During his twelve years 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 ...

Franklin D. Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...

appointed eight new members of the Supreme Court of the United States:

Associate Justices 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 state ...

Hugo Black,

Stanley F. Reed Stanley Forman Reed (December 31, 1884 – April 2, 1980) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States, Associate Justice of the U.S. Supreme Court from 1938 to 1957. He also ser ...

Felix Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judic ...

William O. Douglas William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist who served as an associate justice of the Supreme Court of the United States, who was known for his strong progressive and civil libertarian views, and is often ci ...

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 ...

James F. Byrnes James Francis Byrnes ( ; May 2, 1882 – April 9, 1972) was an American judge and politician from South Carolina. A member of the Democratic Party, he served in U.S. Congress and on the U.S. Supreme Court, as well as in the executive branch, ...

, Robert H. Jackson, and

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 ...

. Additionally, he elevated sitting Justice Harlan F. Stone to chief justice. Roosevelt's nine nominations filled eight seats on the Supreme Court because Byrnes resigned while Roosevelt was still in office. Roosevelt nominated Rutledge to the seat vacated by Byrnes.

First term without vacancy

During his first term, Roosevelt did not fill a single Supreme Court vacancy, and the court, led by the "Four Horsemen" of

Willis Van Devanter Willis Van Devanter (April 17, 1859 – February 8, 1941) was an American lawyer who served as an Associate Justice of the Supreme Court of the United States from 1911 to 1937. He was a staunch conservative and was regarded as a part of the Four ...

James Clark McReynolds James Clark McReynolds (February 3, 1862 – August 24, 1946) was an American lawyer and judge from Tennessee who served as United States Attorney General under President Woodrow Wilson and as an associate justice of the Supreme Court of the Unite ...

George Sutherland George Alexander Sutherland (March 25, 1862July 18, 1942) was an English-born American jurist and politician. He served as an associate justice of the U.S. Supreme Court between 1922 and 1938. As a member of the Republican Party, he also repre ...

and

Pierce Butler Pierce or Piers Butler may refer to: *Piers Butler, 8th Earl of Ormond (c. 1467 – 26 August 1539), Anglo-Irish nobleman in the Peerage of Ireland *Piers Butler, 3rd Viscount Galmoye (1652–1740), Anglo-Irish nobleman in the Peerage of Ireland * P ...

, struck down many of his New Deal programs. One of Roosevelt's most severe political defeats during his presidency was the failure of the

Judicial Procedures Reform Bill of 1937 The Judicial Procedures Reform Bill of 1937, frequently called the "court-packing plan",Epstein, at 451. was a legislative initiative proposed by U.S. President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court in order t ...

, popularly known as the

court-packing 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 of ...

bill, which sought to stack a hostile Supreme Court in his favor by adding more associate justices.

Hugo Black nomination

Soon after this setback, however, Roosevelt obtained his first opportunity to appoint a Supreme Court justice when conservative Van Devanter retired. Roosevelt wanted the replacement to be a "thumping, evangelical New Dealer" who was reasonably young, confirmable by the Senate, and from a region of the country unrepresented on the court. The three final candidates were Solicitor General Stanley Forman Reed, Indiana Senator

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 ...

, and Alabama Senator Hugo Black.Ball, Howard. '' Hugo L. Black: Cold Steel Warrior''. Oxford University Press. 2006. . p. 91 Roosevelt said Reed "had no fire", and Minton didn't want the appointment at the time. Black was a candidate from the South who as a senator had voted for all twenty-four of Roosevelt's major New Deal programs, and had been an outspoken advocate of the court-packing plan. Roosevelt admired Black's use of the investigative role of the Senate to shape the American mind on reforms, his strong voting record, and his early support, which dated back to 1933. On August 12, 1937, Roosevelt nominated Black to fill the vacancy. For the first time since 1853, the Senate departed from its tradition, which had been to confirm the appointment of a sitting senator without debate.Ball, Howard. '' Hugo L. Black: Cold Steel Warrior''. Oxford University Press. 2006. . p. 94 Instead, it referred the nomination to the Judiciary Committee. Black was criticized by other senators and ''

Newsweek ''Newsweek'' is an American weekly online news magazine co-owned 50 percent each by Dev Pragad, its president and CEO, and Johnathan Davis, who has no operational role at ''Newsweek''. Founded as a weekly print magazine in 1933, it was widely ...

'' for his bigotry, his cultural roots, and later when it became public, his Ku Klux Klan membership,Ball, Howard. '' Hugo L. Black: Cold Steel Warrior''. Oxford University Press. 2006. . pp. 94-95. but the committee recommended Black's confirmation by a vote of 13—4 on August 16.Van Der Veer, Virginia. "Hugo Black and the KKK"
'' American Heritage'', April 1968. The next day, the full Senate considered Black's nomination. Rumors relating to Black's involvement in the Ku Klux Klan surfaced among the senators, and Democratic Senators Royal S. Copeland and

Edward R. Burke Edward Raymond Burke (November 28, 1880November 4, 1968) was an American Democratic Party politician. Burke moved to Sparta, Wisconsin with his parents and then Beloit, Wisconsin, where he went to Beloit College. Burke graduated in 1906, mov ...

urged the Senate to defeat the nomination. However, no conclusive evidence of Black's involvement was available at the time, so after six hours of debate, the Senate voted 63—16 to confirm Black;Supreme Court Nominations, 1789-present
''senate.gov''. ten Republicans and six Democrats voted against Black. He resigned from the Senate and was sworn in as an associate justice two days later; Black would later explain that the haste in resigning was to avoid fallout from his Klan membership potentially going public.Ball, Howard. '' Hugo L. Black: Cold Steel Warrior''. Oxford University Press. 2006. . p. 95

Stanley Reed nomination

On January 5, 1938, 75-year-old Associate Justice George Sutherland announced he would retire from the Supreme Court as of January 18. On January 15, 1938, Roosevelt nominated Solicitor General

, who had been considered for the previous vacancy. Many in the nation's capital worried about the nomination fight, in light of the difficulty encountered by Hugo Black. However, Reed's nomination was swift and generated little debate in the Senate. He was confirmed on January 25, 1938, 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 ...

, and seated as an associate justice on January 31. , Reed is the most recent person to serve as a Supreme Court justice without possessing a law degree.

Felix Frankfurter nomination

Following the death of Supreme Court Justice

Benjamin N. Cardozo Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his deat ...

in July 1938, President Roosevelt asked his old friend

for recommendations of prospective candidates for the vacancy. Finding none on the list to suit his criteria, Roosevelt nominated Frankfurter himself on January 5, 1939. Frankfurter was confirmed by the Senate on January 17, 1939, by voice vote.

William O. Douglas nomination

In 1939, Justice Louis D. Brandeis retired from the Supreme Court, and Roosevelt nominated Douglas as his replacement on March 20, 1939. Douglas later revealed that this had been a great surprise to him—Roosevelt had summoned him to an "important meeting", and Douglas feared that he was to be named as the chairman of the

Federal Communications Commission The Federal Communications Commission (FCC) is an independent agency of the United States federal government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdicti ...

. Douglas was Brandeis' personal choice as his successor. He was confirmed by the Senate on April 4 by a vote of 62 to 4. The four negative votes were cast by four Republicans:

Lynn J. Frazier Lynn Joseph Frazier (December 21, 1874January 11, 1947) was an American educator and politician who served as the 12th Governor of North Dakota from 1917 until being recalled in 1921 and later served as a U.S. Senator from North Dakota from 192 ...

, Henry Cabot Lodge Jr., Gerald P. Nye, and Clyde M. Reed. Douglas was sworn into office on April 17, 1939.

Frank Murphy nomination

Justice

died in 1939, creating the next vacancy on the court. Butler was a Catholic, and held a seat traditionally filled by a Catholic justice. On January 4, 1940, Roosevelt maintained the tradition of a Catholic seat when he nominated

. Murphy was confirmed by the Senate on January 16, 1940, by voice vote.

