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]

Contents

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 [4] Of the 37 that were unsuccessful, 11 nominees were rejected in Senate roll-call votes, 12 were withdrawn by the president, and 14 lapsed at the end of a session of Congress.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

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:

The following final results of the nomination process are tracked:

  1. confirmed –nominations confirmed by the Senate (including those of persons who subsequently declined to serve, or who died before taking office);
  2. withdrawn –nominations withdrawn by the president prior to a confirmation vote;
  3. rejected –nominations rejected by the Senate;
  4. 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, [upper-alpha 1] as such persons were never officially nominated to the Court.

Nominations

Nominations to the Supreme Court of the United States since 1789 [3] [5] [8] [9]
NomineeNominated bySuccessionNomination
NamePresidentPartyJusticeSenate Majority
party [10] 		Date
submitted		Outcome (vote)
and date		No. of Days
John Jay Washington NoneInaugural Pro Admin Sep. 24, 1789confirmed
Sep. 26, 1789
2
John Rutledge Washington NoneInaugural Pro Admin Sep. 24, 1789 confirmed
Sep. 26, 1789
2
William Cushing Washington NoneInaugural Pro Admin Sep. 24, 1789confirmed
Sep. 26, 1789
2
James Wilson Washington NoneInaugural Pro Admin Sep. 24, 1789confirmed
Sep. 26, 1789
2
John Blair Jr. Washington NoneInaugural Pro Admin Sep. 24, 1789confirmed
Sep. 26, 1789
2
Robert H. Harrison Washington NoneInaugural Pro Admin Sep. 24, 1789confirmed [upper-alpha 2]
Sep. 26, 1789
2
James Iredell Washington NoneInaugural Pro Admin Feb. 8, 1790confirmed
Feb. 10, 1790
2
Thomas Johnson [upper-alpha 3] Washington NoneJ. Rutledge Pro Admin Oct. 31, 1791confirmed
Nov. 7, 1791
7
William Paterson Washington NoneT. Johnson Pro Admin Feb. 27, 1793withdrawn
Feb. 28, 1793
1
William Paterson Washington NoneT. Johnson Pro Admin Mar. 4, 1793confirmed
Mar. 4, 1793
0
John Rutledge [upper-alpha 3] Washington NoneJay Federalist Dec. 10, 1795 rejected (10–14)
Dec. 15, 1795 [11]
5
William Cushing [upper-alpha 4] Washington NoneRutledge Federalist Jan. 26, 1796confirmed [upper-alpha 5]
Jan. 27, 1796
1
Samuel Chase Washington NoneBlair Federalist Jan. 26, 1796confirmed
Jan. 27, 1796
1
Oliver Ellsworth Washington NoneRutledge Federalist Mar. 3, 1796confirmed (21–1)
Mar. 4, 1796 [12]
1
Bushrod Washington [upper-alpha 3] J. Adams Federalist Wilson Federalist Dec. 19, 1798confirmed
Dec. 20, 1798
1
Alfred Moore J. Adams Federalist Iredell Federalist Dec. 4, 1799confirmed
Dec. 10, 1799
6
John Jay J. Adams Federalist Ellsworth Federalist Dec. 18, 1800confirmed [upper-alpha 2]
Dec. 19, 1800
1
John Marshall J. Adams Federalist Ellsworth Federalist Jan. 20, 1801confirmed
Jan. 27, 1801
7
William Johnson Jefferson Dem-Rep Moore Dem-Rep Mar. 22, 1804confirmed
Mar. 24, 1804
2
Henry B. Livingston [upper-alpha 3] Jefferson Dem-Rep Paterson Dem-Rep Dec. 13, 1806confirmed
Dec. 17, 1806
4
Thomas Todd Jefferson Dem-Rep new seat Dem-Rep Feb. 28, 1807confirmed
