1) Robert Harrison, nominated (and confirmed by voice vote) as an Associate Justice to the original Court by President Washington in September, 1789. He declined to serve.
2) William Paterson, nominated as an Associate Justice by President Washington in February 1793. His nomination was withdrawn one day after it was initially made. He was then re-nominated the next month and confirmed two days later by voice vote.
3) John Rutledge (formerly an Associate Justice), was nominated in a recess appointment as Chief Justice by President Washington in July 1795. His confirmation was rejected in December 1795 by a vote of 10-14 and he resigned. Opposition was centered on his denunciation of the Jay Treaty, and questions regarding his sanity. He served one term as Chief Justice.
4) William Cushing (a sitting Associate Justice), was nominated as Chief Justice by President Washington in January 1796. He was confirmed by the Senate, and sat for two days as the Chief Justice. He then resigned citing reasons of health, and returned to his seat as an Associate Justice. He is officially listed as declining the nomination.
5) John Jay (formerly Chief Justice), was nominated as Chief Justice by President John Adam in December 1800. He declined the nomination.
6) Levi Lincoln, Sr., was nominated as an Associate Justice by President Madison in January 1811. He declined.
7) Alexander Wolcott, was nominated as an Associate Justice by President Madison in February 1811. He was rejected 9-24, largely due to his earlier actions as a customs inspector.
8) John Quincy Adams, was nominated as an Associate Justice by President Madison in February 1811. He declined, and later went on to serve as President and a member of the House of Representatives. (nearly becoming the first person to serve in all three branches of the federal government)
9) John J. Crittenden, was nominated as an Associate Justice by President John Quincy Adams in Dec. 1828. His was the first nomination to last more than a couple of weeks before the Senate either confirmed or rejected. His nomination was postponed by a vote of 23-17 in February 1829, probably due to the fact that President Jackson (a political foe) was due to assume office the next month. It should also be noted that Crittenden served in the Senate both before and after his nomination, which might explain why his nomination was not rejected outright.
10) Roger B. Taney, was nominated as an Associate Justice by President Jackson in January 1835. His nomination was postponed by a vote of 24-21 in March of 1835. He was then nominated as Chief Justice in December 1835, and confirmed 29-15 in March of 1836.
11) William Smith, was nominated as an Associate Justice by President Jackson in March 1837, and confirmed 23-18. He declined the seat.
12) John Canfield Spencer, was first nominated as an Associate Justice by President Tyler in January 1844. He was rejected 21-26.
13) Reuben Walworth, was first nominated as an Associate Justice by President Tyler in March of 1844. His nomination was tabled by the Senate on a vote of 27-20 in June 1844, and then withdrawn.
14) Edward King, was first nominated as an Associate Justice by President Tyler in June of 1884. The Senate almost immediately postponed consideration on a vote of 29-18.
15) John Canfield Spencer, was again nominated as an Associate Justice by President Tyler on June 17, 1844, but the nomination was withdrawn on the same day.
16) Reuben Walworth, was nominated as an Associate Justice for the second time by President Tyler on June 17, 1844, but the Senate took no action on it.
17) Edward King, was again nominated as an Associate Justice by President Tyler in December 1844. His nomination was withdrawn in February 1845.
18) Reuben Walworth, was nominated as an Associate Justice for the third time by President Tyler in December 0f 1844. His nomination was withdrawn in February of 1845.
19) John M. Read, was nominated as an Associate Justice by President Tyler in February 1845. The senate took no action it. (Probably because a new administration was due to begin the next month)
In a period lasting a little over a year from January 1844 to February 1845, President Tyler nominated five men a total of nine times, and only one, Samuel Nelson, was confirmed.
20) George Woodward, was nominated as an Associate Justice by President Polk in December 1845. He was rejected by the Senate on a vote of 20-29 in January 1846.
21) Edward Bradford, was nominated as an Associate Justice by President Fillmore in August of 1852. The Senate never acted on the nomination.
22) George Edmund Badger, was nominated as an Associate Justice by President Fillmore in January 1853. The nomination was withdrawn in February 1853. He was serving in the Senate during the period of his nomination.
