Richard Nixon Supreme Court candidates
Encyclopedia
President
Richard Nixon
entered office in 1969 with Chief Justice
Earl Warren
having announced his retirement from 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 G. Harrold Carswell and Clement Haynsworth
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.
, had long since become a lightning rod for controversy among conservatives
: signs declaring "Impeach
Earl Warren" could be seen around the country throughout the 1960s. The unsuccessful impeachment drive was a major focus of the John Birch Society
.
In 1968, Chief Justice Earl Warren
announced his retirement after 15 years on the Court, effective on the confirmation of his successor. President Lyndon B. Johnson
nominated sitting Associate Justice Abe Fortas
to the position, but a Senate filibuster
blocked his confirmation. With Johnson's term as President about to expire before another nominee could be considered, Warren remained in office for another Supreme Court term.
In his presidential campaign, Nixon had pledged to appoint a strict constructionist as Chief Justice. Many speculated that President Richard Nixon
would elevate sitting Justice Potter Stewart
to the post, some going so far as to call him the front-runner. Stewart, though flattered by the suggestion, did not want again to appear before—and expose his family to—the Senate confirmation process. Nor did he relish the prospect of taking on the administrative responsibilities delegated to the Chief Justice. Accordingly, he met privately with the president to ask that his name be removed from consideration.
Instead, in 1969, Nixon nominated Warren E. Burger
to the Chief Justice position. Burger had first caught Nixon's eye when the magazine U.S. News and World Report had reprinted a 1967 speech that Burger had given at Ripon College
, in which he compared the United States judicial system to those of Norway
, Sweden
, and Denmark
:
Through speeches like this, Burger became known as a critic of Chief Justice Warren and an advocate of a literal, strict-constructionist
reading of the U.S. Constitution. Nixon's agreement with these views, being expressed by a readily confirmable, sitting federal appellate judge, led to the appointment.
The Senate confirmed Burger to succeed Warren by a vote of 74-3 on June 9, 1969. Senators Eugene McCarthy
(DFL-MN), Gaylord Nelson
(D-WI) and Stephen Young
(D-OH) voted against the nomination. Senator J. William Fulbright
(D-AR) simply voted "present." In total, 22 senators did not vote on the nomination, with Minority Whip Hugh Scott
(R-PA) noting that of the senators absent, Marlow Cook
(R-KY), Hiram Fong
(R-HI), Barry Goldwater
(R-AZ), Jacob Javits
(R-NY), George Murphy
(R-CA), Charles Percy
(R-IL) and Winston Prouty
(R-VT) would have all voted to pass the nomination. Burger was sworn in as the new Chief Justice on June 23, 1969.
Nixon asked Lewis F. Powell, Jr. to accept a nomination to the Court at that time, but Powell demurred. On August 21, 1969, Nixon nominated Clement Haynsworth
, then a judge on the Fourth Circuit Court of Appeals. Haynsworth was opposed by Democrats (possibly in retaliation for the Republicans' rejection of Fortas as Chief Justice), Liberal Republicans, and the NAACP. He was alleged to have made court decisions favoring segregation
and being reflexively anti-labor. Also, he was accused of ruling in cases where he had a financial interest, although this was never proven. Interestingly, his nomination was supported by the Washington Post, generally considered to be the "liberal" newspaper in Washington, D.C.
Haynsworth was later termed a "moderate" who was "close in outlook to John Paul Stevens
."
Haynsworth was defeated by a 55 to 45 vote on November 21, 1969. 19 Democrats and 26 Republicans voted for Haynsworth while 38 Democrats
and 17 Republicans
voted against the nomination. Haynsworth was the first Supreme Court nominee since John J. Parker
(1930) to be defeated by the Senate.
On January 19, 1970, Nixon nominated G. Harrold Carswell to the seat. Carswell was praised by Southern Senators
including Richard B. Russell, Jr.
, but was criticized by others for the high reversal rate (58%) of his decisions as a District Court Judge. Civil-rights advocates also questioned his civil rights
record; in 1948, Carswell had voiced support for racial segregation
while running for a seat in the Georgia state legislature (in his hometown, Irwinton, Georgia
; Carswell did not win the election and moved to Florida where he started his career as a private attorney).
In defense against charges that Carswell was "mediocre", U.S. Senator
Roman Hruska
(Republican, Nebraska) stated, "Even if he is mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they, and a little chance?" That remark is believed to have backfired and damaged Carswell's cause.
On April 8, 1970, the United States Senate
refused to confirm Carswell's nomination to serve on the Supreme Court. The vote was 51 to 45, with 17 Democrats and 28 Republicans voting for Carswell, and 38 Democrats and 13 Republicans voting against him. Nixon accused Democrats of having an anti-Southern bias as a result.
On April 15, 1970, Nixon nominated Minnesotan Harry Blackmun
to fill the Fortas vacancy. Blackmun was confirmed by the Senate by a vote of 94-0 on May 12, 1970. Senators Birch Bayh
(D-IN), Al Gore, Sr.
(D-TN), Richard Russell, Jr.
(D-GA), Barry Goldwater
(R-AZ), Karl E. Mundt
(R-SD), and John Tower
(R-TX) did not vote. Majority Whip Ted Kennedy
(D-MA) and Minority Whip Robert P. Griffin
(R-MI) made public note on the Senate floor that, out of the six senators not in attendance for the vote, all of them would have voted to confirm Blackmun.
admitted himself to the National Naval Medical Center
in Bethesda, Maryland
. Black subsequently retired from the Court on September 17, thereafter suffering a stroke and dying within ten days. At the same time, Justice John M. Harlan
was suffering from deteriorating health, and he retired from the Supreme Court on September 23, 1971.