Mar. 2, 1807
2
Levi Lincoln Sr. Madison Dem-Rep W. Cushing Dem-Rep Jan. 2, 1811confirmed [upper-alpha 2]
Jan. 3, 1811
1
Alexander Wolcott Madison Dem-Rep W. Cushing Dem-Rep Feb. 4, 1811rejected (9–24)
Feb. 13, 1811 [13]
9
John Quincy Adams Madison Dem-Rep W. Cushing Dem-Rep Feb. 21, 1811confirmed [upper-alpha 2]
Feb. 22, 1811
1
Joseph Story Madison Dem-Rep W. Cushing Dem-Rep Nov. 15, 1811confirmed
Nov. 18, 1811
3
Gabriel Duvall Madison Dem-Rep S. Chase Dem-Rep Nov. 15, 1811confirmed
Nov. 18, 1811
3
Smith Thompson [upper-alpha 3] Monroe Dem-Rep Livingston Dem-Rep Dec. 5, 1823confirmed
Dec. 9, 1823
4
Robert Trimble J. Q. Adams Adams Rep Todd Jacksonian Apr. 11, 1826confirmed (27–5)
May 9, 1826 [14]
28
John J. Crittenden J. Q. Adams Adams Rep Trimble Jacksonian Dec. 17, 1828postponed (23–17)
February 12, 1829 [15]
John McLean Jackson Jacksonian Trimble Jacksonian Mar. 6, 1829confirmed
Mar. 7, 1829
1
Henry Baldwin Jackson Jacksonian Washington Jacksonian Jan. 4, 1830confirmed (41–2)
Jan. 6, 1830 [16]
2
James Moore Wayne Jackson Democratic W. Johnson Natl Rep Jan. 6, 1835confirmed
Jan. 9, 1835
3
Roger B. Taney Jackson Democratic Duvall Natl Rep Jan. 15, 1835postponed (23–22)
March 3, 1835 [17]
Roger B. Taney Jackson Democratic Marshall Democratic Dec. 28, 1835confirmed (29–15)
Mar. 15, 1836 [18]
78
Philip P. Barbour Jackson Democratic Duvall Democratic Dec. 28, 1835confirmed (30–11)
Mar. 15, 1836 [19]
78
John Catron Jackson Democratic new seat Democratic Mar. 3, 1837confirmed (28–15)
Mar. 8, 1837 [20]
5
William Smith Jackson Democratic new seat Democratic Mar. 3, 1837confirmed [upper-alpha 2] (23–18)
Mar. 8, 1837 [21]
5
John McKinley [upper-alpha 3] Van Buren Democratic new seat Democratic Sep. 18, 1837confirmed
Sep. 25, 1837
7
Peter Vivian Daniel Van Buren Democratic Barbour Democratic Feb. 26, 1841confirmed (25–5)
Mar. 2, 1841 [22]
4
John C. Spencer Tyler NoneThompson Whig Jan. 8, 1844rejected (21–26)
Jan. 31, 1844 [23]
23
Reuben Walworth Tyler NoneThompson Whig Mar. 13, 1844withdrawn
June 17, 1844 [upper-alpha 7]
96
Edward King Tyler NoneBaldwin Whig June 5, 1844postponed (29–18)
Jun. 15, 1844 [25]
John C. Spencer Tyler NoneThompson Whig June 17, 1844withdrawn
June 17, 1844
0
Reuben Walworth Tyler NoneThompson Whig June 17, 1844lapsed
999N/A
Reuben Walworth Tyler NoneThompson Whig Dec. 4, 1844withdrawn
Feb. 6, 1845
64
Edward King Tyler NoneBaldwin Whig Dec. 4, 1844withdrawn
Feb. 8, 1845
66
Samuel Nelson Tyler NoneThompson Whig Feb. 4, 1845confirmed
Feb. 14, 1845
10
John M. Read Tyler NoneBaldwin Whig Feb. 7, 1845lapsed
999N/A
George Woodward Polk Democratic Baldwin Democratic Dec. 23, 1845rejected (20–29)
Jan. 22, 1846 [26]
30
Levi Woodbury [upper-alpha 3] Polk Democratic Story Democratic Dec. 23, 1845confirmed
Jan. 3, 1846
11
Robert Cooper Grier Polk Democratic Baldwin Democratic Aug. 3, 1846confirmed
Aug. 4, 1846
1
Benjamin R. Curtis [upper-alpha 3] Fillmore Whig Woodbury Democratic Dec. 11, 1851confirmed
Dec. 23, 1851
12
Edward A. Bradford Fillmore Whig McKinley Democratic Aug. 16, 1852Tabled
Aug. 31, 1852
George E. Badger Fillmore Whig McKinley Democratic Jan. 3, 1853Postponed