23) William Micou, was nominated as an Associate Justice by President Fillmore in February 1853. The nomination was not acted on, probably because a new administration would take office a month later.
24) Jeremiah S. Black, was nominated as an Associate Justice by President Buchanan in February 1861. The Senate refused to act on his nomination on a vote of 25-26. A new administration would enter office a month later.
25) Henry Stanberry, was nominated as an Associate Justice by President Andrew Johnson in April 1866. The Senate never officially acted on the nomination. However they did eliminate the seat on the Supreme Court he was nominated for.
26) Ebenezer R. Hoar, was nominated as an Associate Justice by President Grant in December 1869. He was rejected by the senate on a vote of 24-33 in February 1870.
27) George Henry Williams, was nominated as Chief Justice by President Grant in December 1873. The nomination was withdrawn in January of 1874.
28) Caleb Cushing, was nominated as Chief Justice by President Grant in January 1874. His nomination was withdrawn a week later.
29) Thomas Stanley Matthews, was nominated as an Associate Justice by President Hayes in January 1881. The Senate took no action. He was renominated later that year by President Garfield and confirmed.
30) Roscoe Conkling, was nominated as an Associate Justice by President Arthur in February 1882. He declined.
31) William Hornblower, was first nominated as an Associate Justice by President Cleveland in Sept. 1893. The Senate took no action.
32) William Hornblower was again nominated as an Associate Justice by President Cleveland in December 1893. He was rejected 24-30 in January 1894.
33) Wheeler Hazard Peckham, was nominated as an Associate Justice by President Cleveland in January 1894. The Senate rejected him 32-41 in February 1894.
Hornblower and Peckham were victims of a Democratic party political rivalry between Pres. Cleveland and Sen. David Hill. Peckham's brother would be later nominated and serve.
34) Pierce Butler, was nominated as an Associate Justice by President Harding in November 1922. The Senate took no action. He was renominated a month later and confirmed.
35) John J. Parker, was nominated as an Associate Justice by President Hoover in March 1930. He was rejected by the Senate 39-41, in May, 1930. He was opposed by labor unions and the NAACP.
36) John Marshall Harlan II, was nominated as an Associate Justice by President Eisenhower in November 1954. The Senate failed to act. He was renominated by President Eisenhower in January 1955 and confirmed.
37) Abe Fortas (a sitting Associate Justice), was nominated as Chief Justice by President Lyndon Johnson in June 1968. The nomination was withdrawn in October 1968.
38) Homer Thornberry, was nominated as an Associate Justice by President Lyndon Johnson in June 1968. The senate never acted, because the seat he was nominated for was not vacated by Associate Justice Fortas.
39) Clement Haynsworth, was nominated as an Associate Justice by President Nixon in August 1969. He was rejected by the Senate 45-55, in November of 1969. He was opposed by liberals and the NAACP.
40) Harold Carswell, was nominated as an Associate Justice by President Nixon in January 1970. He was rejected by the Senate 45-51, in April 1970. He faced charges of promoting segregation.
41) Robert Bork, was nominated as an Associate Justice by President Ronald Reagan in July 1987. He was rejected by the Senate 42-58 in October 1987. He was opposed by the ACLU and abortion rights organizations.
42) John Roberts, was nominated as an Associate Justice by President G.W. Bush in July 2005. His nomination was withdrawn in September 2005. He was immediately renominated as Chief Justice and confirmed.
43) Harriet Miers, was nominated as an Associate Justice by President G.W. Bush in Oct. 2005. Her nomination was withdrawn later that month. She was opposed mainly by conservatives within her own party who were worried she would turn liberal as other Republican nominees have done.
So, of the 43 failed nominations:
7 nominees declined. (one of them continued to serve as an Associate Justice, one had formerly served as chief Justice) The last time a nominee declined was in 1882.
11 nominees were withdrawn. ( two were later renominated and served, one was later renominated and didn't serve, one withdrew from Chief Justice, but continued to serve as an Associate Justice)
11 nominees were rejected by the Senate. (one served a single term as a recess appointment, one was later renominated)
3 nominees were postponed. (one was later renominated and served, one was later renominated and didn't serve)
The Senate took no action on 11 nominees. (two were later renominated and didn't serve, three were later renominated and served)
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