Supreme Court Nominations Not Confirmed, 1789-August 2010 (CRS Report for Congress)
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| Release Date |
Revised Aug. 20, 2010 |
| Report Number |
RL31171 |
| Report Type |
Report |
| Authors |
Henry B. Hogue, Analyst in American National Government |
| Source Agency |
Congressional Research Service |
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Summary:
On May 10, 2010, President Barack Obama submitted a nomination to fill the vacancy to be leftby Justice John Paul Stevens's retirement. Prior to this, from 1789 through 2009, Presidents hadsubmitted 159 nominations to Supreme Court positions. Of these, 36 were not confirmed by theSenate. The 36 nominations represent 31 individuals whose names were sent forward to theSenate by Presidents (some individuals were nominated more than once). Of the 31 individualswho were not confirmed the first time they were nominated, however, six were later nominatedagain and confirmed. The Supreme Court nominations discussed here were not confirmed for avariety of reasons, including Senate opposition to the nominating President, nominee's views, orincumbent Court; senatorial courtesy; perceived political unreliability of the nominee; perceivedlack of ability; interest group opposition; and fear of altering the balance of the Court. The SenateCommittee on the Judiciary has played an important role in the confirmation process, particularlysince 1868.All but the most recent of these nominations have been the subject of extensive legal, historical,and political science writing, a selected list of which is included in this report.This report will be updated as warranted by events.