Feb. 11, 1853 [27]
40
William C. Micou Fillmore Whig McKinley Democratic Feb. 14, 1853lapsed
999N/A
John A. Campbell Pierce Democratic McKinley Democratic Mar. 21, 1853confirmed
Mar. 22, 1853
1
Nathan Clifford Buchanan Democratic Curtis Democratic Dec. 9, 1857confirmed (26–23)
Jan. 12, 1858 [28]
34
Jeremiah S. Black Buchanan Democratic Daniel Democratic Feb. 5, 1861lapsed [upper-alpha 8]
999N/A
Noah Haynes Swayne Lincoln Republican McLean Republican Jan. 21, 1862confirmed (38–1)
Jan. 24, 1862 [30]
3
Samuel Freeman Miller Lincoln Republican Daniel Republican July 16, 1862confirmed
July 16, 1862
0
David Davis [upper-alpha 3] Lincoln Republican Campbell Republican Dec. 1, 1862confirmed
Dec. 8, 1862
7
Stephen Johnson Field Lincoln Republican new seat Republican Mar. 6, 1863confirmed
Mar. 10, 1863
4
Salmon P. Chase Lincoln Republican Taney Republican Dec. 6, 1864confirmed
Dec. 6, 1864
0
Henry Stanbery A. Johnson Natl Union Catron Republican Apr. 16, 1866lapsed [upper-alpha 9]
999N/A
Ebenezer R. Hoar Grant Republican new seat Republican Dec. 14, 1869rejected (24–33)
Feb. 3, 1870 [31]
51
Edwin Stanton Grant Republican Grier Republican Dec. 20, 1869confirmed [upper-alpha 10] (46–11)
Dec. 20, 1869 [32]
0
William Strong Grant Republican Grier Republican Feb. 7, 1870confirmed
Feb. 18, 1870
11
Joseph P. Bradley Grant Republican new seat Republican Feb. 7, 1870confirmed (46–9)
Mar. 21, 1870 [33]
42
Ward Hunt Grant Republican Nelson Republican Dec. 3, 1872confirmed
Dec. 11, 1872
8
George Henry Williams Grant Republican S. P. Chase Republican Dec. 1, 1873withdrawn
Jan. 8, 1874
38
Caleb Cushing Grant Republican S. P. Chase Republican Jan. 9, 1874withdrawn
Jan. 13, 1874
4
Morrison Waite Grant Republican S. P. Chase Republican Jan. 19, 1874confirmed (63–0)
Jan. 21, 1874 [34]
2
John Marshall Harlan Hayes Republican Davis Republican Oct. 16, 1877confirmed
Nov. 29, 1877
44
William Burnham Woods Hayes Republican Strong Democratic Dec. 15, 1880confirmed (39–8)
Dec. 21, 1880 [35]
6
Stanley Matthews Hayes Republican Swayne Democratic Jan. 26, 1881lapsed
999N/A
Stanley Matthews Garfield Republican Swayne Republican Mar. 14, 1881confirmed (24–23)
May 12, 1881 [36]
59
Horace Gray Arthur Republican CliffordSplitDec. 19, 1881confirmed (51–5)
Dec. 20, 1881 [37]
1
Roscoe Conkling Arthur Republican HuntSplitFeb. 24, 1882confirmed [upper-alpha 2] (39–12)
Mar. 2, 1882 [38]
6
Samuel Blatchford Arthur Republican HuntSplitMar. 13, 1882confirmed
Mar. 22, 1882
9
Lucius Q. C. Lamar II Cleveland Democratic Woods Republican Dec. 6, 1887confirmed (32–28)
Jan. 16, 1888 [39]
41
Melville Fuller Cleveland Democratic Waite Republican Apr. 30, 1888confirmed (41–20)
July 20, 1888 [40]
81
David Josiah Brewer B. Harrison Republican Matthews Republican Dec. 4, 1889confirmed (53–11)
Dec. 18, 1889 [41]
14
Henry Billings Brown B. Harrison Republican Miller Republican Dec. 23, 1890confirmed
Dec. 29, 1890
6
George Shiras Jr. B. Harrison Republican Bradley Republican July 19, 1892confirmed
July 26, 1892
7
Howell E. Jackson B. Harrison Republican L. Lamar Republican Feb. 2, 1893confirmed
Feb. 18, 1893
16
