Warm Southern Breeze

"… there is no such thing as nothing."

SCOTUS Fun Facts!

Posted by Warm Southern Breeze on Wednesday, October 28, 2020

Merrick Garland was nominated to the Supreme Court by President Barack Obama in March 2016. The Senate never voted on his nomination.

Led by Republican Senate Majority Leader “Moscow Mitch” McConnell, the Senate took no action on POTUS Barack Obama’s nominee Merrick B. Garland on March 16, 2016.

The last time the Senate had NOT considered a SCOTUS nominee was 61 years 4 months 8 days prior with Harlan Johnson, who was nominated by Dwight D. Eisenhower on November 9, 1954.

The first nominee to have NO ACTION taken upon his nomination was…
1.) Reuben Walworth, who was nominated June 17, 1844 by John Tyler, a Whig.
2.) John Read was nominated February 7, 1845 by John Tyler, a Whig.

3.) Edward Bradford was nominated August 16, 1852 by Millard Fillmore, a Whig.
4.) William Micou was nominated February 14, 1853 by Millard Fillmore, a Whig.

5.) Henry Stanbery was nominated April 16, 1866 by President Andrew Johnson, a Democrat.
6.) Stanley Matthews was nominated January 26, 1881 by Rutherford B. Hayes, a Whig-then-Republican.
7.) William Hornblower was nominated September 19, 1893 by Grover Cleveland, a Democrat.

60 years 9 months 30 days passes.

8.) Pierce Butler, who was nominated November 21, 1922 by Warren G. Harding, a Republican, was not considered.

31 years 11 months 20 days passes…

9.) Harlan Johnson was nominated by Dwight D. Eisenhower, a Republican, November 9, 1954.

61 years 4 months 8 days later…

10.) Merrick B. Garland was nominated by Barack Obama, a Democrat, March 16, 2016.

No Action Taken SCOTUS Nominees

# Nominee POTUS Date Nominated
1 Reuben Walworth John Tyler June 17, 1844
2 John Read John Tyler February 7, 1845
3 Edward Bradford Millard Fillmore August 16, 1852
4 William Micou Millard Fillmore February 14, 1853
5 Henry Stanbery Andrew Johnson April 16, 1866
6 Stanley Matthews Rutherford B. Hayes January 26, 1881
7 William Hornblower Grover Cleveland September 19, 1893
8 Pierce Butler Warren G. Hardin November 21, 1922
9 Harlan Johnson Eisenhower November 9, 1954
10 Merrick B. Garland Barack Obama March 16, 2016

Shortest Confirmations
V=Voice Vote; All nominees confirmed

Shortest Confirmation SCOTUS Nominees

# Nominee POTUS Nominated Confirmed Time Elapsed To Replace Vote
1 William Paterson Washington March 4, 1793 March 4, 1793 1 day Johnson V
2 Samuel Miller Lincoln July 16, 1862 July 16, 1862 1 day Daniel V
3 Salmon Chase Lincoln December 6, 1864 Deember 6, 1864 1 day Taney V
4 Edwin Stanton Grant December 20, 1869 December 20, 1869 1 day Grier 46-11
5 James Byrnes FDR June 12, 1941 June 12, 1941 1 day McReynolds V
6 Oliver Ellsworth Washington March 3, 1796 March 4, 1796 2 days Jay 21-1
7 Robert Grier Fillmore August 3, 1846 August 4, 1846 2 days Baldwin V
8 Horace Gray Arthur December 19, 1881 December 20, 1881 2 days Clifford 51-5
9 John Blair Washington September 24, 1789 September 26, 1789 3 days initial start V
10 William Cushing Washington September 24, 1789 September 26, 1789 3 days initial start V
11 James Iredell Washington February, 8 1790 February 10, 1790 3 days Harrison V
12 Morrison Waite Grant January 19, 1874 January 21, 1874 3 days Chase 63-0
13 Hugo Black FDR August 12, 1937 August 17, 1937 6 days Van Devanter 63-16
14 Henry Brown Harrison December 23, 1890 December 29, 1890 7 days Miller V
15 Rufus Peckham Jackson December 3, 1895 December 9, 1895 7 days Jackson V
16 George Shiras, Jr. Harrison July 19, 1892 July 26, 1892 8 days Bradley V
17 Ward Hunt Grant December 3, 1872 December 11, 1872 9 days Nelson V
18 Samuel Blatchford Arthur March 13, 1882 March 22, 1882 10 days Hunt V
19 Benjamin Cardozo Hoover February 15, 1932 Feburary 24, 1932 10 days Holmes V
20 Charles Hughes Hoover Feburary 3, 1930 February 13, 1930 11 days Taft 52-26
21 Stanley Reed FDR Jaunury 15, 1938 January 25, 1938 11 days Sutherland V
22 Owen Roberts Hoover May 9, 1930 May 20, 1930 12 days Sanford V
23 Felix Frankfurter FDR January 5, 1939 January 17, 1939 13 days Cardozo V
24 Frank Murphy FDR January 4, 1940 January 16, 1940 13 days Butler V
25 David Brewer Harrison December 4, 1889 December 18, 1889 16 days Matthews 53-11
26 William Douglas FDR March 20, 1939 April 4, 1939 16 days Brandeis 62-4
27 Harlan Stone FDR June 12, 1941 Jun 27, 1941 16 days Hughes V
28 Howell Jackson Harrison February 2, 1893 February 18, 1893 17 days Lamar V
29 Robert Jackson FDR June 12, 1941 July 7, 1941 26 days Stone V
30 Wiley Rutledge FDR January 11, 1943 February 8, 1943 29 days Byrnes V

data from United States Senate
Supreme Court Nominations (1789-Present)
https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm

There have been 164 nominations to the Court, including those for Chief Justice, of which 127 were confirmed, with 7 who declined to serve following confirmation.

V = Voice Vote
120 nominees were Confirmed and served.
7 of 127 Nominees were confirmed but Declined to serve.
10 had No Action taken upon their nomination.
3 nominees were Postponed.
12 nominees were Rejected.
12 nominees were Withdrawn.

In this list of 30 nominees none were 30 days, or over, from time of nomination to confirmation, and represents 23.62% of all confirmed nominees. Of the 120 who served, it represents 25%.

Of the 30 in this list, there were 8 counted votes for confirmation, or 26.66%; conversely, 73.33% were confirmed on a Voice vote.

Of the 30 in this list, 5 (16.66%) were nominated and confirmed the same day.

Of the 30 in this list, 17 (56.66%) were nominated and confirmed in less than 10 days, while 19 (63.33%) were nominated and confirmed in 10 days, or less.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

 
%d bloggers like this: