During his two terms in office,
President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
* President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ...
Harry S. Truman
Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
appointed four members of the
Supreme Court of the United States:
Chief Justice Fred M. Vinson,
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 ...
Harold Burton Harold Burton may refer to:
* Harold H. Burton (1888–1964), mayor of Cleveland, Ohio, member of the United States Senate and Associate Justice of the Supreme Court of the United States
* Harold W. Burton
Harold William Burton (October 23, 188 ...
,
Associate Justice Tom C. Clark, and
Associate Justice Sherman Minton.
Harold Burton nomination
When Supreme Court Associate Justice
Owen J. Roberts retired in 1945, Truman decided to appoint a
Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
as a bipartisan gesture. Truman had first met
Harold Hitz Burton
Harold Hitz Burton (June 22, 1888 – October 28, 1964) was an American politician and lawyer. He served as the 45th mayor of Cleveland, Ohio, as a U.S. Senator from Ohio, and as an Associate Justice of the Supreme Court of the United Sta ...
in 1941, when Burton was elected to 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 ...
, where Truman was then serving. Burton served with Truman on the Senate investigative committee that oversaw the U.S. war effort during
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 ...
, and the two got along well.
On September 19, 1945, Truman nominated Burton, who was unanimously 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 the same day by
voice vote
In parliamentary procedure, a voice vote (from the Latin ''viva voce'', meaning "live voice") or acclamation is a voting method in deliberative assemblies (such as legislatures) in which a group vote is taken on a topic or motion by responding vo ...
, without hearing or debate.
[Supreme Court Nominations, 1789–present]
''senate.gov''.
Fred Vinson nomination
Chief Justice Harlan Fiske Stone
Harlan is a given name and a surname which may refer to:
Surname
* Bob Harlan (born 1936 Robert E. Harlan), American football executive
*Bruce Harlan (1926–1959), American Olympic diver
*Byron B. Harlan (1886–1949), American politician
* Byron ...
died in office on April 2, 1946. Rumors that Truman would appoint
Robert H. Jackson as Stone's successor led several newspapers to investigate and report on a controversy between Justice Jackson and Justice
Hugo Black arising from Black's refusal to recuse himself in ''Jewell Ridge Coal Corp. v. Local 6167, United Mine Workers'' (1945).
[John M. Ferren, ''Salt of the Earth, Conscience of the Court'' (UNC Press) p. 325.] Black and Douglas allegedly leaked to newspapers that they would resign if Jackson were appointed Chief Justice.
[ On June 6, 1946, Truman nominated Fred M. Vinson, an old friend, as Stone's replacement. Vinson 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 June 20, 1946 by voice vote.[
]
Tom Clark nomination
The next vacancy occurred with the death of Justice Frank Murphy
William Francis Murphy (April 13, 1890July 19, 1949) was an American politician, lawyer and jurist from Michigan. He was a Democrat who was named to the Supreme Court of the United States in 1940 after a political career that included serving ...
on July 19, 1949. On August 2, 1949, Truman nominated Attorney General Tom C. Clark. ''The New York Times'' called Clark "a personal and political friend f Truman'swith no judicial experience and few demonstrated qualifications." Clark had held various position in the Justice Department during the Roosevelt Administration, and had met and become good friends with Truman during that time; when Truman became President, one of his first acts was to appoint Clark as Attorney General. After playing an active role in the effort to reelect Truman in 1948, Clark made clear to the White House that he was planning to return to Texas and the practice of law. Following Justice Murphy's sudden death, however, Truman nominated Clark to fill the vacancy, partly to bolster the majority of Chief Justice Fred Vinson
Frederick "Fred" Moore Vinson (January 22, 1890 – September 8, 1953) was an American attorney and politician who served as the 13th chief justice of the United States from 1946 until his death in 1953. Vinson was one of the few Americans to ...
, a former cabinet colleague and friend of Clark who, since his 1946 appointment by Truman, had failed to unify the Court.
Numerous attacks from across the political spectrum were leveled at the nomination. Allegations included charges of “cronyism” and a lack of judicial experience. Policy objections focused on Clark's work at the center of Truman’s anti-communist agenda and, specifically, the Attorney General’s List of Subversive Organizations. Former Roosevelt cabinet members Henry Wallace and Harold Ickes also leveled broadsides, for both personal and ideological reasons. Ickes said about Clark's nomination to the Court, "President Truman has not 'elevated' Tom C. Clark to the Supreme Court, he has degraded the Court." Nevertheless, Clark 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 August 18, 1949 by a vote of 73–8.[
]
Sherman Minton nomination
Truman's final opportunity to shape the Court came with the death of Wiley Blount Rutledge
Wiley Blount Rutledge Jr. (July 20, 1894 – September 10, 1949) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1943 to 1949. The ninth and final justice appointed by President Frankli ...
