List of nominations to the Supreme Court of the United States

To become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the United States Senate, with at least half of that body approving in the affirmative. Generally, a justice's qualifications are judged by the President and, most visibly, by a Senate hearing. There is no definitive qualification of age or experience that is a standard to be met; instead, there is a much more subjective process taken by the Senate, occasionally resulting in a sometimes controversial defeat of judicial nominees.

The following table lists the nominations that were sent by the President to the Senate for the constitutionally required “advice and consent”. They are placed in chronological order by their date of nomination.

Nominee Replacing Seat
Rank
Date of Submission
to Senate
Result Vote Date of Result President Days active
John Jay Inaugural CJ September 24, 1789 confirmed voice vote September 26, 1789 Washington 2
John Rutledge Inaugural AJ September 24, 1789 confirmed voice vote September 26, 1789 Washington 2
William Cushing Inaugural AJ September 24, 1789 confirmed voice vote September 26, 1789 Washington 2
Robert H. Harrison Inaugural AJ September 24, 1789 declined September 26, 1789 Washington 2
James Wilson Inaugural AJ September 24, 1789 confirmed voice vote September 26, 1789 Washington 2
John Blair, Jr. Inaugural AJ September 24, 1789 confirmed voice vote September 26, 1789 Washington 2
James Iredell Harrison AJ February 8, 1790 confirmed voice vote February 10, 1790 Washington 2
Thomas Johnson Rutledge AJ November 1, 1791 confirmed voice vote November 7, 1791 Washington 6
William Paterson Johnson AJ February 27, 1793 withdrawn February 28, 1793 Washington 1
William Paterson Johnson AJ March 4, 1793 confirmed voice vote March 4, 1793 Washington 0
John Rutledge[1] Jay CJ December 10, 1795 rejected 10–14 December 15, 1795 Washington 5
William Cushing Rutledge CJ January 26, 1796 declined January 27, 1796 Washington 1
Samuel Chase Blair AJ January 26, 1796 confirmed voice vote January 27, 1796 Washington 1
Oliver Ellsworth Rutledge CJ March 3, 1796 confirmed 21–1 March 4, 1796 Washington 1
Bushrod Washington Wilson AJ December 19, 1798 confirmed voice vote December 20, 1798 J. Adams 1
Alfred Moore Iredell AJ December 4, 1799 confirmed voice vote December 10, 1799 J. Adams 6
John Jay Ellsworth CJ December 18, 1800 declined December 19, 1800 J. Adams 1
John Marshall Ellsworth CJ January 20, 1801 confirmed voice vote January 27, 1801 J. Adams 7
William Johnson Moore AJ March 22, 1804 confirmed voice vote March 24, 1804 Jefferson 2
Henry Brockholst Livingston Paterson AJ December 13, 1806 confirmed voice vote December 17, 1806 Jefferson 4
Thomas Todd Inaugural AJ February 28, 1807 confirmed voice vote March 2, 1807 Jefferson 2
Levi Lincoln, Sr. Cushing AJ January 2, 1811 declined January 3, 1811 Madison 1
Alexander Wolcott Cushing AJ February 4, 1811 rejected 9–24 February 13, 1811 Madison 9
John Quincy Adams Cushing AJ February 21, 1811 declined February 22, 1811 Madison 1
Joseph Story Cushing AJ November 15, 1811 confirmed voice vote November 18, 1811 Madison 3
Gabriel Duvall Chase AJ November 15, 1811 confirmed voice vote November 18, 1811 Madison 3
Smith Thompson[1] Livingston AJ December 5, 1823 confirmed voice vote December 9, 1823 Monroe 4
Robert Trimble Todd AJ April 11, 1826 confirmed 27–5 May 9, 1826 J. Q. Adams 28
John J. Crittenden Trimble AJ December 17, 1828 postponed 23–17 February 12, 1829 J. Q. Adams 57
John McLean Trimble AJ March 6, 1829 confirmed voice vote March 7, 1829 Jackson 1
Henry Baldwin Washington AJ January 4, 1830 confirmed 41–2 January 6, 1830 Jackson 2
James Moore Wayne Johnson AJ January 6, 1835 confirmed voice vote January 9, 1835 Jackson 3
Roger B. Taney Duvall AJ January 15, 1835 postponed 24–21 March 3, 1835 Jackson 47
Roger B. Taney Marshall CJ December 28, 1835 confirmed 29–15 March 15, 1836 Jackson 78
Philip Pendleton Barbour Duvall AJ December 28, 1835 confirmed 30–11 March 15, 1836 Jackson 78
William Smith Inaugural AJ March 3, 1837 declined 23–18 March 8, 1837 Jackson 5
John Catron Inaugural AJ March 3, 1837 confirmed 28–15 March 8, 1837 Jackson 5
John McKinley Inaugural AJ September 18, 1837 confirmed voice vote September 25, 1837 Van Buren 7
Peter Vivian Daniel Barbour AJ February 26, 1841 confirmed 25–5 March 2, 1841 Van Buren 4
John Canfield Spencer Thompson AJ January 9, 1844 rejected 21–26 January 31, 1844 Tyler 22
Reuben Walworth Thompson AJ March 13, 1844 withdrawn 27–20 June 17, 1844 Tyler 4
Edward King Baldwin AJ June 5, 1844 postponed 29–18 June 15, 1844 Tyler 10
John Canfield Spencer Thompson AJ June 17, 1844 withdrawn June 17, 1844 Tyler 0
Reuben Walworth Thompson AJ June 17, 1844 no action June 17, 1844 Tyler 0
Edward King Baldwin AJ December 4, 1844 withdrawn February 7, 1845 Tyler 65
Reuben Walworth Thompson AJ December 4, 1844 withdrawn February 4, 1845 Tyler 62
Samuel Nelson Thompson AJ February 4, 1845 confirmed voice vote February 14, 1845 Tyler 10
John M. Read Baldwin AJ February 7, 1845 no action Tyler 0
George Woodward Baldwin AJ December 23, 1845 rejected 20–29 January 22, 1846 Polk 30
Levi Woodbury[1] Story AJ December 23, 1845 confirmed voice vote January 31, 1846 Polk 39
Robert Cooper Grier Baldwin AJ August 3, 1846 confirmed voice vote August 4, 1846 Polk 1
Benjamin Robbins Curtis[1] Woodbury AJ December 11, 1851 confirmed voice vote December 20, 1851 Fillmore 9
Edward A. Bradford McKinley AJ August 16, 1852 no action Fillmore 0
George Edmund Badger McKinley AJ January 3, 1853 withdrawn February 14, 1853 Fillmore 42
William C. Micou McKinley AJ February 14, 1853 no action Fillmore 0
John Archibald Campbell McKinley AJ March 21, 1853 confirmed voice vote March 22, 1853 Pierce 1
Nathan Clifford Curtis AJ December 9, 1857 confirmed 26–23 January 12, 1858 Buchanan 34
Jeremiah S. Black Daniel AJ February 5, 1861 no action 25–26 February 21, 1861 Buchanan 16
Noah Haynes Swayne McLean AJ January 21, 1862 confirmed 38–1 January 24, 1862 Lincoln 3
Samuel Freeman Miller Daniel AJ July 16, 1862 confirmed voice vote July 16, 1862 Lincoln 0
David Davis Campbell AJ December 1, 1862 confirmed voice vote December 8, 1862 Lincoln 7
Stephen Johnson Field Inaugural AJ March 6, 1863 confirmed voice vote March 10, 1863 Lincoln 4