Nixon initially intended to nominate Virginia Congressman Richard Harding Poff
, but before Nixon could formally nominate him, Poff withdrew. John Dean
wrote that Poff actually made that decision based on concerns that he would thus be forced to reveal to his then-12-year-old son Thomas that he had been adopted. Poff's concern was that the child would be negatively affected by that kind of information if revealed before he was old enough to understand.
In mid-October, Nixon's White House released a list of six potential candidates for the seat, to which Time Magazine responded with a scathing editorial, stating that Nixon had an "opportunity to redress the embarrassment of his two unsuccessful Supreme Court nominations", but that the names released "demonstrated his inability or unwillingness to nominate renowned jurists to the highest tribunal in the land". The list included: West Virginia Senator Robert Byrd
, Arkansas attorney Hershel Friday
, California appeals court judge Mildred Lillie
, Fifth Circuit judge Paul Roney, Fifth Circuit judge Charles Clark
, and District of Columbia judge Sylvia Bacon
. Although Byrd's name was on the list, the White House had previously indicated that he was not a serious candidate for the seat.
Nixon thereafter announced his intention to nominate Hershel Friday to fill Black's seat, and Mildred Lillie to fill Harlan's seat; Lillie would have been the first female nominee to the Supreme Court. Nixon relented after the American Bar Association
found both candidates to be unqualified. Nixon then approached Lewis F. Powell, Jr., who had declined the nomination in 1969. Powell remained unsure, but Nixon and his Attorney General, John Mitchell
, persuaded him that joining the Court was his duty to his nation. Powell and William Rehnquist
were both nominated on October 22, 1971.
The Senate confirmed Powell by a vote of 89-1 on December 6, 1971. Fred R. Harris
(D-OK) was the only senator to oppose the nomination. Senators Wallace F. Bennett
(R-UT), Peter H. Dominick
(R-CO), David H. Gambrell
(D-GA), Hubert Humphrey
(DFL-MN), Daniel Inouye
(D-HI), Jack Miller (R-IA), Frank Moss (D-UT), Karl E. Mundt
(R-SD), Charles Percy
(R-IL) and Robert Stafford
(R-VT) did not vote. Majority Whip Robert Byrd
(D-WV) announced that, out of the absent Democratic senators, Senators Gambrell, Humphrey, Inouye and Moss would have voted to confirm Powell. Minority Whip Robert P. Griffin
(R-MI) announced that, out of the absent Republican senators, Senators Bennett, Dominick, Percy and Miller would have voted to confirm Powell.
The Senate confirmation of Rehnquist was much more contentious, with the loudest concerns voiced by Senators Birch Bayh
(D-IN) and Philip Hart
(D-MI), who brought up that Rehnquist's nomination was opposed by a record number of unions and organizations, including the AFL-CIO
, the United Auto Workers
, and the NAACP. The Senate put the concerns to a vote on December 10, 1971, and Rehnquist's nomination passed by a vote of 68-26. Of the 26 senators voting to kill the nomination, nearly all were Democrat; only Clifford P. Case
(R-NJ) and Jacob Javits
(R-NY) jumped party lines in the vote. Senate Majority Leader Mike Mansfield
(D-MT), after having previously voted "nay," withdrew his vote as a goodwill gesture to Senator Charles Percy, who could not attend the vote; he would have voted "yea" and counteracted Mansfield's vote. In addition to Percy, Clinton P. Anderson
(D-NM), Wallace F. Bennett
(R-UT), Karl E. Mundt
(R-SD) and Margaret Chase Smith
(R-ME) did not vote. Minority Whip Robert P. Griffin
(R-MI) announced that Senator Smith would have voted to confirm Rehnquist.
With both votes confirmed, Powell and Rehnquist were sworn in on January 7, 1972.
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
entered office in 1969 with Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
Earl Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
having announced his retirement from Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
the previous year. Nixon appointed Warren E. Burger
Warren E. Burger
Warren Earl Burger was the 15th Chief Justice of the United States from 1969 to 1986. Although Burger had conservative leanings, the U.S...
to replace Earl Warren, and during his time in office appointed three other members of the Supreme Court: Associate Justices
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
Harry Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
, Lewis F. Powell, and William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
. Nixon also nominated G. Harrold Carswell and Clement Haynsworth
Clement Haynsworth
Clement Furman Haynsworth, Jr. was a United States judge and an unsuccessful nominee for the United States Supreme Court....
for the vacancy that was ultimately filled by Blackmun, but the nominations were rejected by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. Nixon's failed Supreme Court nominations were the first since Herbert Hoover's
Herbert Hoover
Herbert Clark Hoover was the 31st President of the United States . Hoover was originally a professional mining engineer and author. As the United States Secretary of Commerce in the 1920s under Presidents Warren Harding and Calvin Coolidge, he promoted partnerships between government and business...
nomination of John J. Parker
John J. Parker
John Johnston Parker was a U.S. judge who failed confirmation to the Supreme Court by one vote. He was also the U.S. alternate judge at the Nuremberg Trials of Nazi war criminals and later served on the United Nations' International Law Commission.John J. Parker was born in Monroe, North Carolina,...
was rejected by the Senate.
