Supreme Court Nominations Not Confirmed, 1789-2004

Publication Date: March 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice

Type:

Abstract:

Of the 154 nominations to the U.S. Supreme Court between 1789 and 2004, 34 were not confirmed by the Senate. The 34 nominations represent 29 individuals whose names were sent forward to the Senate by Presidents (some individuals were nominated more than once). Of the 29 individuals who failed to be confirmed the first time they were nominated, however, five were later nominated again and confirmed. The Supreme Court nominations discussed here were not confirmed for a variety of reasons, including Senate opposition to the nominating President, nominee's views, or incumbent Court; senatorial courtesy; perceived political unreliability of the nominee; perceived lack of ability; interest group opposition; and fear of altering the balance of the Court. The Senate Committee on the Judiciary has played an important role in the confirmation process, particularly since 1868.

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 in the event of a Supreme Court vacancy.