On June 26,1968,[9] Johnson nominated Thornberry as an associate justice of the United States Supreme Court,to fill the anticipated vacancy to be created by the nomination of associate justice Abe Fortas to become the next chief justice,upon the retirement of Earl Warren.[10] The Senate Judiciary Committee held hearings on the nomination simultaneously with those on the Fortas nomination.[9] On October 4,1968,after several days of contentious debate on the floor of the Senate,and with prospects for confirmation fading,Johnson withdrew the Fortas nomination. As Fortas remained an associate justice,Thornberry's nomination became moot;no further action was taken and the nomination was withdrawn by the president.[10]
Thornberry died on December 12,1995,at his home in Austin[2] and was interred at the Texas State Cemetery in Austin.[11]
He was first married to the former Eloise Engle (1919–1989).[1] After her death he wed Marian Davis. With his first wife,Thornberry was the father of three children,Molly,David,and Kate.[1] He received an honorary doctorate degree from Gallaudet University in 1954.[12]
"Thornberry". The Alcalde. Vol.LIV, no.V. Austin, Texas: Ex-Students' Association, University of Texas. January 1996. pp.11–12. Retrieved 2014-03-26. The University of Texas Alumni Magazine
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