List of nominations to the Supreme Court of the United States

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Under Article III of the United States Constitution, the Supreme Court of the United States is the highest federal court of the United States. The court, established in 1789, has appellate jurisdiction over all federal courts, as well as appellate jurisdiction over state court cases involving issues of federal law. Since the passage of the Judiciary Act of 1869, the court has consisted of the Chief Justice of the United States and eight Associate Justices, although Congress can, by law, change the number of Associate Justices. The Advice and Consent Clause of Article II of the Constitution establishes that individuals join the court after nomination by the President of the United States and confirmation by the United States Senate. Article III establishes that Justices serve lifetime tenures on "good behavior," and no Supreme Court Justice has ever left the court except by death, resignation, or retirement, although Congress did attempt to impeach one Justice in 1804. The Constitution does not establish qualifications regarding age or experience for Supreme Court nominees, but since World War II all nominees have possessed a law degree and many have had previous experience serving on an appellate court.

The lifetime tenure, power, and political independence of the judiciary occasionally make nominees quite controversial, and some nominees have failed to win confirmation from the Senate. As of 2016, there have been 161 formal nominations, 124 confirmations (including elevations to Chief Justice and instances where the nominee did not serve), and 112 Supreme Court justices.^[1] 39 of the 43 presidents have appointed at least one Supreme Court Justice. George Washington appointed the most Supreme Court Justices (11), followed by Franklin D. Roosevelt (9, including the elevation of one Associate Justice) and Andrew Jackson (6). The table that follows lists Presidential nominees who had been referred for the “advice and consent” of the Senate, in chronological order by date of nomination.

Only nominations which have been formally sent to the Senate are listed; potential nominations which were withdrawn prior to formal submission to the Senate are not listed (including that of Douglas H. Ginsburg). When a President nominates an individual to the Supreme Court, he informs the Senate of the nomination via a letter. The “Date of Submission to Senate” is the date of that letter. When the Senate voted on the nominee, the "vote" column shows the result of that vote (which is not necessarily the confirmation vote); "voice" indicates that the Senate passed the vote in a voice vote, and no vote tally was recorded.

The "Result" section has seven possibilities:

• "confirmed"—for nominees who were confirmed and accepted confirmation. This includes one nominee (Edwin Stanton) who died after confirmation but before taking his seat.
• "declined"—for nominees who declined nomination. This includes nominees who were confirmed by the Senate but declined to serve.
• "pending"—for nominees pending before the current session of the Senate.
• "withdrawn"—for nominees who withdrew prior to a confirmation vote.
• "no action"—for cases in which the Senate session ended without the nomination being brought to the floor for consideration.
• "postponed"—for nominees in which a vote was taken to defer consideration of the nominee, but no confirmation vote took place. In this case, the "date of result" is the date of the vote to postpone.
• "rejected"—for nominees who lost their confirmation vote.

Nominations

See also

• List of Presidents of the United States by judicial appointments
• List of Justices of the Supreme Court of the United States

References

Notes

1. ^ William Henry Harrison, Zachary Taylor, and Jimmy Carter did not have an opportunity to appoint a Supreme Court Justice. Andrew Johnson's lone nominee was not confirmed by the Senate.
2. ^ ^{a b c d e f g h} Nominee was serving on the Court under a recess appointment when the nomination was made.
3. ^ ^{a b c d} Nominee was a sitting associate justice who was nominated to the Chief Justiceship.
4. ^ 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.
5. ^ On this date a motion was made to consider the nomination, but the motion died without a vote when an objection was made.
6. ^ The Senate never considered his nomination. A motion to consider it was rejected by the listed 25–26 vote.
7. ^ The Judicial Circuits Act of 1866 abolished the 7th seat on its passage on July 23, 1866. It also abolished the 5th seat on the death of James Moore Wayne on July 5, 1867.
8. ^ Stanton was confirmed, but died before he could take office.
9. ^ The letter submitting Black's nomination to the Senate was undated.

External links

• "Supreme Court Nominations: Senate Floor Procedure and Practice, 1789-2011" (PDF). Federation of American Scientists. Congressional Research Service. Retrieved March 16, 2016. 
• "Supreme Court Appointment Process: President's Selection of a Nominee" (PDF). Federation of American Scientists. Congressional Research Service. Retrieved 1 May 2016. 

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