Politics
While Nixon was a candidate for President, the sitting Chief Justice, Earl WarrenEarl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
, had long since become a lightning rod for controversy among conservatives
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
: signs declaring "Impeach
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
Earl Warren" could be seen around the country throughout the 1960s. The unsuccessful impeachment drive was a major focus of the John Birch Society
John Birch Society
The John Birch Society is an American political advocacy group that supports anti-communism, limited government, a Constitutional Republic and personal freedom. It has been described as radical right-wing....
.
Warren E. Burger nomination
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
announced his retirement after 15 years on the Court, effective on the confirmation of his successor. President Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
nominated sitting Associate Justice Abe Fortas
Abe Fortas
Abraham Fortas was a U.S. Supreme Court associate justice from 1965 to 1969. Originally from Tennessee, Fortas became a law professor at Yale, and subsequently advised the Securities and Exchange Commission. He then worked at the Interior Department under Franklin D...
to the position, but a Senate filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
blocked his confirmation. With Johnson's term as President about to expire before another nominee could be considered, Warren remained in office for another Supreme Court term.
In his presidential campaign, Nixon had pledged to appoint a strict constructionist as Chief Justice. Many speculated that President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
would elevate sitting Justice Potter Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
to the post, some going so far as to call him the front-runner. Stewart, though flattered by the suggestion, did not want again to appear before—and expose his family to—the Senate confirmation process. Nor did he relish the prospect of taking on the administrative responsibilities delegated to the Chief Justice. Accordingly, he met privately with the president to ask that his name be removed from consideration.
Instead, in 1969, Nixon nominated Warren E. Burger
Warren E. Burger
Warren Earl Burger was the 15th Chief Justice of the United States from 1969 to 1986. Although Burger had conservative leanings, the U.S...
to the Chief Justice position. Burger had first caught Nixon's eye when the magazine U.S. News and World Report had reprinted a 1967 speech that Burger had given at Ripon College
Ripon College (Wisconsin)
Ripon College is a liberal arts college in Ripon, Wisconsin, USA. It offers small class sizes and intensive mentoring to students. Ripon has a chapter of Phi Beta Kappa--one of the nation's most prestigious honor societies. Alumni have high rates of success in the workforce as well as acceptance...
, in which he compared the United States judicial system to those of Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, and Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
:
- I assume that no one will take issue with me when I say that these North European countries are as enlightened as the United States in the value they place on the individual and on human dignity. [Those countries] do not consider it necessary to use a device like our Fifth AmendmentFifth Amendment to the United States ConstitutionThe Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
, under which an accused person may not be required to testify. They go swiftly, efficiently and directly to the question of whether the accused is guilty. No nation on earth goes to such lengths or takes such pains to provide safeguards as we do, once an accused person is called before the bar of justice and until his case is completed.
Through speeches like this, Burger became known as a critic of Chief Justice Warren and an advocate of a literal, strict-constructionist
Strict constructionism
In the United States, Strict constructionism refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation. The phrase is also commonly used more loosely as a generic term for conservatism among the judiciary.- Strict sense of the term :Strict...
reading of the U.S. Constitution. Nixon's agreement with these views, being expressed by a readily confirmable, sitting federal appellate judge, led to the appointment.
The Senate confirmed Burger to succeed Warren by a vote of 74-3 on June 9, 1969. Senators Eugene McCarthy
Eugene McCarthy
Eugene Joseph "Gene" McCarthy was an American politician, poet, and a long-time member of the United States Congress from Minnesota. He served in the U.S. House of Representatives from 1949 to 1959 and the U.S. Senate from 1959 to 1971.In the 1968 presidential election, McCarthy was the first...
(DFL-MN), Gaylord Nelson
Gaylord Nelson
Gaylord Anton Nelson was an American politician from Wisconsin who served as a United States Senator and governor. A Democrat, he was the principal founder of Earth Day.-Public service and leadership:...
(D-WI) and Stephen Young
Stephen M. Young
Stephen Marvin Young was an American politician of the Democratic Party from Ohio. He was a United States Senator from Ohio from 1958 until 1971....
(D-OH) voted against the nomination. Senator J. William Fulbright
J. William Fulbright
James William Fulbright was a United States Senator representing Arkansas from 1945 to 1975.Fulbright was a Southern Democrat and a staunch multilateralist who supported the creation of the United Nations and the longest serving chairman in the history of the Senate Foreign Relations Committee...
(D-AR) simply voted "present." In total, 22 senators did not vote on the nomination, with Minority Whip Hugh Scott
Hugh Scott
Hugh Doggett Scott, Jr. was a politician from Pennsylvania who served in both the United States House of Representatives and the United States Senate, and who also served as Chairman of the Republican National Committee.- Early life :He was born in Fredericksburg, Virginia, on November 11, 1900...
(R-PA) noting that of the senators absent, Marlow Cook
Marlow Cook
Marlow Webster Cook is a former Republican United States Senator from Kentucky.-Early life:Cook moved to Louisville when he was 17. He joined the United States Navy and served on submarines in both the Atlantic and Pacific Oceans during World War II...
(R-KY), Hiram Fong
Hiram Fong
Hiram Leong Fong , born Yau Leong Fong , was an American businessman and politician from Hawaii. He is most notable for his service as Republican United States Senator from 1959 to 1977, and for being the first Asian American and Chinese American to be elected as such...
(R-HI), Barry Goldwater
Barry Goldwater
Barry Morris Goldwater was a five-term United States Senator from Arizona and the Republican Party's nominee for President in the 1964 election. An articulate and charismatic figure during the first half of the 1960s, he was known as "Mr...