William B. Hornblower Cleveland Democratic Blatchford Democratic Sep. 19, 1893lapsed
999N/A
William B. Hornblower Cleveland Democratic Blatchford Democratic Dec. 5, 1893rejected (24–30)
Jan. 15, 1894 [42]
41
Wheeler H. Peckham Cleveland Democratic Blatchford Democratic Jan. 22, 1894rejected (32–41)
Feb. 16, 1894 [43]
25
Edward D. White Cleveland Democratic Blatchford Democratic Feb. 19, 1894confirmed
Feb. 19, 1894
0
Rufus W. Peckham Cleveland Democratic H. Jackson Republican Dec. 3, 1895confirmed
Dec. 9, 1895
6
Joseph McKenna McKinley Republican Field Republican Dec. 16, 1897confirmed
Jan. 21, 1898
36
Oliver W. Holmes Jr. T. Roosevelt Republican Gray Republican Dec. 2, 1902confirmed
Dec. 4, 1902
2
William R. Day T. Roosevelt Republican Shiras Republican Feb. 19, 1903confirmed
Feb. 23, 1903
4
William Henry Moody T. Roosevelt Republican Brown Republican Dec. 3, 1906confirmed
Dec. 12, 1906
9
Horace Harmon Lurton Taft Republican R. Peckham Republican Dec. 13, 1909confirmed
Dec. 20, 1909
7
Charles Evans Hughes Taft Republican Brewer Republican Apr. 25, 1910confirmed
May 2, 1910
7
Edward D. White [upper-alpha 4] Taft Republican Fuller Republican Dec. 12, 1910confirmed
Dec. 12, 1910
0
Willis Van Devanter Taft Republican E. D. White Republican Dec. 12, 1910confirmed
Dec. 15, 1910
3
Joseph Rucker Lamar Taft Republican Moody Republican Dec. 12, 1910confirmed
Dec. 15, 1910
3
Mahlon Pitney Taft Republican J. Harlan Republican Feb. 19, 1912confirmed (50–26)
Mar. 13, 1912 [44]
23
James C. McReynolds Wilson Democratic Lurton Democratic Aug. 19, 1914confirmed (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, 1916confirmed
July 24, 1916
10
William Howard Taft Harding Republican E. D. White Republican June 30, 1921confirmed
June 30, 1921
0
George Sutherland Harding Republican Clarke Republican Sep. 5, 1922confirmed
Sep. 5, 1922
0
Pierce Butler Harding Republican Day Republican Nov. 21, 1922lapsed
999N/A
Pierce Butler Harding Republican Day Republican Dec. 5, 1922confirmed (61–8)
Dec. 21, 1922 [46]
16
Edward Terry Sanford Harding Republican Pitney Republican Jan. 24, 1923confirmed
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, 1930confirmed (52–26)
Feb. 13, 1930
May 7, 1930 [48]
10
John J. Parker Hoover Republican Sanford Republican Mar. 21, 1930rejected (39–41)
May 7, 1930 [49]
47
Owen Roberts Hoover Republican Sanford Republican May 9, 1930confirmed
May 20, 1930
11
Benjamin N. Cardozo Hoover Republican Holmes Republican Feb. 15, 1932confirmed
Feb. 24, 1932
9
Hugo Black F. D. Roosevelt Democratic Van Devanter Democratic Aug. 12, 1937 [upper-alpha 11] confirmed (63–16)
Aug. 17, 1937 [50]
5
Stanley Forman Reed F. D. Roosevelt Democratic Sutherland Democratic Jan. 15, 1938confirmed
Jan. 25, 1938
10
Felix Frankfurter F. D. Roosevelt Democratic Cardozo Democratic Jan. 5, 1939confirmed
Jan. 17, 1939
12
William O. Douglas F. D. Roosevelt Democratic Brandeis Democratic Mar. 20, 1939confirmed (62–4)
Apr. 4, 1939 [51]
15
Frank Murphy F. D. Roosevelt Democratic Butler Democratic Jan. 4, 1940confirmed
Jan. 16, 1940
14
Harlan F. Stone [upper-alpha 4] 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, 1941confirmed
