Franklin D. Roosevelt Supreme Court candidates
Encyclopedia
During his twelve years in office, President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...

appointed eight new members of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

: Associate Justices
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...

 Hugo Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...

, Stanley F. Reed
Stanley Forman Reed
Stanley Forman Reed was a noted American attorney who served as United States Solicitor General from 1935 to 1938 and as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He was the last Supreme Court Justice who did not graduate from law school Stanley Forman Reed (December 31,...

, Felix Frankfurter
Felix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...

, William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...

, Frank Murphy
Frank Murphy
William Francis Murphy was a politician and jurist from Michigan. He served as First Assistant U.S. District Attorney, Eastern Michigan District , Recorder's Court Judge, Detroit . Mayor of Detroit , the last Governor-General of the Philippines , U.S...

, James F. Byrnes
James F. Byrnes
James Francis Byrnes was an American statesman from the state of South Carolina. During his career, Byrnes served as a member of the House of Representatives , as a Senator , as Justice of the Supreme Court , as Secretary of State , and as the 104th Governor of South Carolina...

, Robert H. Jackson
Robert H. Jackson
Robert Houghwout Jackson was United States Attorney General and an Associate Justice of the United States Supreme Court . He was also the chief United States prosecutor at the Nuremberg Trials...

, and Wiley Blount Rutledge
Wiley Blount Rutledge
Wiley Blount Rutledge, Jr. was an American educator, lawyer, and justice of the Supreme Court of the United States.-Early life:...

. Additionally, he elevated sitting Justice Harlan Fiske Stone
Harlan Fiske Stone
Harlan Fiske Stone was an American lawyer and jurist. A native of New Hampshire, he served as the dean of Columbia Law School, his alma mater, in the early 20th century. As a member of the Republican Party, he was appointed as the 52nd Attorney General of the United States before becoming an...

 to Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...

. 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.

Hugo Black nomination

One of Roosevelt's most severe political defeats during his presidency was the failure of the Judiciary Reorganization Bill of 1937
Judiciary Reorganization Bill of 1937
The Judicial Procedures Reform Bill of 1937, frequently called the court-packing plan, was a legislative initiative proposed by U.S. President Franklin Roosevelt to add more justices to the U.S. Supreme Court. Roosevelt's purpose was to obtain favorable rulings regarding New Deal legislation that...

, 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
Willis Van Devanter was an Associate Justice of the United States Supreme Court, January 3, 1911 to June 2, 1937.- Early life and career :...

 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
Stanley Forman Reed
Stanley Forman Reed was a noted American attorney who served as United States Solicitor General from 1935 to 1938 and as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He was the last Supreme Court Justice who did not graduate from law school Stanley Forman Reed (December 31,...

, Indiana Senator Sherman Minton
Sherman Minton
Sherman "Shay" Minton was a Democratic United States Senator from Indiana and an Associate Justice of the Supreme Court of the United States. He was the most educated justice during his time on the Supreme Court, having attended Indiana University, Yale and the Sorbonne...

, and Alabama Senator Hugo Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...

. 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. Instead, it referred the nomination to the Judiciary Committee
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...

. 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
Royal S. Copeland
Royal Samuel Copeland was an American academic, homeopathic physician, and politician who held elected offices in both Michigan and New York . He represented New York in the United States Senate from 1923 until 1938.-Early life and medical career:Born in Dexter, Michigan to parents Roscoe P....

 and Edward R. Burke
Edward R. Burke
Edward Raymond Burke was a Nebraska 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, moved to Chadron, Nebraska where he taught school until 1908. He graduated from Harvard Law...

 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
George Sutherland
Alexander George Sutherland was an English-born U.S. jurist and political figure. One of four appointments to the Supreme Court by President Warren G. Harding, he served as an Associate Justice of the U.S...

 announced he would retire from the Supreme Court as of January 18. On January 15, 1938, Roosevelt nominated Solicitor General Stanley F. Reed
Stanley Forman Reed
Stanley Forman Reed was a noted American attorney who served as United States Solicitor General from 1935 to 1938 and as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He was the last Supreme Court Justice who did not graduate from law school Stanley Forman Reed (December 31,...