(R-AZ), Jacob Javits
Jacob K. Javits
Jacob Koppel "Jack" Javits was a politician who served as United States Senator from New York from 1957 to 1981. A liberal Republican, he was originally allied with Governor Nelson Rockefeller, fellow U.S...
(R-NY), George Murphy
George Murphy
George Lloyd Murphy was an American dancer, actor, and politician.-Life and career:He was born in New Haven, Connecticut of Irish Catholic extraction, the son of Michael Charles "Mike" Murphy, athletic trainer and coach, and Nora Long. He was educated at Peddie School, Trinity-Pawling School, and...
(R-CA), Charles Percy
Charles H. Percy
Charles Harting "Chuck" Percy was president of the Bell & Howell Corporation from 1949 to 1964. He was elected United States Senator from Illinois in 1966, re-elected through his term ending in 1985; he concentrated on business and foreign relations...
(R-IL) and Winston Prouty
Winston L. Prouty
Winston Lewis Prouty was a United States Representative and Senator from Vermont.Winston Lewis Prouty was born in Newport, Vermont, to Willard Robert Prouty and Margaret Prouty. The Prouty family owned and operated Prouty & Miller, a lumber and building materials company, with forests east of the...
(R-VT) would have all voted to pass the nomination. Burger was sworn in as the new Chief Justice on June 23, 1969.
Harry Blackmun nomination
In 1969, Abe Fortas resigned from the Court due to conflict of interest charges, creating an opening for Nixon's second nomination to the Court.Nixon asked Lewis F. Powell, Jr. to accept a nomination to the Court at that time, but Powell demurred. On August 21, 1969, Nixon nominated Clement Haynsworth
Clement Haynsworth
Clement Furman Haynsworth, Jr. was a United States judge and an unsuccessful nominee for the United States Supreme Court....
, then a judge on the Fourth Circuit Court of Appeals. Haynsworth was opposed by Democrats (possibly in retaliation for the Republicans' rejection of Fortas as Chief Justice), Liberal Republicans, and the NAACP. He was alleged to have made court decisions favoring segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
and being reflexively anti-labor. Also, he was accused of ruling in cases where he had a financial interest, although this was never proven. Interestingly, his nomination was supported by the Washington Post, generally considered to be the "liberal" newspaper in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
Haynsworth was later termed a "moderate" who was "close in outlook to John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
."
Haynsworth was defeated by a 55 to 45 vote on November 21, 1969. 19 Democrats and 26 Republicans voted for Haynsworth while 38 Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
and 17 Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
voted against the nomination. Haynsworth was the first Supreme Court nominee since John J. Parker
John J. Parker
John Johnston Parker was a U.S. judge who failed confirmation to the Supreme Court by one vote. He was also the U.S. alternate judge at the Nuremberg Trials of Nazi war criminals and later served on the United Nations' International Law Commission.John J. Parker was born in Monroe, North Carolina,...
(1930) to be defeated by the Senate.
On January 19, 1970, Nixon nominated G. Harrold Carswell to the seat. Carswell was praised by Southern Senators
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
including Richard B. Russell, Jr.
Richard Russell, Jr.
Richard Brevard Russell, Jr. was a Democratic Party politician from the southeastern state of Georgia. He served as state governor from 1931 to 1933 and United States senator from 1933 to 1971....
, but was criticized by others for the high reversal rate (58%) of his decisions as a District Court Judge. Civil-rights advocates also questioned his civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
record; in 1948, Carswell had voiced support for racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
while running for a seat in the Georgia state legislature (in his hometown, Irwinton, Georgia
Irwinton, Georgia
Irwinton is a city in Wilkinson County, Georgia, United States. The population was 583 at the 2010 census. The city is the county seat of Wilkinson County.-Geography:Irwinton is located at ....
; Carswell did not win the election and moved to Florida where he started his career as a private attorney).
In defense against charges that Carswell was "mediocre", U.S. Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Roman Hruska
Roman Hruska
Roman Lee Hruska was a Republican U.S. Senator from the state of Nebraska. Hruska was known as one of the most vocal conservatives in the United States Senate during the 1960s and 1970s.-Life and career:...
(Republican, Nebraska) stated, "Even if he is mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they, and a little chance?" That remark is believed to have backfired and damaged Carswell's cause.
On April 8, 1970, the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
refused to confirm Carswell's nomination to serve on the Supreme Court. The vote was 51 to 45, with 17 Democrats and 28 Republicans voting for Carswell, and 38 Democrats and 13 Republicans voting against him. Nixon accused Democrats of having an anti-Southern bias as a result.
On April 15, 1970, Nixon nominated Minnesotan Harry Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
to fill the Fortas vacancy. Blackmun was confirmed by the Senate by a vote of 94-0 on May 12, 1970. Senators Birch Bayh
Birch Bayh
Birch Evans Bayh II is a former United States Senator from Indiana, having served from 1963 to 1981. He was a candidate for the Democratic nomination for president in the 1976 election, but lost to Jimmy Carter. He is the father of former Indiana Governor and former U.S. Senator Evan Bayh.-Life...
(D-IN), Al Gore, Sr.
Albert Gore, Sr.
Albert Arnold "Al" Gore, Sr. was an American politician, serving as a U.S. Representative and a U.S. Senator for the Democratic Party from Tennessee....
(D-TN), Richard Russell, Jr.
Richard Russell, Jr.
Richard Brevard Russell, Jr. was a Democratic Party politician from the southeastern state of Georgia. He served as state governor from 1931 to 1933 and United States senator from 1933 to 1971....
