381. Retrieved February 18, 2022.
  7. ↑ Michael A. Kahn, "Shattering the myth about President Eisenhower's Supreme Court appointments." Presidential Studies Quarterly 22.1 (1992): 47-56 online.
  8. ↑ "Marshall, John Harlan". Federal Judicial Center. Archived from the original on 2008-09-20. Retrieved 2008-08-14.
  9. ↑ Rosenbaum, David E. (September 24, 1971). "'A lawyer's judge; John Marshall Harlan". The New York Times. Retrieved 2009-04-17. (fee for article)
  10. ↑ 347 U.S. 483 (1954)
  11. ↑ Dorsen, 2006.
  12. ↑ "United States Senate. Nominations". United States Senate. Retrieved 2008-10-09.
  13. ↑ Epstein, 2005.
  14. ↑ "Senate – March 16, 1955" (PDF). Congressional Record . 101 (3). U.S. Government Printing Office: 3036. Retrieved February 18, 2022.
  15. ↑ Dorsen, 2002, pp. 139–143.
  16. ↑ Oyez Project, Supreme Court media, Sherman Minton.
  17. ↑ Eisler, Kim Isaac, A Justice for All: William J. Brennan, Jr., and the decisions that transformed America ( New York: Simon & Schuster, 1993), p. 90. ISBN   0-671-76787-9.
  18. ↑ James Taranto, Leonard Leo (2004). Presidential Leadership . Wall Street Journal Books. Retrieved 2008-10-20.
  19. ↑ Kessler, Glenn (February 24, 2016). "A recent Supreme Court appointment in an election year — without controversy". Washington Post. Retrieved March 22, 2016.
  20. 1 2 Eisler, a Justice for All, page 85, ISBN   0-671-76787-9.
  21. ↑ Eisler, a Justice for All, page 84, ISBN   0-671-76787-9.
  22. ↑ Huston, "Justice Reed, 72, to Retire From the Supreme Court," New York Times, February 1, 1957; "Justice Reed Retires From Supreme Court," New York Times, February 26, 1957.
  23. ↑ Fassett, New Deal Justice: The Life of Stanley Reed of Kentucky, 1994.
  24. ↑ "Federal Judge in Missouri Named to Supreme Court," New York Times, March 3, 1957.
  25. ↑ "Senate – March 19, 1957" (PDF). Congressional Record . 103 (3). U.S. Government Printing Office: 3946. Retrieved February 18, 2022.
  26. ↑ "Senate – May 5, 1959" (PDF). Congressional Record . 105 (6). U.S. Government Printing Office: 7472. Retrieved February 18, 2022.
  27. 1 2 3 4 5 6 7 8 9 10 11 12 13 Yalof, David Alistair (15 October 1999). Pursuit of Justices: Presidential Politics and the Selection of Supreme Court Nominees . University of Chicago Press. ISBN   978-0-226-94545-3.
  28. 1 2 3 4 5 Nichols, David (23 September 2008). A Matter of Justice: Eisenhower and the Beginning of the Civil Rights Revolution. Simon & Schuster. ISBN   978-1-4165-4151-6.
  29. ↑ "Leedom Backed for Seat on Supreme Court". Rapid City Journal . Rapid City, South Dakota. 28 February 1957. p. 1.
  30. ↑ Richardson, Elmo. The Presidency of Dwight D. Eisenhower. p. 108. ISBN   0700602674.
  31. ↑ Brandt, Raymond P. (September 27, 1953). "A New Chief Justice: Eisenhower Must Make Historic Decision — Will President Appoint the Best Man Available or Will He Listen to Partisan Politicians". St. Louis Post-Dispatch . St. Louis, Missouri. p. 1C.

Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.