Dwight D. Eisenhower Supreme Court candidates

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During his two terms in office,

William Brennan, Charles Evans Whittaker, and Potter Stewart
. All were confirmed by the Senate.

Earl Warren nomination

Earl Warren as governor of California

California Governor Earl Warren as Chief Justice on October 5, 1953, by using a recess appointment.[3] In 1952 Warren had stood as a "favorite son" candidate of California for the Republican nomination for President, but withdrew in support of Eisenhower. Warren was reported to have offered to support Eisenhower's campaign in return for an appointment to the Supreme Court at the first possible opportunity. Eisenhower wanted a conservative justice and commented of Warren that "he represents the kind of political, economic, and social thinking that I believe we need on the Supreme Court.... He has a national name for integrity, uprightness, and courage that, again, I believe we need on the Court".[4] Warren was formally nominated on January 11, 1954, and was confirmed by the United States Senate on March 1, 1954, by voice vote.[5][6] Rumors that Eisenhower regretted the appointment have been debunked by scholars.[7]

John Marshall Harlan nomination

Following the death of Justice Robert H. Jackson on October 9, 1954, Eisenhower nominated John Marshall Harlan II on November 9, 1954. Harlan had at the time been sitting on the United States Court of Appeals for the Second Circuit for only nine months.[8] On being nominated, the reticent Harlan called reporters into his chambers in New York, and stated, in full, "I am very deeply honored."[9] The United States Senate did not initially act on his nomination, and Eisenhower had to renominate Harlan on January 10. Harlan's nomination came shortly after the Supreme Court handed down its landmark decision in

civil rights.[11] Unlike almost all previous Supreme Court nominees, Harlan appeared before the Senate Judiciary Committee to answer questions relating to his judicial views. Every Supreme Court nominee since Harlan has been questioned by the Judiciary Committee before confirmation.[12] The Senate finally confirmed him on March 16, 1955 by a vote of 71–11.[13][14] He took his seat on March 28, 1955.[15]
Of the eleven senators who voted against his appointment, nine were from the South.

William Brennan and Charles Evans Whittaker nominations

Due to ill health, Justice

Republican.[18] Additionally, Cardinal Francis Spellman had asked Eisenhower to appoint a Catholic to the court, as the Supreme Court had not had a Catholic justice since the death of Frank Murphy in 1949.[19]

Brennan gained the attention of Eisenhower's attorney general and chief legal affairs adviser,

Benjamin Cardozo in 1932), and Eisenhower's desire to appear bipartisan after his appointments of justices Earl Warren and John Marshall Harlan II.[21]
Brennan was formally nominated on January 14, 1957.

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

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

Potter Stewart nomination

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

Names mentioned

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

United States Supreme Court (elevation to Chief Justice)

United States courts of appeals

Courts of Appeals

United States district courts

State supreme courts

Executive branch officials

State governors

See also

References

  1. ^
    ISBN 0132223155
    .
  2. ^
    ISBN 9780762784219
    .
  3. ^
    Slate.com
     (June 14, 1999).
  4. ^ Personal and confidential To Milton Stover Eisenhower, October 9, 1953. In The Papers of Dwight David Eisenhower, ed. L. Galambos and D. van Ee, doc. 460. World Wide Web facsimile by The Dwight D. Eisenhower Memorial Commission of the print edition; Baltimore, MD: The Johns Hopkins University Press, 1996 Archived January 18, 2012, at the Wayback Machine. Accessed October 12, 2005.
  5. ^ a b c d e f g h Supreme Court Nominations, 1789-present, senate.gov.
  6. ^ "Senate – March 1, 1954" (PDF). Congressional Record. 100 (2). U.S. Government Printing Office: 2381. Retrieved February 18, 2022.
  7. ^ Michael A. Kahn, "Shattering the myth about President Eisenhower's Supreme Court appointments." Presidential Studies Quarterly 22.1 (1992): 47-56 online.
  8. ^ "Marshall, John Harlan". Federal Judicial Center. Archived from the original on 2008-09-20. Retrieved 2008-08-14.
  9. ^ Rosenbaum, David E. (September 24, 1971). "'A lawyer's judge; John Marshall Harlan". The New York Times. Retrieved 2009-04-17. (fee for article)
  10. ^ 347 U.S. 483 (1954)
  11. ^ Dorsen, 2006.
  12. ^ "United States Senate. Nominations". United States Senate. Retrieved 2008-10-09.
  13. ^ Epstein, 2005.
  14. ^ "Senate – March 16, 1955" (PDF). Congressional Record. 101 (3). U.S. Government Printing Office: 3036. Retrieved February 18, 2022.
  15. ^ Dorsen, 2002, pp. 139–143.
  16. ^ Oyez Project, Supreme Court media, Sherman Minton.
  17. ISBN 0-671-76787-9
    .
  18. ^ James Taranto, Leonard Leo (2004). Presidential Leadership. Wall Street Journal Books. Retrieved 2008-10-20.
  19. ^ Kessler, Glenn (February 24, 2016). "A recent Supreme Court appointment in an election year — without controversy". Washington Post. Retrieved March 22, 2016.
  20. ^
    ISBN 0-671-76787-9
    .
  21. ISBN 0-671-76787-9
    .
  22. ^ Huston, "Justice Reed, 72, to Retire From the Supreme Court," New York Times, February 1, 1957; "Justice Reed Retires From Supreme Court," New York Times, February 26, 1957.
  23. ^ Fassett, New Deal Justice: The Life of Stanley Reed of Kentucky, 1994.
  24. ^ "Federal Judge in Missouri Named to Supreme Court," New York Times, March 3, 1957.
  25. ^ "Senate – March 19, 1957" (PDF). Congressional Record. 103 (3). U.S. Government Printing Office: 3946. Retrieved February 18, 2022.
  26. ^ "Senate – May 5, 1959" (PDF). Congressional Record. 105 (6). U.S. Government Printing Office: 7472. Retrieved February 18, 2022.
  27. ^
    ISBN 978-0-226-94545-3
    .
  28. ^
    ISBN 978-1-4165-4151-6
    .
  29. ^ "Leedom Backed for Seat on Supreme Court". Rapid City Journal. Rapid City, South Dakota. 28 February 1957. p. 1.
  30. ISBN 0700602674
    .
  31. ^ Brandt, Raymond P. (September 27, 1953). "A New Chief Justice: Eisenhower Must Make Historic Decision — Will President Appoint the Best Man Available or Will He Listen to Partisan Politicians". St. Louis Post-Dispatch. St. Louis, Missouri. p. 1C.

Further reading

  • Kahn, Michael A. "Shattering the myth about President Eisenhower's Supreme Court appointments." Presidential Studies Quarterly 22.1 (1992): 47-56 online.
  • Nichols, David A. A matter of justice: Eisenhower and the beginning of the civil rights revolution (Simon and Schuster, 2007).
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