, 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
Voice vote
A voice vote is a voting method used by deliberative assemblies in which a vote is taken on a topic or motion by responding verbally....

, 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
Law degree
A Law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers; but while their curricula may be reviewed by legal authority, they do not themselves confer a license...

.

Felix Frankfurter nomination

Following the death of Supreme Court Justice Benjamin N. Cardozo
Benjamin N. Cardozo
Benjamin Nathan Cardozo was a well-known American lawyer and associate Supreme Court Justice. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his modesty, philosophy, and vivid prose style...

 in July 1938, President Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...

 asked his old friend Felix Frankfurter
Felix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma 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
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 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
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...

. He was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 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.
Henry Cabot Lodge, Jr. was a Republican United States Senator from Massachusetts and a U.S. ambassador to the United Nations, South Vietnam, West Germany, and the Holy See . He was the Republican nominee for Vice President in the 1960 Presidential election.-Early life:Lodge was born in Nahant,...

, Gerald P. Nye, and Clyde M. Reed
Clyde M. Reed
Clyde Martin Reed was an American politician from Kansas who served as both the 24th Governor of Kansas and U.S. Senator from that state....

. Douglas was sworn into office on April 17, 1939.

Frank Murphy nomination

Justice Pierce Butler
Pierce Butler (justice)
Pierce Butler was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1923 until his death in 1939...

 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
William Francis Murphy was a politician and jurist from Michigan. He served as First Assistant U.S. District Attorney, Eastern Michigan District , Recorder's Court Judge, Detroit . Mayor of Detroit , the last Governor-General of the Philippines , U.S...

. Murphy was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 on January 16, 1940 by voice vote.

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

On June 12, 1941, Roosevelt nominated Harlan Fiske Stone, James F. Byrnes
James F. Byrnes
James Francis Byrnes was an American statesman from the state of South Carolina. During his career, Byrnes served as a member of the House of Representatives , as a Senator , as Justice of the Supreme Court , as Secretary of State , and as the 104th Governor of South Carolina...

, and Robert H. Jackson
Robert H. Jackson
Robert Houghwout Jackson was United States Attorney General and an Associate Justice of the United States Supreme Court . He was also the chief United States prosecutor at the Nuremberg Trials...

. Byrnes was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 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
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 price, wage, and salary increases.-Directors:*...

. On January 11, 1943, Roosevelt nominated Wiley Blount Rutledge
Wiley Blount Rutledge
Wiley Blount Rutledge, Jr. was an American educator, lawyer, and justice of the Supreme Court of the United States.-Early life:...

 to fill the vacancy. Rutledge was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 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
    United States Court of Appeals for the Third Circuit
    The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...

    • Herbert F. Goodrich
      Herbert Funk Goodrich
      Herbert Funk Goodrich was a judge on the United States Court of Appeals for the Third Circuit...

       (born 1879)

  • Court of Appeals for the Fifth Circuit
    United States Court of Appeals for the Fifth Circuit
    The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...

    • Joseph C. Hutcheson, Jr.
      Joseph Chappell Hutcheson, Jr.
      Joseph Chappell Hutcheson, Jr. was a United States federal judge.Born in Houston, Texas, on October 19, 1879, Hutcheson received an LL.B. from the University of Texas School of Law in 1900. He was in private practice in Houston, Texas from 1900 to 1918, and was the chief legal advisor to the City...

       (born 1879)
    • Samuel H. Sibley
      Samuel Hale Sibley
      Samuel Hale Sibley was a United States federal judge.Born in Union Point, Georgia, Sibley received an A.B. from the University of Georgia in 1892 and an LL.B. from the University of Georgia School of Law in 1893...

       (born 1873)

  • Court of Appeals for the Tenth Circuit
    United States Court of Appeals for the Tenth Circuit
    The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...

    • Sam G. Bratton
      Sam G. Bratton
      Sam Gilbert Bratton was a Democratic Party politician from the state of New Mexico who served in the United States Senate from 1925 until 1933....

       (born 1888)

  • Court of Appeals for the D.C. Circuit
    United States Court of Appeals for the District of Columbia Circuit
    The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...