Salmon P. Chase Taney CJ December 6, 1864 confirmed voice vote December 6, 1864 Lincoln 0
Henry Stanbery Catron AJ April 16, 1866 no action A. Johnson 0
Ebenezer R. Hoar Inaugural AJ December 14, 1869 rejected 24–33 February 3, 1870 Grant 51
Edwin M. Stanton Grier AJ December 20, 1869 confirmed 46–11 December 20, 1869 Grant 0
William Strong Grier AJ February 7, 1870 confirmed February 18, 1870 Grant 11
Joseph P. Bradley Inaugural AJ February 7, 1870 confirmed 46–9 March 21, 1870 Grant 42
Ward Hunt Nelson AJ December 3, 1872 confirmed voice vote December 11, 1872 Grant 8
George Henry Williams Chase CJ December 1, 1873 withdrawn January 8, 1874 Grant 38
Caleb Cushing Chase CJ January 9, 1874 withdrawn January 13, 1874 Grant 4
Morrison Waite Chase CJ January 19, 1874 confirmed 63–0 January 21, 1874 Grant 2
John Marshall Harlan Davis AJ October 16, 1877 confirmed voice vote November 29, 1877 Hayes 44
William Burnham Woods Strong AJ December 15, 1880 confirmed 39–8 December 21, 1880 Hayes 6
Stanley Matthews Swayne AJ January 26, 1881 no action Hayes 0
Stanley Matthews Swayne AJ March 14, 1881 confirmed 24–23 May 12, 1881 Garfield 59
Horace Gray Clifford AJ December 19, 1881 confirmed 51–5 December 20, 1881 Arthur 1
Roscoe Conkling Hunt AJ February 24, 1882 declined 39–12 March 2, 1882 Arthur 6
Samuel Blatchford Hunt AJ March 13, 1882 confirmed voice vote March 22, 1882 Arthur 9
Lucius Quintus Cincinnatus Lamar Woods AJ December 6, 1887 confirmed 32–28 January 16, 1888 Cleveland 41
Melville Fuller Waite CJ April 30, 1888 confirmed 41–20 July 20, 1888 Cleveland 81
David Josiah Brewer Matthews AJ December 4, 1889 confirmed 53–11 December 18, 1889 B. Harrison 14
Henry Billings Brown Miller AJ December 23, 1890 confirmed voice vote December 29, 1890 B. Harrison 6
George Shiras, Jr. Bradley AJ July 19, 1892 confirmed voice vote July 26, 1892 B. Harrison 7
Howell Edmunds Jackson Lamar AJ February 2, 1893 confirmed voice vote February 18, 1893 B. Harrison 16
William Hornblower Blatchford AJ September 19, 1893 no action Cleveland 0
William Hornblower Blatchford AJ December 5, 1893 rejected 24–30 January 15, 1894 Cleveland 41
Wheeler Hazard Peckham Blatchford AJ January 22, 1894 rejected 32–41 February 16, 1894 Cleveland 25
Edward Douglass White Blatchford AJ February 19, 1894 confirmed voice vote February 19, 1894 Cleveland 0
Rufus Wheeler Peckham Jackson AJ December 3, 1895 confirmed voice vote December 9, 1895 Cleveland 6
Joseph McKenna Field AJ December 16, 1897 confirmed voice vote January 21, 1898 McKinley 36
Oliver Wendell Holmes, Jr.[1] Gray AJ December 2, 1902 confirmed voice vote December 4, 1902 T. Roosevelt 2
William R. Day Shiras AJ February 19, 1903 confirmed voice vote February 23, 1903 T. Roosevelt 4
William Henry Moody Brown AJ December 3, 1906 confirmed voice vote December 12, 1906 T. Roosevelt 9
Horace Harmon Lurton Peckham AJ December 13, 1909 confirmed voice vote December 20, 1909 Taft 7
Charles Evans Hughes Brewer AJ April 25, 1910 confirmed voice vote May 2, 1910 Taft 7
Edward Douglass White[2] Fuller CJ December 12, 1910 confirmed voice vote December 12, 1910 Taft 0