(D-GA), Barry Goldwater
Barry Goldwater
Barry Morris Goldwater was a five-term United States Senator from Arizona and the Republican Party's nominee for President in the 1964 election. An articulate and charismatic figure during the first half of the 1960s, he was known as "Mr...
(R-AZ), Karl E. Mundt
Karl Earl Mundt
Karl Earl Mundt was an American educator and a Republican member of the United States Congress, representing South Dakota in the United States House of Representatives from 1938 to 1948 and in the United States Senate from 1948 to 1973.-Biography:Born in Humboldt, South Dakota, Mundt attended...
(R-SD), and John Tower
John Tower
John Goodwin Tower was the first Republican United States senator from Texas since Reconstruction. He served from 1961 until his retirement in January 1985, after which time he was the chairman of the Reagan-appointed Tower Commission that investigated the Iran-Contra Affair. He was George H. W...
(R-TX) did not vote. Majority Whip Ted Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
(D-MA) and Minority Whip Robert P. Griffin
Robert P. Griffin
Robert Paul Griffin was a U.S. Representative, U.S. Senator from the state of Michigan and Justice of the Michigan Supreme Court....
(R-MI) made public note on the Senate floor that, out of the six senators not in attendance for the vote, all of them would have voted to confirm Blackmun.
Lewis Powell and William Rehnquist nominations
On August 28, 1971, Justice Hugo BlackHugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
admitted himself to the National Naval Medical Center
National Naval Medical Center
The National Naval Medical Center in Bethesda, Maryland, USA — commonly known as the Bethesda Naval Hospital — was for decades the flagship of the United States Navy's system of medical centers. A federal institution, it conducted medical and dental research as well as providing health care for...
in Bethesda, Maryland
Bethesda, Maryland
Bethesda is a census designated place in southern Montgomery County, Maryland, United States, just northwest of Washington, D.C. It takes its name from a local church, the Bethesda Meeting House , which in turn took its name from Jerusalem's Pool of Bethesda...
. Black subsequently retired from the Court on September 17, thereafter suffering a stroke and dying within ten days. At the same time, Justice John M. Harlan
John Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...
was suffering from deteriorating health, and he retired from the Supreme Court on September 23, 1971.
Nixon initially intended to nominate Virginia Congressman Richard Harding Poff
Richard Harding Poff
Richard Harding Poff was an American politician and judge. He was first elected to the United States House of Representatives in 1952, representing Virginia's Sixth District...
, but before Nixon could formally nominate him, Poff withdrew. John Dean
John Dean
John Wesley Dean III is an American lawyer who served as White House Counsel to United States President Richard Nixon from July 1970 until April 1973. In this position, he became deeply involved in events leading up to the Watergate burglaries and the subsequent Watergate scandal cover-up...
wrote that Poff actually made that decision based on concerns that he would thus be forced to reveal to his then-12-year-old son Thomas that he had been adopted. Poff's concern was that the child would be negatively affected by that kind of information if revealed before he was old enough to understand.
In mid-October, Nixon's White House released a list of six potential candidates for the seat, to which Time Magazine responded with a scathing editorial, stating that Nixon had an "opportunity to redress the embarrassment of his two unsuccessful Supreme Court nominations", but that the names released "demonstrated his inability or unwillingness to nominate renowned jurists to the highest tribunal in the land". The list included: West Virginia Senator Robert Byrd
Robert Byrd
Robert Carlyle Byrd was a United States Senator from West Virginia. A member of the Democratic Party, Byrd served as a U.S. Representative from 1953 until 1959 and as a U.S. Senator from 1959 to 2010...
, Arkansas attorney Hershel Friday
Hershel Friday
Herschel H. Friday was an Arkansas bond lawyer whom President Richard Nixon considered appointing to the United States Supreme Court...
, California appeals court judge Mildred Lillie
Mildred Lillie
Mildred Lillie was a California judge whom President Richard Nixon seriously considered for the Supreme Court of the United States in 1971...
, Fifth Circuit judge Paul Roney, Fifth Circuit judge Charles Clark
Charles Clark (judge)
Charles Clark was a federal judge of the United States Court of Appeals for the Fifth Circuit from Mississippi. He is, as of 2011, the highest ranking judicial official from Mississippi since L.Q.C. Lamar served on the United States Supreme Court in 1893.Clark was born in Memphis, Tennessee to...
, and District of Columbia judge Sylvia Bacon
Sylvia Bacon
Sylvia Bacon was a judge of the Superior Court of the District of Columbia who was considered by both Richard Nixon and Ronald Reagan as a potential nominee to the Supreme Court of the United States, at a time when no women had yet been appointed to the Court.Born in Watertown, South Dakota, Bacon...
. Although Byrd's name was on the list, the White House had previously indicated that he was not a serious candidate for the seat.
Nixon thereafter announced his intention to nominate Hershel Friday to fill Black's seat, and Mildred Lillie to fill Harlan's seat; Lillie would have been the first female nominee to the Supreme Court. Nixon relented after the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
found both candidates to be unqualified. Nixon then approached Lewis F. Powell, Jr., who had declined the nomination in 1969. Powell remained unsure, but Nixon and his Attorney General, John Mitchell
John N. Mitchell
John Newton Mitchell was the Attorney General of the United States from 1969 to 1972 under President Richard Nixon...
, persuaded him that joining the Court was his duty to his nation. Powell and William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
were both nominated on October 22, 1971.