Harlan F. Stone, James Byrnes, and Robert H. Jackson nominations

On January 31, 1941,

, soon to be 80 years old, stepped down from the court, followed within a few months by the retirement of Chief Justice

Charles Evans Hughes Charles Evans Hughes Sr. (April 11, 1862 – August 27, 1948) was an American statesman, politician and jurist who served as the 11th Chief Justice of the United States from 1930 to 1941. A member of the Republican Party, he previously was the ...

, also nearly 80. On June 12, 1941, Roosevelt nominated Associate Justice Harlan F. Stone to be chief justice. That same day, Roosevelt also nominated

, and Robert H. Jackson to the court, with Byrnes to succeed McReynolds and Jackson to fill the associate justice seat to be vacated by the elevation of Stone. Byrnes was confirmed by the Senate on the same day by voice vote. Stone was confirmed on June 27, 1941, and Jackson on July 7, 1941, both also by voice vote.

Wiley Rutledge nomination

Byrnes only served on the court for a year and a half, resigning at Roosevelt's behest to head the powerful

Office of Economic Stabilization The Office of Economic Stabilization was established within the United States Office for Emergency Management on October 3, 1942, pursuant to the Stabilization Act of 1942, as a means to control inflation during World War II through regulations on ...

. On January 11, 1943, Roosevelt nominated

Wiley 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 ...

to fill the vacancy. Rutledge was confirmed by the Senate on February 8, 1943, by voice vote.

Names mentioned

Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Roosevelt for a Supreme Court appointment:

United States Supreme Court (elevation to chief justice)

* Harlan F. Stone (1872–1946) (nominated and confirmed)

United States Courts of Appeals

US Court of Appeals and District Court map

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 (1879-1962) * Court of Appeals for the Fifth Circuit ** Joseph Chappell Hutcheson, Jr. (1879-1973) ** Samuel H. Sibley (1873-1958) * Court of Appeals for the Tenth Circuit ** Sam G. Bratton (1888-1963) *

Court of Appeals for the D.C. Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...

** Wiley Blount Rutledge Jr. (1894–1949) (nominated and confirmed) ** Harold Montelle Stephens (1886–1955)Nemacheck, Christine L.;
Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover Through George W. Bush
', p. 148

State supreme courts

* Walter P. Stacy (1884-1951) — chief justice,

North Carolina Supreme Court The Supreme Court of the State of North Carolina is the state of North Carolina's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists ...

"Judiciary: Oyez, Oyez, Oyez"
''

Time Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, ...

'' (October 15, 1934)."Slum Prevention"
''Time'' (October 10, 1938).

Executive branch officials

* Homer S. Cummings (1870–1956) —

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 ...

(1898–1980) — chairman, Securities and Exchange Commission (nominated and confirmed) * Robert H. Jackson (1892–1954) — attorney general (nominated and confirmed) *

(1890–1949) — attorney general (nominated and confirmed) * Stanley Forman Reed (1884–1980) —

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 ...

(nominated and confirmed)

United States senators

* Hugo L. Black (1886–1971) — senator from Alabama (nominated and confirmed) *

(1879–1972) — senator from South Carolina (nominated and confirmed) * Hiram W. Johnson (1866-1945) – senator from California; former governor of California *

(1890-1965) – senator from Indiana (nominated by

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 ...

in 1949 and confirmed) * Joseph T. Robinson (1872-1937) – senator from Arkansas * Lewis B. Schwellenbach (1894-1948) – senator from Washington

Academics

(1882–1965) — professor, Harvard Law School (nominated and confirmed) * Lloyd K. Garrison (1897–1991) — dean,

University of Wisconsin Law School The University of Wisconsin Law School is the professional graduate law school of the University of Wisconsin–Madison. Located in Madison, Wisconsin, the school was founded in 1868. The University of Wisconsin Law School is guided by a "law in ...

Nemacheck; ''Strategic Selection'', p. 84

References

{{DEFAULTSORT:Roosevelt, Franklin D., Supreme Court Candidates United States Supreme Court candidates by president Supreme Court candidates