Harlan F. Stone was nominated and confirmed twice to the Supreme Court of the United States. First in 1925, when President Calvin Coolidge nominated him to serve as an associate justice and again in 1941, when President Franklin D. Roosevelt nominated Justice Stone to be elevated to Chief Justice. Both times, the United States Senate confirmed the nominations.
Harlan Stone 1925 Supreme Court nomination | |
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Nominee | Harlan F. Stone |
Nominated by | Calvin Coolidge (president of the United States) |
Succeeding | Joseph McKenna (associate justice) |
Date nominated | January 5, 1925 |
Outcome | Approved by the Senate |
First Senate Judiciary Committee vote | |
Result | Reported favorably |
Second Senate Judiciary Committee vote | |
Result | Reported favorably |
Senate confirmation vote | |
Votes in favor | 71 |
Votes against | 6 |
Not voting | 19 |
Result | Approved |
In 1925, President Calvin Coolidge successfully nominated Harlan F. Stone to serve as an associate justice of the Supreme Court of the United States, filling the vacancy left by Joseph McKenna's retirement.
Shortly after President Coolidge won reelection in the 1924 United States presidential election, Justice McKenna retired from the Supreme Court. On January 5, 1925, Calvin Coolidge nominated Stone to replace McKenna as an Associate Justice. [1] [2] It does not appear that Coolidge considered any other candidates for the vacancy other than Stone. Stone himself had urged Coolidge to appoint Benjamin N. Cardozo. [3]
Stone's nomination was greeted with general approval, although there were rumors that Stone might have been selected because of his antitrust activities. [1] Some Senators raised concerns about Stone's connection to Wall Street making him a tool of corporate interests. [1] He was widely regarded as having strong character, education, and temperament making him suited for the court. [4]
During their initial review of the nomination, the Senate Judiciary Committee held a single closed door hearing on January 12, 1925. In this hearing, they heard testimony from Willard Saulsbury Jr. The Senate Judiciary Committee gave Stone's nomination a favorable recommendation on January 21, 1925. [5]
Senator Burton K. Wheeler, a progressive member of the Democratic Party, and others raised objections to the nomination due to Stone's nomination. It was alleged that a federal grand jury indictment of Wheeler was politically motivated under Stone's preview as U.S. attorney general, and that Stone had taken questionable actions in relation to the investigation. The Senate had examined the charges against Wheeler, exonerating Wheeler in the judgement of a Senate inquiry. However, Stone did not withdraw the indictment. It was alleged that the motivations of the indictment was due to Wheeler's investigating of Stone's predecessor as attorney general, Harry Daugherty, for his failure to prosecute parties involved in the Teapot Dome scandal. A Senate investigation led by Wheeler had forced Daugherty to resign. [4] [6] [7]
Other concerns raised related to Stone's Wall Street connections. [6]
Based upon these concerns, on January 24, 1925, Wheeler-ally Senator Thomas J. Walsh persuaded the Senate to return the nomination to the Judiciary Committee for continued review. President Coolidge refused to withdraw his nomination of Stone. He agreed to a compromise that would see Stone provide an unprecedented testimony to the Judiciary Committee. No previous Supreme Court nominee had ever appeared before the Judiciary Committee. [4]
To address concerns about his nomination, Stone proposed that he answer questions of the Senate Judiciary Committee in person. [1] The nomination was returned by the Senate to committee on January 26, 1925. On January 28, Stone became the first Supreme Court nominee to testify before the Senate Judiciary Committee hearings on their nomination. [5] The hearing was open to the public. [4] and Stone was questioned on his role related to the Teapot Dome scandal. [8] Stone performed well in his five hours of testimony. [4] On February 2, 1925, the committee again gave his nomination an favorable recommendation. [5]
On February 25, 1925, the full Senate then voted 60–27 to consider the nomination. [9] Stone was thereafter confirmed by the Senate by a vote of 71–6 [1] and received his commission the same day. [10] On March 2, 1925, Stone took the oath as Associate Justice administered by Chief Justice William Howard Taft. [1] He would prove to be Coolidge's only Supreme Court appointment. [5]
Harlan Stone 1941 Supreme Court nomination | |
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Nominee | Harlan F. Stone (associate justice) |
Nominated by | Franklin D. Roosevelt (president of the United States) |
Succeeding | Charles Evans Hughes (chief justice) |
Outcome | Approved by the Senate |
Senate Judiciary Committee vote | |
Result | Reported favorably |
Senate confirmation vote | |
Result | Confirmed by voice vote |
In 1941, President Franklin D. Roosevelt successfully nominated Harlan F. Stone to be elevated from associate justice to chief justice, succeeding the retiring Charles Evans Hughes. Chief Hughes had started to consider retiring from the court in 1940, partially due to the declining health of his wife. In June 1941, Hughes informed Roosevelt of his impending retirement, and recommended that Roosevelt elevate Stone to be his successor as chief justice. Roosevelt accepted this suggestion. [12] [13] Stone's support for the New Deal had earned him favor from President Franklin D. Roosevelt. On June 12, 1941, President Roosevelt nominated Stone for chief justice, [2] [5]
After it held a single hearing on Stone's nomination on June 21, 1941, the Senate Judiciary Committee gave his nomination a favorable recommendation on June 23, 1941. [5] Stone was confirmed by a voice vote in the Senate on June 27, 1941, and received his commission on July 3, 1941. [5] [13]
Charles Evans Hughes Sr. was an American statesman, politician, academic, and jurist who served as the 11th chief justice of the United States from 1930 to 1941. A member of the Republican Party, he previously was the 36th governor of New York (1907–1910), an associate justice of the Supreme Court (1910–1916), and 44th U.S. secretary of state (1921–1925). As the Republican nominee in the 1916 presidential election, he lost narrowly to Woodrow Wilson.