June 12, 1941
0
Robert H. Jackson F. D. Roosevelt Democratic Stone Democratic June 12, 1941confirmed
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, 1945confirmed
Sep. 19, 1945
0
Fred M. Vinson Truman Democratic Stone Democratic June 6, 1946confirmed
June 20, 1946
14
Tom C. Clark Truman Democratic Murphy Democratic Aug. 2, 1949confirmed (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 [upper-alpha 3] Eisenhower Republican Vinson Republican Jan. 11, 1954confirmed
Mar. 1, 1954
49
John Marshall Harlan II Eisenhower Republican R. Jackson Republican Nov. 9, 1954lapsed
999N/A
John Marshall Harlan II Eisenhower Republican R. Jackson Democratic Jan. 10, 1955confirmed (71–11)
Mar. 16, 1955 [54]
65
William J. Brennan Jr. [upper-alpha 3] Eisenhower Republican Minton Democratic Jan. 14, 1957confirmed
Mar. 19, 1957
64
Charles Evans Whittaker Eisenhower Republican Reed Democratic Mar. 2, 1957confirmed
Mar. 19, 1957
17
Potter Stewart [upper-alpha 3] Eisenhower Republican Burton Democratic Jan. 17, 1959confirmed (70–17)
May 5, 1959 [55]
108
Byron White Kennedy Democratic Whittaker Democratic Apr. 3, 1962confirmed
Apr. 11, 1962
8
Arthur Goldberg Kennedy Democratic Frankfurter Democratic Aug. 31, 1962confirmed
Sep. 25, 1962
25
Abe Fortas L. Johnson Democratic Goldberg Democratic July 28, 1965confirmed
Aug. 11, 1965
14
Thurgood Marshall L. Johnson Democratic Clark Democratic June 13, 1967 confirmed (69–11)
Aug. 30, 1967 [56]
78
Abe Fortas [upper-alpha 4] L. Johnson Democratic Warren Democratic June 26, 1968withdrawn [upper-alpha 12]
Oct. 2, 1968
98
Homer Thornberry L. Johnson Democratic Fortas Democratic June 26, 1968withdrawn
Oct. 2, 1968
98
Warren E. Burger Nixon Republican Warren Democratic May 23, 1969confirmed (74–3)
June 9, 1969 [57]
17
Clement Haynsworth Nixon Republican Fortas Democratic Aug. 21, 1969rejected (45–55)
Nov. 21, 1969 [58]
92
G. Harrold Carswell Nixon Republican Fortas Democratic Jan. 19, 1970rejected (45–51)
Apr. 8, 1970 [59]
79
Harry Blackmun Nixon Republican Fortas Democratic Apr. 15, 1970confirmed (94–0)
May 12, 1970 [60]
27
Lewis F. Powell Jr. Nixon Republican H. Black Democratic Oct. 22, 1971confirmed (89–1)
Dec. 6, 1971 [61]
45
William Rehnquist Nixon Republican J. Harlan II Democratic Oct. 22, 1971confirmed (68–26)
Dec. 10, 1971 [62]
49
John Paul Stevens Ford Republican Douglas Democratic Nov. 28, 1975confirmed (98–0)
Dec. 17, 1975 [63]
19
Sandra Day O'Connor Reagan Republican Stewart Republican Aug. 19, 1981confirmed (99–0)
Sep. 21, 1981 [64]
33
William Rehnquist [upper-alpha 4] Reagan Republican Burger Republican June 20, 1986confirmed (65–33)
Sep. 17, 1986 [65]
89
Antonin Scalia Reagan Republican Rehnquist Republican June 24, 1986confirmed (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, 1987confirmed (97–0)
Feb. 3, 1988 [68]
65
David Souter G. H. W. Bush Republican Brennan Democratic July 25, 1990confirmed (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, 1993confirmed (96–3)
Aug. 3, 1993 [71]
42
Stephen Breyer Clinton Democratic Blackmun Democratic May 17, 1994confirmed (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