Willis Van Devanter White AJ December 12, 1910 confirmed voice vote December 15, 1910 Taft 3
Joseph Rucker Lamar Moody AJ December 12, 1910 confirmed voice vote December 15, 1910 Taft 3
Mahlon Pitney Harlan AJ February 19, 1912 confirmed 50–26 March 13, 1912 Taft 23
James Clark McReynolds Lurton AJ August 19, 1914 confirmed 44–6 August 29, 1914 Wilson 10
Louis Brandeis Lamar AJ January 28, 1916 confirmed 47–22 June 1, 1916 Wilson 125
John Hessin Clarke Hughes AJ July 14, 1916 confirmed voice vote July 24, 1916 Wilson 10
William Howard Taft White CJ June 30, 1921 confirmed voice vote June 30, 1921 Harding 0
George Sutherland Clarke AJ September 5, 1922 confirmed voice vote September 5, 1922 Harding 0
Pierce Butler Day AJ November 21, 1922 no action Harding 0
Pierce Butler Day AJ December 5, 1922 confirmed 61–8 December 21, 1922 Harding 16
Edward Terry Sanford Pitney AJ January 24, 1923 confirmed voice vote January 29, 1923 Harding 5
Harlan F. Stone McKenna AJ January 5, 1925 confirmed 71–6 February 5, 1925 Coolidge 31
Charles Evans Hughes Taft CJ February 3, 1930 confirmed 52–26 February 13, 1930 Hoover 10
John J. Parker Sanford AJ March 21, 1930 rejected 39–41 May 7, 1930 Hoover 47
Owen Roberts Sanford AJ May 9, 1930 confirmed voice vote May 20, 1930 Hoover 11
Benjamin N. Cardozo Holmes AJ February 15, 1932 confirmed voice vote February 24, 1932 Hoover 9
Hugo Black Van Devanter AJ August 12, 1937 confirmed 63–16 August 17, 1937 F. Roosevelt 5
Stanley Forman Reed Sutherland AJ January 15, 1938 confirmed voice vote January 25, 1938 F. Roosevelt 10
Felix Frankfurter Cardozo AJ January 5, 1939 confirmed voice vote January 17, 1939 F. Roosevelt 12
William O. Douglas Brandeis AJ March 20, 1939 confirmed 62–4 April 4, 1939 F. Roosevelt 15
Frank Murphy Butler AJ January 4, 1940 confirmed voice vote January 16, 1940 F. Roosevelt 14
Harlan F. Stone[2] Hughes CJ June 12, 1941 confirmed voice vote June 27, 1941 F. Roosevelt 15
James F. Byrnes McReynolds AJ June 12, 1941 confirmed voice vote June 12, 1941 F. Roosevelt 0
Robert H. Jackson Stone AJ June 12, 1941 confirmed voice vote July 7, 1941 F. Roosevelt 25
Wiley Blount Rutledge Byrnes AJ January 11, 1943 confirmed voice vote February 8, 1943 F. Roosevelt 28
Harold Hitz Burton Roberts AJ September 19, 1945 confirmed voice vote September 19, 1945 Truman 0
Fred M. Vinson Stone CJ June 6, 1946 confirmed voice vote June 20, 1946 Truman 14
Tom C. Clark Murphy AJ August 2, 1949 confirmed 73–8 August 18, 1949 Truman 16
Sherman Minton Rutledge AJ September 15, 1949 confirmed 48–16 October 4, 1949 Truman 19
Earl Warren[1] Vinson CJ January 11, 1954 confirmed voice vote March 1, 1954 Eisenhower 49
John Marshall Harlan II Jackson AJ November 9, 1954 no action Eisenhower 0
John Marshall Harlan II Jackson AJ January 10, 1955 confirmed 71–11 March 16, 1955 Eisenhower 65
William J. Brennan, Jr.[1] Minton AJ January 14, 1957 confirmed voice vote March 19, 1957 Eisenhower 64
Charles Evans Whittaker Reed AJ March 2, 1957 confirmed voice vote March 19, 1957 Eisenhower 17
Potter Stewart[1] Burton AJ January 17, 1959 confirmed 70–17 May 5, 1959 Eisenhower 108
Byron White Whittaker AJ April 3, 1962 confirmed voice vote April 11, 1962 Kennedy 8
Arthur Goldberg Frankfurter AJ August 31, 1962 confirmed voice vote September 25, 1962 Kennedy 25
Abe Fortas Goldberg AJ July 28, 1965 confirmed voice vote August 11, 1965 L. Johnson 14
Thurgood Marshall Clark AJ June 13, 1967 confirmed 69–11 August 30, 1967 L. Johnson 78
Abe Fortas[2] Warren CJ June 26, 1968 withdrawn October 4, 1968 L. Johnson 100
Homer Thornberry Fortas AJ June 26, 1968 no action L. Johnson 0
Warren E. Burger Warren CJ May 23, 1969 confirmed 74–3 June 9, 1969 Nixon 17
Clement Haynsworth Fortas AJ August 21, 1969 rejected 45–55 November 21, 1969 Nixon 92
Harold Carswell Fortas AJ January 19, 1970 rejected 45–51 April 8, 1970 Nixon 79
Harry Blackmun Fortas AJ April 15, 1970 confirmed 94–0 May 12, 1970 Nixon 27
Lewis F. Powell, Jr. Black AJ October 22, 1971 confirmed 89–1 December 6, 1971 Nixon 45
William Rehnquist Harlan AJ October 22, 1971 confirmed 68–26 December 10, 1971 Nixon 49
John Paul Stevens Douglas AJ November 28, 1975 confirmed 98–0 December 17, 1975 Ford 19
Sandra Day O'Connor Stewart AJ August 19, 1981 confirmed 99–0 September 21, 1981 Reagan 33
William Rehnquist[2] Burger CJ June 20, 1986 confirmed 65–33 September 17, 1986 Reagan 89
Antonin Scalia Rehnquist AJ June 24, 1986 confirmed 98–0 September 17, 1986 Reagan 85
Robert Bork Powell AJ July 1, 1987 rejected 42–58 October 23, 1987 Reagan 114
Anthony Kennedy Powell AJ November 30, 1987 confirmed 97–0 February 3, 1988 Reagan 65
David Souter Brennan AJ July 25, 1990 confirmed 90–9 October 2, 1990 G. H. W. Bush 69
Clarence Thomas Marshall AJ July 8, 1991 confirmed 52–48 October 15, 1991 G. H. W. Bush 99
Ruth Bader Ginsburg White AJ June 14, 1993 confirmed 96–3 August 3, 1993 Clinton 50
Stephen Breyer Blackmun AJ May 17, 1994 confirmed 87–9 July 29, 1994 Clinton 73
John Roberts O'Connor AJ July 29, 2005 withdrawn September 6, 2005 G. W. Bush 39
John Roberts Rehnquist CJ September 6, 2005 confirmed 78–22 September 29, 2005 G. W. Bush 23
Harriet Miers O'Connor AJ October 7, 2005 withdrawn October 28, 2005 G. W. Bush 21
Samuel Alito O'Connor AJ November 10, 2005 confirmed 58–42 January 31, 2006 G. W. Bush 82
Sonia Sotomayor Souter AJ June 1, 2009 confirmed 68–31 August 6, 2009 Obama 66
Elena Kagan Stevens AJ May 10, 2010 confirmed 63 –37[1] August 5, 2010 Obama 87

References

  1. Litvan, Laura (August 6, 2010). "Kagan to Be Sworn in Saturday as 112th Court Justice". Bloomberg.

Notes

  1. ^ a b c d e f g h Nominee was serving on the Court under a recess appointment when the nomination was made.
  2. ^ a b c d Nominee was a sitting associate justice who was nominated to the Chief Justiceship.
  3. ^ On June 15, 1844, a move was made to table the nomination. The tally of 27–20 is the result of that motion. The nomination was subsequently withdrawn on June 17.
  4. ^ On this date a motion was made to consider the nomination, but the motion died without a vote when an objection was made.
  5. ^ The Senate never considered his nomination. A motion to consider it was rejected by the listed 25-26 vote.
  6. ^ Stanton was confirmed, but died before he could take office.

References

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