Supreme Court Nominations Not Confirmed, 1789-2009

Henry B. Hogue
Analyst in American National Government

On May 10, 2010, President Barack Obama submitted a nomination to fill the vacancy to be left by Justice John Paul Stevens's retirement. Prior to this, from 1789 through 2009, Presidents had submitted 159 nominations to Supreme Court positions. Of these, 36 were not confirmed by the Senate. The 36 nominations represent 31 individuals whose names were sent forward to the Senate by Presidents (some individuals were nominated more than once). Of the 31 individuals who were not confirmed the first time they were nominated, however, six 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. 

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.


Date of Report: May 11, 2010
Number of Pages: 29
Order Number: RL31171
Price: $29.95

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