NamePresidentPartyJusticeSenate Majority
party		Date
submitted		Outcome (vote)
and date		No. of Days

See also

Notes

  1. ↑ 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]
  2. 1 2 3 4 5 6 Declined to serve.
  3. 1 2 3 4 5 6 7 8 9 10 11 12 Nominee was serving on the Court under a recess appointment when the nomination was made.
  4. 1 2 3 4 5 Incumbent associate justice nominated for chief justice. Such appointments are subject to a separate confirmation process.
  5. ↑ Declined and continued to serve as an associate justice.
  6. 1 2 3 4 The number of days elapsed is measured from date the president formally made the nomination to the date of the action to postpone.
  7. ↑ The Senate had earlier voted 27–20 on June 15, 1844 to table the nomination. [24]
  8. ↑ A motion to bring the nomination up for discussion was defeated 25–26 on February 21, 1861. [29]
  9. ↑ 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.
  10. ↑ Died prior to becoming a member of the Court.
  11. ↑ 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.
  12. ↑ Continued to serve as an associate justice.

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John Zihun Lee is an American lawyer serving as a United States circuit judge of the United States Court of Appeals for the Seventh Circuit. He served as a United States district judge of the United States District Court for the Northern District of Illinois from 2012 to 2022.

<span class="mw-page-title-main">Rutledge Court</span> Period of the US Supreme Court in 1795

The Rutledge Court refers to the Supreme Court of the United States from June to December 1795, when John Rutledge served as the second Chief Justice of the United States. Rutledge took office as a recess appointment of President George Washington to succeed John Jay. However, Rutledge was denied confirmation by the United States Senate, partly due to his attacks on the Jay Treaty. Rutledge was succeeded in office by Oliver Ellsworth. This was the first time that the Senate rejected a Supreme Court nomination; it remains the only time a "recess appointed" justice was not subsequently confirmed by the Senate.

Donald Trump, President of the United States from 2017 to 2021, entered office with a significant number of judicial vacancies, including a Supreme Court vacancy due to the death of Antonin Scalia in February 2016. During the first eight months of his presidency, he nominated approximately 50 judges, a significantly higher number than any other recent president had made by that point in his presidency. By June 24, 2020, 200 of his Article III nominees had been confirmed by the United States Senate. According to multiple media outlets, Trump significantly impacted the composition of the Supreme Court and lower courts during his tenure.

President Joe Biden began his presidency with fewer vacancies to fill than his predecessor. President Biden pledged to nominate people with diverse backgrounds and professional experience. Biden also pledged to nominate the first Black woman to the Supreme Court of the United States.

<span class="mw-page-title-main">John Rutledge Supreme Court nominations</span>

John Rutledge was twice nominated by President George Washington to the Supreme Court of the United States, being nominated and confirmed in 1789 as an associate justice, and being unsuccessfully nominated in 1795 to serve as chief justice.

<span class="mw-page-title-main">Harlan F. Stone Supreme Court nominations</span>

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.

