George Harrold Carswell (December 22, 1919 – July 13, 1992) was a

United States circuit judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...

of the

United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...

and a United States district judge of the United States District Court for the Northern District of Florida. He was also an unsuccessful nominee to the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

in 1970.

Education and career

Carswell was born in Irwinton, Wilkinson County,

Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...

. He graduated from Duke University with an Artium Baccalaureus degree in 1941 and briefly attended the

University of Georgia School of Law The University of Georgia School of Law (Georgia Law) is the law school of the University of Georgia, a public research university in Athens, Georgia. It was founded in 1859, making it among the oldest American university law schools in continuous ...

before joining the

United States Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...

at the beginning of

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...

. Carswell did six months of postgraduate work at the

United States Naval Academy The United States Naval Academy (US Naval Academy, USNA, or Navy) is a federal service academy in Annapolis, Maryland. It was established on 10 October 1845 during the tenure of George Bancroft as Secretary of the Navy. The Naval Academy ...

and served in the Pacific aboard the heavy cruiser as a

lieutenant A lieutenant ( , ; abbreviated Lt., Lt, LT, Lieut and similar) is a commissioned officer rank in the armed forces of many nations. The meaning of lieutenant differs in different militaries (see comparative military ranks), but it is often ...

in the

United States Naval Reserve The United States Navy Reserve (USNR), known as the United States Naval Reserve from 1915 to 2005, is the Reserve Component (RC) of the United States Navy. Members of the Navy Reserve, called Reservists, are categorized as being in either the Se ...

; he was discharged in 1945 (when the war ended). Carswell graduated with a

Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Ch ...

from the Walter F. George School of Law at

Mercer University Mercer University is a private research university with its main campus in Macon, Georgia. Founded in 1833 as Mercer Institute and gaining university status in 1837, it is the oldest private university in the state and enrolls more than 9,000 s ...

in 1948.

Griffin Bell Griffin Boyette Bell (October 31, 1918 – January 5, 2009) was the 72nd Attorney General of the United States, having served under President Jimmy Carter. Previously, he was a U.S. circuit judge of the United States Court of Appeals for the Fift ...

, 72nd Attorney General of the United States, was one of Carswell's classmates at Mercer. Carswell unsuccessfully ran for a seat in the Georgia legislature in the fall of 1948. He then moved to

Tallahassee Tallahassee ( ) is the capital city of the U.S. state of Florida. It is the county seat and only incorporated municipality in Leon County. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In 2020, the population ...

Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...

, where he worked as a private attorney from 1948 to 1953. In 1953, he was appointed

United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...

for the Northern District of Florida by President

Dwight D. Eisenhower Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...

; Carswell served in this position until 1958.

Personal life

Carswell married his wife Virginia (née Simmons) in 1944.

Federal judicial service

Carswell was nominated by President

on March 6, 1958, to a seat on the United States District Court for the Northern District of Florida vacated by Judge Dozier A. DeVane. He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

on March 31, 1958, and received his commission on April 10, 1958. He served as Chief Judge from 1958 to 1969. His service terminated on June 27, 1969, due to his elevation to the Fifth Circuit. Carswell was nominated by President

Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...

on May 12, 1969, to the

, to a new seat authorized by 82 Stat. 184. He was confirmed by the Senate on June 19, 1969, and received his commission on June 20, 1969. His service terminated on April 20, 1970, due to his resignation.

Supreme Court nomination

On January 19, 1970, President Nixon nominated Carswell to be an

associate justice Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some sta ...

of the

to replace

Abe Fortas Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from R ...

, who had resigned in May 1969. Nixon had earlier nominated

Clement Haynsworth Clement Furman Haynsworth Jr. (October 30, 1912 – November 22, 1989) was a United States circuit judge of the United States Court of Appeals for the Fourth Circuit. He was also an unsuccessful nominee for the United States Supreme Court in 1969 ...

to succeed Fortas, but the nomination was rejected by the U.S. Senate. The

Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations ...

opened hearings on the nomination eight days after Nixon made the announcement; and the president anticipated that the nomination would proceed smoothly. Before they began, however, the press uncovered a speech delivered by Carswell during his unsuccessful Georgia legislative bid in 1948 that espoused the principles of

white supremacy White supremacy or white supremacism is the belief that white people are superior to those of other races and thus should dominate them. The belief favors the maintenance and defense of any power and privilege held by white people. White s ...

. In the August 2, 1948 speech to the American Legion chapter at Gordon, Georgia, he said: When the story broke, Carswell said "specifically and categorically, I

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