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The Info List - Franklin D. Roosevelt Supreme Court Candidates


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During his twelve years in office, President FRANKLIN D. ROOSEVELT appointed eight new members of the SUPREME COURT OF THE UNITED STATES : Associate Justices Hugo Black
Hugo Black
, Stanley F. Reed , Felix Frankfurter , William O. Douglas
William O. Douglas
, Frank Murphy
Frank Murphy
, James F. Byrnes
James F. Byrnes
, Robert H. Jackson , and Wiley Blount Rutledge . Additionally, he elevated sitting Justice Harlan Fiske Stone
Harlan Fiske Stone
to Chief Justice . Roosevelt's nine nominations filled eight seats on the Supreme Court because Associate Justice Byrnes resigned while Roosevelt was still in office. Roosevelt nominated Rutledge to the seat vacated by Byrnes.

CONTENTS

* 1 Hugo Black
Hugo Black
nomination * 2 Stanley Reed nomination * 3 Felix Frankfurter
Felix Frankfurter
nomination * 4 William O. Douglas
William O. Douglas
nomination * 5 Frank Murphy
Frank Murphy
nomination * 6 Harlan Fiske Stone, James Byrnes, and Robert H. Jackson nominations * 7 Wiley Blount Rutledge nomination

* 8 Names mentioned

* 8.1 United States Supreme Court (elevation to Chief Justice) * 8.2 United States Courts of Appeals * 8.3 State Supreme Courts * 8.4 Executive Branch officials * 8.5 United States Senators * 8.6 Academics

* 9 See also * 10 References

HUGO BLACK NOMINATION

One of Roosevelt's most severe political defeats during his presidency was the failure of the Judiciary Reorganization Bill of 1937 , popularly known as the court-packing bill, which sought to stack a hostile Supreme Court in his favor by adding more associate justices. Soon after this setback, however, Roosevelt obtained his first opportunity to appoint a Supreme Court Justice when conservative Willis Van Devanter
Willis 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 Reed , Indiana Senator Sherman Minton
Sherman Minton
, and Alabama Senator Hugo Black
Hugo Black
. 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
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. Instead, it referred the nomination to the Judiciary Committee . Black was criticized by other senators and Newsweek for his presumed bigotry, his cultural roots, and later when it became public, his Klan membership, but the Committee recommended Black's confirmation by a vote of 13–4 on August 16.

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 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 - 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.

STANLEY REED NOMINATION

On January 5, 1938, 78-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 Stanley F. Reed , 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 , and seated as an Associate Justice on January 31. As of 2010, Reed was the last 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 N. Cardozo
in July 1938, President Franklin D. Roosevelt
Franklin D. Roosevelt
asked his old friend Felix Frankfurter 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 United States Senate
United States Senate
on January 17, 1939 by voice vote.

WILLIAM O. DOUGLAS NOMINATION

In 1939, Justice Louis D. Brandeis resigned 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 . He was confirmed by the United States Senate on April 4 by a vote of 62 to 4. The four negative votes were cast by four Republicans: Lynn J. Frazier , Henry Cabot Lodge, Jr.
Henry Cabot Lodge, Jr.
, Gerald P. Nye , and Clyde M. Reed . Douglas was sworn into office on April 17, 1939.

FRANK MURPHY NOMINATION

Justice Pierce Butler 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 Frank Murphy
Frank Murphy
. Murphy was confirmed by the United States Senate
United States Senate
on January 16, 1940 by voice vote.

HARLAN FISKE STONE, JAMES BYRNES, AND ROBERT H. JACKSON NOMINATIONS

On January 31, 1941, James Clark McReynolds , 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
, also nearly 80. On June 12, 1941, Roosevelt nominated Associate Justice Harlan Fiske Stone to be Chief Justice. That same day, Roosevelt also nominated James F. Byrnes
James F. Byrnes
, and Robert H. Jackson
Robert H. Jackson
to the Court, with Byrnes to succeed McReynolds and Jackson to fill the Associate Justice seat to be vacated be the elevation of Stone. Byrnes was confirmed by the United States Senate
United States 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 BLOUNT 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 . On January 11, 1943, Roosevelt nominated Wiley Blount Rutledge to fill the vacancy. Rutledge was confirmed by the United States 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 FISKE STONE (born 1872) (NOMINATED AND CONFIRMED)

UNITED STATES COURTS OF APPEALS

* Court of Appeals for the Third Circuit

* Herbert F. Goodrich (born 1879)

* Court of Appeals for the Fifth Circuit

* Joseph C. Hutcheson, Jr. (born 1879) * Samuel H. Sibley (born 1873)

* Court of Appeals for the Tenth Circuit

* Sam G. Bratton (born 1888)

* Court of Appeals for the D.C. Circuit

* WILEY BLOUNT RUTLEDGE (born 1894) (NOMINATED AND CONFIRMED)

STATE SUPREME COURTS

* Walter P. Stacy (born 1885) - Chief Justice, North Carolina Supreme Court

EXECUTIVE BRANCH OFFICIALS

* Homer S. Cummings (born 1870) - United States Attorney General
United States Attorney General
* WILLIAM O. DOUGLAS (born 1898) - Chairman, Securities and Exchange Commission (NOMINATED AND CONFIRMED) * ROBERT H. JACKSON (born 1892) - United States Attorney General (NOMINATED AND CONFIRMED) * FRANK MURPHY (born 1890) - United States Attorney General (NOMINATED AND CONFIRMED) * STANLEY F. REED (born 1884) - United States Solicitor General (NOMINATED AND CONFIRMED)

UNITED STATES SENATORS

* HUGO L. BLACK (born 1886) - Senator from Alabama (NOMINATED AND CONFIRMED) * JAMES F. BYRNES (born 1882) - Senator from South Carolina (NOMINATED AND CONFIRMED) * Hiram W. Johnson (born 1866) - Senator from California ; former Governor of California
Governor of California
* Sherman Minton
Sherman Minton
(born 1890) - Senator from Indiana (NOMINATED BY HARRY S. TRUMAN IN 1949 AND CONFIRMED) * Joseph T. Robinson (born 1872) - Senator from Arkansas (DIED IN 1937)

ACADEMICS

* FELIX FRANKFURTER (born 1882) - Professor, Harvard Law School (NOMINATED AND CONFIRMED)

SEE ALSO

* United States federal judge
United States federal judge
* Federal judicial appointment history

REFERENCES

* ^ Ball, Howard. Hugo L. Black: Cold Steel Warrior. Oxford University Press. 2006. ISBN 0-19-507814-4 . Pages 90-91. * ^ Ball, Howard. Hugo L. Black: Cold Steel Warrior. Oxford University Press. 2006. ISBN 0-19-507814-4 . Page 90. * ^ A B C D Ball, Howard. Hugo L. Black: Cold Steel Warrior. Oxford University Press. 2006. ISBN 0-19-507814-4 . Page 91. * ^ Ball, Howard. Hugo L. Black: Cold Steel Warrior. Oxford University Press. 2006. ISBN 0-19-507814-4 . Page 92. * ^ A B C Ball, Howard. Hugo L. Black: Cold Steel Warrior. Oxford University Press. 2006. ISBN 0-19-507814-4 . Page 94. * ^ A B C Ball, Howard. Hugo L. Black: Cold Steel Warrior. Oxford University Press. 2006. ISBN 0-19-507814-4 . Pages 94-95. * ^ Van Der Veer, Virginia. " Hugo Black
Hugo Black
and the KKK." * ^ A B C D E F G H I J K L M N O Supreme Court Nominations, 1789-present, senate.gov. * ^ Ball, Howard. Hugo L. Black: Cold Steel Warrior. Oxford University Press. 2006. ISBN 0-19-507814-4 . Page 95. * ^ Wood, "Sutherland Quits Supreme Court," New York Times, January 6, 1938; "Stanley Reed Goes to Supreme Court," New York Times, January 16, 1938; "Jackson Is Named Solicitor General," New York Times, January 28, 1938; "High Court Holds Challenge of NLRB Must Await Board Order Against Company," New York Times, February 1, 1938. * ^ "Senate Quickly Confirms Reed Nomination," New York Times, January 26, 1938. * ^ Irons 1999 , pp. 327–8 * ^ Christopher L. Tomlins (2005). The United States Supreme Court. Houghton Mifflin
Houghton Mifflin
. pp. 475–476. Retrieved 2008-10-21. * ^ Newman, Roger K. Hugo Black: A Biography. Fordham University Press. p. 338. ISBN 978-0-8232-1786-1 . * ^ A B C D E Newman, Roger K. Hugo Black: A Biography. Fordham University Press. pp. 233–234. ISBN 978-0-8232-1786-1 . * ^ A B JUDICIARY: Oyez, Oyez, Oyez, TIME Magazine
TIME Magazine
(October 15, 1934). * ^ Slum Prevention, TIME Magazine
TIME Magazine
(October 10, 1938). * ^ Newman, Roger K. Hugo Black: A Biography. Fordham University Press. p. 214. ISBN 978-0-8232-1786-1 .

* v * t * e

United States Presidents and the judiciary

Supreme Court candidates and nomination results ALL SUPREME COURT NOMINATIONS

* Harding * Hoover * F. Roosevelt * Truman * Eisenhower * Kennedy * L. Johnson * Nixon * Ford * Carter * Reagan * G.H.W. Bush * Clinton * G.W. Bush * Obama * Trump * Unsuccessful Supreme Court nominations * Supreme Court demographics

All presidential judicial appointments JUDICIAL APPOINTMENT HISTORY FOR UNITED STATES FEDERAL COURTS

* Washington * J. Adams * Jefferson * Madison * Monroe * J.Q. Adams * Jackson * Van Buren * Tyler * Polk * Taylor * Fillmore * Pierce * Buchanan * Lincoln * A. Johnson * Grant * Hayes * Garfield * Arthur * Harrison * Cleveland * McKinley * T. Roosevelt * Taft * Wilson * Harding * Coolidge * Hoover * F. Roosevelt * Truman * Eisenhower * Kennedy * L. Johnson * Nixon * Ford * Carter * Reagan * G.H.W. Bush * Clinton * G.W. Bush * Obama * Trump

APPOINTMENT CONTROVERSIES

* L. Johnson * Nixon * Ford * Carter * Reagan * G.H.W. Bush * Clinton * G.W. Bush * Obama

* v * t * e

Franklin D. Roosevelt
Franklin D. Roosevelt

* 32nd President of the United States
President of the United States
(1933–1945) * 44th Governor of New York
Governor of New York
(1929–1932) * Assistant Secretary of the Navy
Assistant Secretary of the Navy
(1913–1920) * New York State Senator (1911–1913)

PRESIDENCY

* Inaugurations (1st * 2nd * 3rd * 4th)

* New Deal
New Deal

* overview * New Deal
New Deal
coalition * First 100 days * Second New Deal
New Deal

* Federal Emergency Relief Administration
Federal Emergency Relief Administration
* Civilian Conservation Corps
Civilian Conservation Corps
* Agricultural Adjustment Administration
Agricultural Adjustment Administration
* Emergency Banking Act
Emergency Banking Act
* Tennessee Valley Authority
Tennessee Valley Authority
* National Labor Relations Act
National Labor Relations Act

* National Industry Recovery Act
National Industry Recovery Act

* Public Works Administration
Public Works Administration
* National Recovery Administration
National Recovery Administration

* Works Progress Administration
Works Progress Administration

* National Youth Administration
National Youth Administration

* Social Security Act
Social Security Act

* Aid to Families with Dependent Children
Aid to Families with Dependent Children

* Communications Act of 1934
Communications Act of 1934

* Federal Communications Commission
Federal Communications Commission

* Securities and Exchange Commission

* Monetary gold ownership

* Gold Reserve Act * Silver seizure

* Record on civil rights

* Defense industry non-discrimination * Fair Employment Practices Commission

* Indian Reorganization Act
Indian Reorganization Act

* Executive Orders 9066, 9102

* War Relocation Authority
War Relocation Authority
* Japanese American internment
Japanese American internment
* German-American internment * Italian-American internment

* Brownlow Committee * Executive Office of the President * G.I. Bill
G.I. Bill
of Rights * Cullen–Harrison Act * Roerich Pact

* Four Freedoms
Four Freedoms

* Four Freedoms
Four Freedoms
Monument

* Black Cabinet * Jefferson\'s Birthday holiday * Judicial Court-Packing Bill

* Federal Judicial appointments

* Supreme Court

* Cabinet * "Brain Trust" * Modern Oval Office * Official car * Criticism

Presidential Foreign policy

* Banana Wars
Banana Wars

* U.S. occupation of Nicaragua, 1912–1933 * U.S. occupation of Haiti, 1915–1934

* Good Neighbor Policy (1933–1945) * Montevideo Convention
Montevideo Convention
(1933) * Second London Naval Treaty (1936) * ABCD line (1940) * Export Control Act * Four Policemen
Four Policemen
* Lend-Lease
Lend-Lease
* 1940 Selective Service Act * Atlantic Charter
Atlantic Charter
(1941)

* Military history of the United States during World War II
Military history of the United States during World War II

* Home front during World War II
Home front during World War II
* Combined Munitions Assignments Board
Combined Munitions Assignments Board
* War Production Board
War Production Board

* Declaration by United Nations
Declaration by United Nations
(1942)

* Dumbarton Oaks Conference

* World War II
World War II
conferences * Quebec Agreement
Quebec Agreement
* Europe first * Morgentau Plan support

Presidential speeches

* Commonwealth Club Address * Madison Square Garden speech * " Four Freedoms
Four Freedoms
" * Infamy Speech
Infamy Speech
* Arsenal of Democracy * "...is fear itself" * Fireside chats
Fireside chats
* "Look to Norway" * Quarantine Speech * "The More Abundant Life" * Second Bill of Rights * State of the Union Address (1934 * 1938 * 1939 * 1940 * 1941 * 1945)

OTHER EVENTS

* Early life, education, career * Warm Springs Institute * Governorship of New York * Business Plot * Assassination attempt

ELECTIONS

* New York state election, 1928 * 1930 * Democratic National Convention, 1920 * 1924 * 1932 * 1936 * 1940 * 1944 * United States presidential election, 1920
United States presidential election, 1920

* 1932

* theme song

* 1936 * 1940 * 1944

LIFE AND HOMES

* Early life and education

* Groton School
Groton School

* "Springwood" birthpace, home, and gravesite * Campobello home * Paralytic illness * Top Cottage
Top Cottage
* Little White House, Warm Springs, Georgia

LEGACY

* Presidential Library and Museum

* Roosevelt Institute
Roosevelt Institute
* Roosevelt Institute
Roosevelt Institute
Campus Network

* Franklin Delano Roosevelt Memorial
Franklin Delano Roosevelt Memorial

* Roosevelt Island
Roosevelt Island

* Four Freedoms
Four Freedoms
Park

* White House Roosevelt Room
Roosevelt Room
* Roosevelt Study Center * Four Freedoms
Four Freedoms
Award * Four Freedoms
Four Freedoms
paintings * Unfinished portrait * U.S. Postage stamps * Roosevelt dime
Roosevelt dime
* Books

* Films

* The Roosevelt Story
The Roosevelt Story
1947 * Sunrise at Campobello 1960 * Eleanor and Franklin 1976, The White House Years 1977 * World War II: When Lions Roared * Warm Springs 2005 * Hyde Park on Hudson
Hyde Park on Hudson
2012 * The Roosevelts 2014 documentary

* Other namesakes * Other works

Roosevelt family
Roosevelt family
Delano family

* Anna Eleanor Roosevelt
Eleanor Roosevelt
(wife) * Anna Eleanor Roosevelt
Eleanor Roosevelt
(daughter) * James Roosevelt
James Roosevelt
II (son) * Elliott Roosevelt
Elliott Roosevelt
(son) * Franklin Delano Roosevelt Jr.
Franklin Delano Roosevelt Jr.
(son) * John Aspinwall Roosevelt II (son) * Eleanor Roosevelt
Eleanor Roosevelt
Seagraves (granddaughter) * Curtis Roosevelt
Curtis Roosevelt
(grandson) * Sara Delano Roosevelt (granddaughter) * Franklin Delano Roosevelt III (grandson) * John Roosevelt Boettiger (grandson) * James Roosevelt
James Roosevelt
III (grandson) * James Roosevelt
James Roosevelt
I (father) * Sara Ann Delano (mother) * James Roosevelt
James Roosevelt
Roosevelt (half-brother) * Isaac Roosevelt (grandfather) * Jacobus Roosevelt (great-grandfather) * Fala (family dog)

* ← HERBERT HOOVER * HARRY S. TRUMAN →

*

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