<span class="mw-page-title-main">Sherman Minton Supreme Court nomination</span>

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.

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

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.

References

  1. ↑ "Landmark Legislation: Judiciary Act of 1789". Washington, D.C.: Federal Judicial Center. Retrieved August 9, 2018.
  2. ↑ "Landmark Legislation: Circuit Judgeships". Washington, D.C.: Federal Judicial Center. Retrieved August 9, 2018.
  3. 1 2 3 4 "Supreme Court Nominations: present–1789". Washington, D.C.: Office of the Secretary, United States Senate. Retrieved March 5, 2022.
  4. ↑ Kapur, Sahil (April 7, 2022). "Senate confirms Ketanji Brown Jackson to Supreme Court in historic vote". NBC News. Retrieved April 19, 2022.
  5. 1 2 3 4 5 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.
  6. ↑ 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.
  7. ↑ The Supreme Court and the Presidency: Struggles for Supremacy. Washington, D.C.: CQ Press. 2013. p. 83. ISBN   9781452234175 . Retrieved January 11, 2022.
  8. ↑ Lewis, Jeffrey B.; Poole, Keith; Rosenthal, Howard; Boche, Adam; Rudkin, Aaron; Sonnet, Luke (2022). "Voteview: Congressional Roll-Call Votes Database". voteview.com.
  9. ↑ Tauberer, Joshua (2022). "GovTrack.us: Tracking the United States Congress". govtrack.us.
  10. ↑ "Party Division". Washington, D.C.: United States Senate. Retrieved March 27, 2022.
  11. ↑ Lewis et al. , 4th Congress Senate Vote 18 (1795).
  12. ↑ Lewis et al. , 4th Congress Senate Vote 27 (1796).
  13. ↑ Lewis et al. , 11th Congress Senate Vote 150 (1811).
  14. ↑ Lewis et al. , 19th Congress Senate Vote 107 (1826).
  15. ↑ Lewis et al. , 20th Congress Senate Vote 191 (1829).
  16. ↑ Lewis et al. , 21st Congress Senate Vote 24 (1830).
  17. ↑ Lewis et al. , 23rd Congress Senate Vote 221 (1835).
  18. ↑ Lewis et al. , 24th Congress Senate Vote 40 (1836).
  19. ↑ Lewis et al. , 24th Congress Senate Vote 43 (1836).
  20. ↑ Lewis et al. , 25th Congress Senate Vote 5 (1837).
  21. ↑ Lewis et al. , 25th Congress Senate Vote 6 (1837).
  22. ↑ Lewis et al. , 26th Congress Senate Vote 315 (1841).
  23. ↑ Lewis et al. , 28th Congress Senate Vote 13 (1844).
  24. ↑ Lewis et al., 28th Congress Senate Vote 197 (1844).
  25. ↑ Lewis et al. , 28th Congress Senate Vote 198 (1844).
  26. ↑ Lewis et al. , 29th Congress Senate Vote 25 (1846).
  27. ↑ Tauberer , Senate Vote #267 in 1853 (32nd Congress).
  28. ↑ Lewis et al. , 35th Congress Senate Vote 52 (1858).
  29. ↑ Lewis et al., 36th Congress Senate Vote 515 (1861).
  30. ↑ Lewis et al. , 37th Congress Senate Vote 153 (1862).
  31. ↑ Lewis et al. , 41st Congress Senate Vote 142 (1870).
  32. ↑ Lewis et al. , 41st Congress Senate Vote 92 (1869).
  33. ↑ Lewis et al. , 41st Congress Senate Vote 203 (1870).
  34. ↑ Lewis et al. , 43rd Congress Senate Vote 48 (1874).
  35. ↑ Lewis et al. , 46th Congress Senate Vote 422 (1880).
  36. ↑ Lewis et al. , 47th Congress Senate Vote 169 (1881).