The Senate confirmed Powell by a vote of 89-1 on December 6, 1971. Fred R. Harris
Fred R. Harris
Fred Roy Harris is a former Democratic United States Senator from the state of Oklahoma. He served from 1964 until 1973.-Biography:...
(D-OK) was the only senator to oppose the nomination. Senators Wallace F. Bennett
Wallace F. Bennett
Wallace Foster Bennett was a Republican Senator representing the U.S. state of Utah .-Life and career:...
(R-UT), Peter H. Dominick
Peter H. Dominick
Peter Hoyt Dominick was a politician and lawyer from Colorado. A member of the Republican Party, he served in the United States Senate from 1963 to 1975. His uncle, Howard Alexander Smith, was a U.S. Senator from New Jersey from 1944 to 1959.Born in Stamford, Connecticut, Dominick graduated from St...
(R-CO), David H. Gambrell
David H. Gambrell
David Henry Gambrell is a Georgia attorney who represented his state in the United States Senate from 1971 through 1972.-Education and legal career:Gambrell was born in Atlanta, GA, on December 20, 1929....
(D-GA), Hubert Humphrey
Hubert Humphrey
Hubert Horatio Humphrey, Jr. , served under President Lyndon B. Johnson as the 38th Vice President of the United States. Humphrey twice served as a United States Senator from Minnesota, and served as Democratic Majority Whip. He was a founder of the Minnesota Democratic-Farmer-Labor Party and...
(DFL-MN), Daniel Inouye
Daniel Inouye
Daniel Ken "Dan" Inouye is the senior United States Senator from Hawaii, a member of the Democratic Party, and the President pro tempore of the United States Senate making him the highest-ranking Asian American politician in American history. Inouye is the chairman of the United States Senate...
(D-HI), Jack Miller (R-IA), Frank Moss (D-UT), Karl E. Mundt
Karl Earl Mundt
Karl Earl Mundt was an American educator and a Republican member of the United States Congress, representing South Dakota in the United States House of Representatives from 1938 to 1948 and in the United States Senate from 1948 to 1973.-Biography:Born in Humboldt, South Dakota, Mundt attended...
(R-SD), Charles Percy
Charles H. Percy
Charles Harting "Chuck" Percy was president of the Bell & Howell Corporation from 1949 to 1964. He was elected United States Senator from Illinois in 1966, re-elected through his term ending in 1985; he concentrated on business and foreign relations...
(R-IL) and Robert Stafford
Robert Stafford
Robert Theodore Stafford was an American politician from Vermont. In his lengthy career, he served as the 71st Governor of Vermont, a United States Representative, and a U.S. Senator...
(R-VT) did not vote. Majority Whip Robert Byrd
Robert Byrd
Robert Carlyle Byrd was a United States Senator from West Virginia. A member of the Democratic Party, Byrd served as a U.S. Representative from 1953 until 1959 and as a U.S. Senator from 1959 to 2010...
(D-WV) announced that, out of the absent Democratic senators, Senators Gambrell, Humphrey, Inouye and Moss would have voted to confirm Powell. Minority Whip Robert P. Griffin
Robert P. Griffin
Robert Paul Griffin was a U.S. Representative, U.S. Senator from the state of Michigan and Justice of the Michigan Supreme Court....
(R-MI) announced that, out of the absent Republican senators, Senators Bennett, Dominick, Percy and Miller would have voted to confirm Powell.
The Senate confirmation of Rehnquist was much more contentious, with the loudest concerns voiced by Senators Birch Bayh
Birch Bayh
Birch Evans Bayh II is a former United States Senator from Indiana, having served from 1963 to 1981. He was a candidate for the Democratic nomination for president in the 1976 election, but lost to Jimmy Carter. He is the father of former Indiana Governor and former U.S. Senator Evan Bayh.-Life...
(D-IN) and Philip Hart
Philip Hart
Philip Aloysius Hart was a Democratic United States Senator from Michigan from 1959 until 1976. He was nicknamed the Conscience of the Senate.-Early years:...
(D-MI), who brought up that Rehnquist's nomination was opposed by a record number of unions and organizations, including the AFL-CIO
AFL-CIO
The American Federation of Labor and Congress of Industrial Organizations, commonly AFL–CIO, is a national trade union center, the largest federation of unions in the United States, made up of 56 national and international unions, together representing more than 11 million workers...
, the United Auto Workers
United Auto Workers
The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, better known as the United Auto Workers , is a labor union which represents workers in the United States and Puerto Rico, and formerly in Canada. Founded as part of the Congress of Industrial...
, and the NAACP. The Senate put the concerns to a vote on December 10, 1971, and Rehnquist's nomination passed by a vote of 68-26. Of the 26 senators voting to kill the nomination, nearly all were Democrat; only Clifford P. Case
Clifford P. Case
Clifford Philip Case was an American lawyer and Republican Party politician who represented in the United States House of Representatives and the State of New Jersey in the United States Senate .-Biography:Clifford P. Case was born in Franklin Park in Somerset County, New Jersey...
(R-NJ) and Jacob Javits
Jacob K. Javits
Jacob Koppel "Jack" Javits was a politician who served as United States Senator from New York from 1957 to 1981. A liberal Republican, he was originally allied with Governor Nelson Rockefeller, fellow U.S...
(R-NY) jumped party lines in the vote. Senate Majority Leader Mike Mansfield
Mike Mansfield
Michael Joseph Mansfield was an American Democratic politician and the longest-serving Majority Leader of the United States Senate, serving from 1961 to 1977. He also served as United States Ambassador to Japan for over ten years...