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.
John Johnston Parker was an American politician and United States circuit judge of the United States Court of Appeals for the Fourth Circuit. He was an unsuccessful nominee for associate justice of the United States Supreme Court in 1930. He was also the United States alternate judge at the Nuremberg trials of accused Nazi war criminals and later served on the United Nations' International Law Commission.
Harlan Fiske Stone was an American attorney and jurist who served as an associate justice of the U.S. Supreme Court from 1925 to 1941 and then as the 12th chief justice of the United States from 1941 until his death in 1946. He also served as the U.S. Attorney General from 1924 to 1925 under President Calvin Coolidge, with whom he had attended Amherst College as a young man. His most famous dictum was that "Courts are not the only agency of government that must be assumed to have capacity to govern."
Owen Josephus Roberts was an associate justice of the United States Supreme Court from 1930 to 1945. He also led two Roberts Commissions, the first of which investigated the attack on Pearl Harbor, and the second of which focused on works of cultural value during World War II.
The Judicial Procedures Reform Bill of 1937, frequently called the "court-packing plan", was a legislative initiative proposed by U.S. President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court in order to obtain favorable rulings regarding New Deal legislation that the Court had ruled unconstitutional. The central provision of the bill would have granted the president power to appoint an additional justice to the U.S. Supreme Court, up to a maximum of six, for every member of the court over the age of 70 years.
In U.S. Supreme Court history, "The switch in time that saved nine" is the phrase—originally a quip by humorist Cal Tinney—about what was perceived in 1937 as the sudden jurisprudential shift by associate justice Owen Roberts in the 1937 case West Coast Hotel Co. v. Parrish. Conventional historical accounts portrayed the Court's majority opinion as a strategic political move to protect the Court's integrity and independence from President Franklin Roosevelt's court-reform bill, but later historical evidence gives weight to Roberts' decision being made immediately after oral arguments, much earlier than the bill's introduction.
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.
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.
The Hughes Court refers to the Supreme Court of the United States from 1930 to 1941, when Charles Evans Hughes served as Chief Justice of the United States. Hughes succeeded William Howard Taft as Chief Justice after the latter's retirement, and Hughes served as Chief Justice until his retirement, at which point Harlan Stone was nominated and confirmed as Hughes's replacement. The Supreme Court moved from its former quarters at the United States Capitol to the newly constructed Supreme Court Building during Hughes's chief-justiceship.
The Stone Court refers to the Supreme Court of the United States from 1941 to 1946, when Harlan F. Stone served as Chief Justice of the United States. Stone succeeded the retiring Charles Evans Hughes in 1941, and served as Chief Justice until his death, at which point Fred Vinson was nominated and confirmed as Stone's replacement. He was the fourth chief justice to have previously served as an associate justice and the second to have done so without a break in tenure. Presiding over the country during World War II, the Stone Court delivered several important war-time rulings, such as in Ex parte Quirin, where it upheld the President's power to try Nazi saboteurs captured on American soil by military tribunals. It also supported the federal government's policy of relocating Japanese Americans into internment camps.
The Taft Court refers to the Supreme Court of the United States from 1921 to 1930, when William Howard Taft served as Chief Justice of the United States. Taft succeeded Edward Douglass White as Chief Justice after the latter's death, and Taft served as Chief Justice until his resignation, at which point Charles Evans Hughes was nominated and confirmed as Taft's replacement. Taft was also the nation's 27th president (1909–13); he is the only person to serve as both President of the United States and Chief Justice.
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Sherman Minton was nominated to serve as an associate justice of the Supreme Court of the United States by U.S. President Harry S. Truman on September 14, 1949, after the death in office of Wiley Rutledge created a vacancy on the Supreme Court. Per the Constitution of the United States, Minton's nomination was subject to the advice and consent of the United States Senate, which holds the determinant power to confirm or reject nominations to the U.S. Supreme Court. The nomination was met with a mixed reception and faced active opposition stemming both from the belief that Minton would be a liberal justice and from his history as a New Deal-supporting member of the United States Senate. There was an unsuccessful effort to compel Minton to testify before the United States Senate Committee on the Judiciary. Nevertheless, the nomination was approved by a 48–16 vote of the United States Senate on October 4, 1949.
Wiley Rutledge was nominated to serve as an associate justice of the Supreme Court of the United States by U.S. President Franklin D. Roosevelt on January 11, 1943, after the resignation of James F. Byrnes created a vacancy on the court. Per the Constitution of the United States, Rutledge's nomination was subject to the advice and consent of the United States Senate, which holds the determinant power to confirm or reject nominations to the U.S. Supreme Court. After being favorably reported on by both a subcommittee of the Senate Committee on the Judiciary and the full Judiciary Committee, the nomination was confirmed by the full Senate through a voice vote on February 8, 1943.
Since the creation of the Senate Committee on the Judiciary in 1816, many, but not all, nominations for the Supreme Court of the United States have been first referred to a committee for review prior to facing a confirmation vote before the full United States Senate. Some nominations have been withdrawn, lapsed, or been postponed without being referred to the Judiciary Committee, while some others up until 1941 had proceeded to full Senate confirmation votes without first being reviewed by the Judiciary Committee. However, ever since 1941, all nominations have been referred to the Judiciary Committee.