    • Wiley Blount Rutledge
      Wiley Blount Rutledge
      Wiley Blount Rutledge, Jr. was an American educator, lawyer, and justice of the Supreme Court of the United States.-Early life:...

      (born 1894) (Nominated and Confirmed)

State Supreme Courts

  • Walter P. Stacy
    Walter P. Stacy
    Walter Parker Stacy was chief justice of the North Carolina Supreme Court from 1925 until his death in 1951.Stacy was a 1908 graduate of the University of North Carolina at Chapel Hill, where a scholarship for law students was later established in his memory...

     (born 1885) - Chief Justice, North Carolina Supreme Court
    North Carolina Supreme Court
    The Supreme Court of North Carolina is the state'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 of six associate justices and one chief justice, although the number of justices...


Executive Branch officials

  • Homer S. Cummings
    Homer Stille Cummings
    Homer Stille Cummings was a U.S. political figure who was United States Attorney General from 1933 to 1939. He also was elected mayor of Stamford, Connecticut, three times before, founding the legal firm of Cummings & Lockwood in 1909...

     (born 1870) - United States Attorney General
    United States Attorney General
    The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...

  • William O. Douglas
    William O. Douglas
    William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...

    (born 1898) - Chairman, Securities and Exchange Commission (Nominated and Confirmed)
  • Robert H. Jackson
    Robert H. Jackson
    Robert Houghwout Jackson was United States Attorney General and an Associate Justice of the United States Supreme Court . He was also the chief United States prosecutor at the Nuremberg Trials...

    (born 1892) - United States Attorney General
    United States Attorney General
    The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...

     (Nominated and Confirmed)
  • Frank Murphy
    Frank Murphy
    William Francis Murphy was a politician and jurist from Michigan. He served as First Assistant U.S. District Attorney, Eastern Michigan District , Recorder's Court Judge, Detroit . Mayor of Detroit , the last Governor-General of the Philippines , U.S...

    (born 1890) - United States Attorney General
    United States Attorney General
    The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...

     (Nominated and Confirmed)
  • Stanley F. Reed
    Stanley Forman Reed
    Stanley Forman Reed was a noted American attorney who served as United States Solicitor General from 1935 to 1938 and as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He was the last Supreme Court Justice who did not graduate from law school Stanley Forman Reed (December 31,...

    (born 1884) - United States Solicitor General
    United States Solicitor General
    The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...

     (Nominated and Confirmed)

United States Senators

  • Hugo L. Black
    Hugo Black
    Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...

    (born 1886) - Senator from Alabama (Nominated and Confirmed)
  • James F. Byrnes
    James F. Byrnes
    James Francis Byrnes was an American statesman from the state of South Carolina. During his career, Byrnes served as a member of the House of Representatives , as a Senator , as Justice of the Supreme Court , as Secretary of State , and as the 104th Governor of South Carolina...

    (born 1882) - Senator from South Carolina (Nominated and Confirmed)
  • Hiram W. Johnson
    Hiram Johnson
    Hiram Warren Johnson was a leading American progressive and later isolationist politician from California; he served as the 23rd Governor from 1911 to 1917, and as a United States Senator from 1917 to 1945.-Early life:...

     (born 1866) - Senator from California; former Governor of California
    Governor of California
    The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...

  • Sherman Minton
    Sherman Minton
    Sherman "Shay" Minton was a Democratic United States Senator from Indiana and an Associate Justice of the Supreme Court of the United States. He was the most educated justice during his time on the Supreme Court, having attended Indiana University, Yale and the Sorbonne...

     (born 1890) - Senator from Indiana
  • Joseph T. Robinson
    Joseph Taylor Robinson
    Joseph Taylor Robinson was an American politician from Arkansas, of the Democratic Party. He was a state representative, U.S. Representative, 23rd Governor of Arkansas, U.S...

     (born 1872) - Senator from Arkansas

Academics

  • Felix Frankfurter
    Felix Frankfurter
    Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...

    (born 1882) - Professor, Harvard Law School
    Harvard Law School
    Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...

    (Nominated and Confirmed)
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