, also in 1949. Sherman Minton
Sherman "Shay" Minton (October 20, 1890 – April 9, 1965) was an American politician and jurist who served as a U.S. senator from Indiana and later became an associate justice of the Supreme Court of the United States; he was a member of the ...
had previously served alongside Truman in the United States Senate, where the two had developed a close friendship. After Minton's 1940 Senate re-election bid had failed, President Roosevelt appointed him as a federal judge to the United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts:
* Central District of Illinois
* Northern District of ...
. On September 15, 1949, Truman nominated Minton to the Supreme Court, and the nomination 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 October 4, 1949 by a vote of 48–16.[
]
Names mentioned
Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Truman for a Supreme Court appointment:
United States Supreme Court (elevation to Chief Justice)
* Robert H. Jackson (1892–1954)
United States Courts of Appeals
* Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a United States federal court, federal court with appellate jurisdiction over the United States district court, district courts in the following United St ...
**Peter Woodbury
Peter Woodbury (October 24, 1899 – November 17, 1970) was a United States circuit judge of the United States Court of Appeals for the First Circuit.
Biography
Woodbury was born in Bedford, New Hampshire. He received a Bachelor of Science degr ...
(1899–1970)[
* ]Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juris ...
** Harrie B. Chase (1889–1969)[
* ]Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:
* District of Delaware
* District of New Jersey
* E ...
** Herbert F. Goodrich (1889–1962)[
* ]Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* Eastern District of Kentucky
* Western District of ...
** Florence E. Allen (1884–1966)
* Court of Appeals for the Seventh Circuit
**Sherman Minton
Sherman "Shay" Minton (October 20, 1890 – April 9, 1965) was an American politician and jurist who served as a U.S. senator from Indiana and later became an associate justice of the Supreme Court of the United States; he was a member of the ...
(1890–1965) — Former Senator from Indiana (nominated and confirmed)[
* Court of Appeals for the Tenth Circuit
** Sam G. Bratton (1888–1963)][
** Orie L. Phillips (1885–1974)][
NOTE: At the time of Truman's presidency, the states of the Eleventh Circuit were part of the Fifth Circuit. The Eleventh Circuit was not created until 1981.
]
United States District Courts
* John W. Delehant (1890–1972) — Judge, United States District Court for the District of Nebraska
The United States District Court for the District of Nebraska (in case citations, D. Neb.) is the federal district court whose jurisdiction is the state of Nebraska. Court offices are in Omaha and Lincoln.
Appeals from the District of Nebraska ...
[
* Raymond W. Starr (1888–1968) — Judge, ][
]
State Supreme Courts
* Paul Farthing
Paul Farthing (April 12, 1887 – December 2, 1976) was an American jurist.
Born in Odin, Illinois, Farthing was blinded in a hunting accident when he was twelve years old. Farthing went to the Illinois School for the Blind. He then received h ...
(1887–1976) — Chief Justice, Illinois Supreme Court[
]
Executive Branch officials
* Tom C. Clark (1899–1977) — United States Attorney General
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
(nominated and confirmed)[
* Charles H. Fahy (1892–1979) — Former ]United States Solicitor General
The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021.
The United States solicitor general represent ...
under Roosevelt[
* ]Robert P. Patterson
Robert Porter Patterson Sr. (February 12, 1891 – January 22, 1952) was an American judge who served as United States Under Secretary of War, Under Secretary of War under President Franklin D. Roosevelt and US Secretary of War, U.S. Secretary of ...
(1891–1952) — United States Secretary of War
The secretary of war was a member of the U.S. president's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War", had been appointed to serve the Congress of the ...
[
* Lewis B. Schwellenbach (1894–1948) — ]United States Secretary of Labor
The United States Secretary of Labor is a member of the Cabinet of the United States, and as the head of the United States Department of Labor, controls the department, and enforces and suggests laws involving unions, the workplace, and all ot ...
[
* Fred M. Vinson (1890–1953) — ]United States Secretary of the Treasury
The United States secretary of the treasury is the head of the United States Department of the Treasury, and is the chief financial officer of the federal government of the United States. The secretary of the treasury serves as the principal a ...
(nominated and confirmed)[
]
United States Senators
* Harold H. Burton (1888–1964) — Senator from Ohio (nominated and confirmed)[
* J. Howard McGrath (1903–1966) — Senator from Rhode Island][
]
Other backgrounds
* Joseph B. Keenan (1888–1954) — Chief Prosecutor, Tokyo War Crimes Tribunal
The International Military Tribunal for the Far East (IMTFE), also known as the Tokyo Trial or the Tokyo War Crimes Tribunal, was a military trial convened on April 29, 1946 to try leaders of the Empire of Japan for crimes against peace, conv ...
[
]
See also
* United States federal 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. ...
* Judicial appointment history for United States federal courts
The appointment of federal judges for United States federal courts is done via nomination by the President of the United States and confirmation by the United States Senate. The tables below provide the composition of all Article III courts which i ...
References
Further reading
* Mimi Clark Gronlund, "A Controversial Appointment." ''Supreme Court Justice Tom C. Clark'' (University of Texas Press, 2021) pp. 137-146.
{{DEFAULTSORT:Truman, Harry S., Supreme Court Candidates
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