(D-MT), after having previously voted "nay," withdrew his vote as a goodwill gesture to Senator Charles Percy, who could not attend the vote; he would have voted "yea" and counteracted Mansfield's vote. In addition to Percy, Clinton P. Anderson
Clinton Presba Anderson
Clinton Presba Anderson was an American Democratic Party politician who served as a U.S. Congressman from New Mexico , as the United States Secretary of Agriculture , and as a U.S. Senator from New Mexico .-Early life and career:Anderson was born in Centerville, South Dakota, on October 23, 1895...
(D-NM), Wallace F. Bennett
Wallace F. Bennett
Wallace Foster Bennett was a Republican Senator representing the U.S. state of Utah .-Life and career:...
(R-UT), Karl E. Mundt
Karl Earl Mundt
Karl Earl Mundt was an American educator and a Republican member of the United States Congress, representing South Dakota in the United States House of Representatives from 1938 to 1948 and in the United States Senate from 1948 to 1973.-Biography:Born in Humboldt, South Dakota, Mundt attended...
(R-SD) and Margaret Chase Smith
Margaret Chase Smith
Margaret Chase Smith was a Republican Senator from Maine, and one of the most successful politicians in Maine history. She was the first woman to be elected to both the U.S. House and the Senate, and the first woman from Maine to serve in either. She was also the first woman to have her name...
(R-ME) did not vote. Minority Whip Robert P. Griffin
Robert P. Griffin
Robert Paul Griffin was a U.S. Representative, U.S. Senator from the state of Michigan and Justice of the Michigan Supreme Court....
(R-MI) announced that Senator Smith would have voted to confirm Rehnquist.
With both votes confirmed, Powell and Rehnquist were sworn in on January 7, 1972.
Names mentioned
Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Nixon for a Supreme Court appointment:United States Courts of Appeals
- Court of Appeals for the 2d CircuitUnited States Court of Appeals for the Second CircuitThe United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
- Charles D. BreitelCharles D. BreitelCharles David Breitel was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1974 to 1978.-Life:...
- Walter Mansfield
- William H. Mulligan
- Harold Tyler
- Charles D. Breitel
- Court of Appeals for the 4th CircuitUnited States Court of Appeals for the Fourth CircuitThe United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
- Clement HaynsworthClement HaynsworthClement Furman Haynsworth, Jr. was a United States judge and an unsuccessful nominee for the United States Supreme Court....
(Nominated but rejected by the Senate)
- Clement Haynsworth
- Court of Appeals for the 5th CircuitUnited States Court of Appeals for the Fifth CircuitThe United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
- G. Harrold Carswell (Nominated but rejected by the Senate)
- Charles ClarkCharles Clark (judge)Charles Clark was a federal judge of the United States Court of Appeals for the Fifth Circuit from Mississippi. He is, as of 2011, the highest ranking judicial official from Mississippi since L.Q.C. Lamar served on the United States Supreme Court in 1893.Clark was born in Memphis, Tennessee to...
- Paul Roney
- Court of Appeals for the 8th CircuitUnited States Court of Appeals for the Eighth CircuitThe United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
- Harry BlackmunHarry BlackmunHarold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
(Nominated and Confirmed)
- Harry Blackmun
- Court of Appeals for the 9th CircuitUnited States Court of Appeals for the Ninth CircuitThe United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
- Shirley M. Hufstedler
- Court of Appeals for the 11th CircuitUnited States Court of Appeals for the Eleventh CircuitThe United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
- David W. DyerDavid W. DyerDavid William Dyer was an American lawyer and judge.Dyer was born in Columbus, Ohio. He graduated from Stetson University College of Law with an LL.B. in 1933....
- David W. Dyer
- Court of Appeals for the D.C. CircuitUnited States Court of Appeals for the District of Columbia CircuitThe United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
- Warren E. BurgerWarren E. BurgerWarren Earl Burger was the 15th Chief Justice of the United States from 1969 to 1986. Although Burger had conservative leanings, the U.S...
(Nominated and Confirmed as Chief Justice)
- Warren E. Burger
United States District Court judges
- Edward Thaxter GignouxEdward Thaxter GignouxEdward Thaxter Gignoux was a United States federal judge.Born in Portland, Maine, Gignoux received an A.B. from Harvard College in 1937 and an LL.B. from Harvard Law School in 1940. He was in private practice in Buffalo, New York from 1940 to 1941, then in Washington, D.C. from 1941 to 1942...
, United States District Court for the District of MaineUnited States District Court for the District of MaineThe U.S. District Court for the District of Maine is the U.S. district court for the state of Maine. The District of Maine was one of the original thirteen district courts established by the Judiciary Act of 1789, even though Maine was not a separate state from Massachusetts until 1820... - Frank Minis JohnsonFrank Minis JohnsonFrank Minis Johnson, Jr. was a United States Federal judge, made a number of landmark civil rights rulings that helped end segregation in the South...
, United States District Court for the Middle District of AlabamaUnited States District Court for the Middle District of AlabamaThe United States District Court for the Middle District of Alabama is the Federal district court whose jurisdiction comprises the following counties: Autauga, Barbour, Bullock, Butler, Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw, Dale, Elmore, Geneva, Henry, Houston, Lee, Lowndes,... - Cornelia Groefsema KennedyCornelia Groefsema KennedyCornelia Groefsema Kennedy is a Senior Judge on the United States Court of Appeals for the Sixth Circuit.-Biography:Kennedy grew up in Detroit, Michigan. She graduated at the top of her class from the University of Michigan Law School. After law school, she clerked for the chief judge of the U.S....
, United States District Court for the Eastern District of MichiganUnited States District Court for the Eastern District of MichiganThe United States District Court for the Eastern District of Michigan is the Federal district court with jurisdiction over of the eastern portion of the state of Michigan. The Court is based in Detroit, with courthouses also located in Ann Arbor, Bay City, Flint, and Port Huron...
(Kennedy was elevated to the 6th Circuit by Carter)
Other judges
- Sylvia BaconSylvia BaconSylvia Bacon was a judge of the Superior Court of the District of Columbia who was considered by both Richard Nixon and Ronald Reagan as a potential nominee to the Supreme Court of the United States, at a time when no women had yet been appointed to the Court.Born in Watertown, South Dakota, Bacon...
, District of Columbia Superior Court judge - Robert BraucherRobert BraucherRobert Braucher was an Associate Justice of the Massachusetts Supreme Judicial Court from January 18, 1971, until his death.- Early years :...
, Justice of the Supreme Judicial Court of Massachusetts - Harry D. Goldman, New York appellate judge
- Mildred LillieMildred LillieMildred Lillie was a California judge whom President Richard Nixon seriously considered for the Supreme Court of the United States in 1971...
, California appellate judge - Paul Reardon, Justice of the Supreme Judicial Court of Massachusetts
- Susie Marshall Sharp, Justice of the Supreme Court of North Carolina
Members of the United States House of Representatives
- Martha W. Griffiths, Michigan
- Margaret M. Heckler, Massachusetts
- Richard H. Poff, Virginia
Executive Branch officials
- Spiro AgnewSpiro AgnewSpiro Theodore Agnew was the 39th Vice President of the United States , serving under President Richard Nixon, and the 55th Governor of Maryland...
, Vice President of the United StatesVice President of the United StatesThe Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term... - William H. BrownWilliam H. BrownWilliam H. Brown was a United States Navy sailor during the American Civil War and a recipient of America's highest military decoration—the Medal of Honor.-Biography:...
, chairman of the Equal Employment Opportunity CommissionEqual Employment Opportunity CommissionThe U.S. Equal Employment Opportunity Commission is an independent federal law enforcement agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, perceived intelligence,... - William RehnquistWilliam RehnquistWilliam Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
, Assistant U.S. Attorney General (Nominated and Confirmed) - Caspar WeinbergerCaspar WeinbergerCaspar Willard "Cap" Weinberger , was an American politician, vice president and general counsel of Bechtel Corporation, and Secretary of Defense under President Ronald Reagan from January 21, 1981, until November 23, 1987, making him the third longest-serving defense secretary to date, after...
, director of the Bureau of the Budget
Law professors
- Alexander M. Bickel, professor of law, Yale Law SchoolYale Law SchoolYale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
- Soia MentschikoffSoia MentschikoffSoia Mentschikoff was an American lawyer, law professor, and legal scholar, best known for her work in the development and drafting of the Uniform Commercial Code. She was also the first woman to teach at Harvard Law School....
, professor of law, University of Chicago Law SchoolUniversity of Chicago Law SchoolThe University of Chicago Law School was founded in 1902 as the graduate school of law at the University of Chicago and is among the most prestigious and selective law schools in the world. The U.S. News & World Report currently ranks it fifth among U.S... - Dorothy Wright NelsonDorothy Wright Nelson-Biography:Born in San Pedro, California, Nelson received an A.B. from the University of California, Los Angeles in 1950, a J.D. from University of California, Los Angeles, School of Law in 1953, and an LL.M. from the University of Southern California Law School in 1956. She was a Research...
, professor of law, University of Southern California Law SchoolUniversity of Southern California Law SchoolThe University of Southern California Law School , located in Los Angeles, California, is a law school within the University of Southern California... - Ellen Peters, professor of law, Yale Law SchoolYale Law SchoolYale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
Other backgrounds
- Constance E. CookConstance CookConstance E. Cook was an American Republican Party politician who served in the New York State Assembly, where she co-authored a bill signed into law that legalized abortion in New York three years before the Roe v...
, New York State Assemblywoman - Hershel FridayHershel FridayHerschel H. Friday was an Arkansas bond lawyer whom President Richard Nixon considered appointing to the United States Supreme Court...
, private attorney in Little Rock, ArkansasLittle Rock, ArkansasLittle Rock is the capital and the largest city of the U.S. state of Arkansas. The Metropolitan Statistical Area had a population of 699,757 people in the 2010 census... - Jewel LafontantJewel LafontantJewel Stradford Lafontant-Mankarious was the first female deputy solicitor general of the United States, an official in the administration of President George H. W. Bush, and an attorney in Chicago...
, private attorney in Chicago, Illinois - Lewis F. Powell, Jr., private attorney in Richmond, VirginiaRichmond, VirginiaRichmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
(Nominated and Confirmed) - William Pullman, private attorney in Philadelphia, PennsylvaniaPhiladelphia, PennsylvaniaPhiladelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...
- Charles S. Rhyne, private attorney in the District of Columbia
- William French SmithWilliam French SmithWilliam French Smith was an American lawyer and the 74th Attorney General of the United States.-Biography:...
, private attorney in Los Angeles, CaliforniaLos Angeles, CaliforniaLos Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California... - Arlen SpecterArlen SpecterArlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
, District Attorney of PhiladelphiaPhiladelphia, PennsylvaniaPhiladelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...