  37. ↑ Lewis et al. , 47th Congress Senate Vote 243 (1881).
  38. ↑ Tauberer , Senate Vote #285 in 1882 (47th Congress).
  39. ↑ Lewis et al. , 50th Congress Senate Vote 9 (1888).
  40. ↑ Lewis et al. , 50th Congress Senate Vote 138 (1888).
  41. ↑ Lewis et al. , 51st Congress Senate Vote 14 (1889).
  42. ↑ Lewis et al. , 53rd Congress Senate Vote 87 (1894).
  43. ↑ Lewis et al. , 53rd Congress Senate Vote 103 (1894).
  44. ↑ "Confirm Justice Pitney.; Senate Does So, 50 to 26: Opponents Mostly Democrats". The New York Times . March 14, 1912. Retrieved March 27, 2022.
  45. ↑ Lewis et al. , 64th Congress Senate Vote 147 (1916).
  46. ↑ Lewis et al. , 67th Congress Senate Vote 685 (1922).
  47. ↑ Tauberer , Senate Vote #202 in 1925 (68th Congress).
  48. ↑ Tauberer , Senate Vote #175 in 1930 (71st Congress).
  49. ↑ Tauberer , Senate Vote #321 in 1930 (71st Congress).
  50. ↑ Tauberer , Senate Vote #71 in 1937 (75th Congress).
  51. ↑ Tauberer , Senate Vote #18 in 1939 (76th Congress).
  52. ↑ Tauberer , Senate Vote #161 in 1949 (81st Congress).
  53. ↑ Tauberer , Senate Vote #208 in 1949 (81st Congress).
  54. ↑ Tauberer , Senate Vote #19 in 1955 (84th Congress).
  55. ↑ Tauberer , Senate Vote #58 in 1959 (86th Congress).
  56. ↑ Lewis et al. , 90th Congress Senate Vote 176 (1967).
  57. ↑ Lewis et al. , 91st Congress Senate Vote 27 (1969).
  58. ↑ Lewis et al. , 91st Congress Senate Vote 135 (1969).
  59. ↑ Lewis et al. , 91st Congress Senate Vote 357 (1970).
  60. ↑ Lewis et al. , 91st Congress Senate Vote 377 (1970).
  61. ↑ Lewis et al. , 92nd Congress Senate Vote 408 (1971).
  62. ↑ Lewis et al. , 92nd Congress Senate Vote 417 (1971).
  63. ↑ Lewis et al. , 94th Congress Senate Vote 603 (1975)
  64. ↑ Lewis et al. , 97th Congress Senate Vote 274 (1981).
  65. ↑ Lewis et al. , 99th Congress Senate Vote 647 (1986).
  66. ↑ Lewis et al. , 99th Congress Senate Vote 648 (1986).
  67. ↑ Lewis et al. , 100th Congress Senate Vote 348 (1987).
  68. ↑ Lewis et al. , 100th Congress Senate Vote 436 (1988).
  69. ↑ Lewis et al. , 101st Congress Senate Vote 571 (1990).
  70. ↑ Tauberer , Senate Vote #220 in 1991 (102nd Congress).
  71. ↑ Tauberer , Senate Vote #232 in 1993 (103rd Congress).
  72. ↑ Tauberer , Senate Vote #242 in 1994 (103rd Congress).
  73. ↑ Tauberer , Senate Vote #245 in 2005 (109th Congress).
  74. ↑ Tauberer , Senate Vote #2 in 2006 (109th Congress).
  75. ↑ Tauberer , Senate Vote #262 in 2009 (111th Congress).
  76. ↑ Tauberer , Senate Vote #229 in 2010 (111th Congress).
  77. ↑ Ware, Doug G. (January 3, 2017). "Nomination expires for Obama Supreme Court appointee Merrick Garland". UPI . Retrieved March 27, 2022.
  78. ↑ Tauberer , Senate Vote #111 in 2017 (115th Congress).
  79. ↑ Tauberer , Senate Vote #223 in 2018 (115th Congress).
  80. ↑ Tauberer , Senate Vote #224 in 2020 (116th Congress).
  81. ↑ Tauberer , Senate Vote #134 in 2022 (117th Congress).
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