Supremely Political: The Role of Ideology and Presidential Management in Unsuccessful Supreme Court Nominations

By John Massaro | Go to book overview

NOTES

IN THE FOLLOWING notes, four abbreviations have been employed: " LBJL" for the Lyndon Baines Johnson Library, Austin, Texas; "NPMP" for the Nixon Presidential Materials Project, Washington, D.C.; "RBRML" for the Richard B. Russell Memorial Library, Athens, Georgia; and "WHCF" for White House Central Files. Additionally, references to "Files Pertaining to Fortas and Thornberry" have been shortened to "Fortas/ Thornberry Files."


INTRODUCTION
1.
U. S., Constitution, Art. 2, sec. 2, cl. 2 states that the president "shall nominate, and by and with the advice and consent of the Senate, shall appoint ... Judges of the Supreme Court."
2.
There has been some confusion in the literature regarding how many Supreme Court nominations have been made as well as how many have been refused confirmation by the Senate. This confusion stems in part from how one counts resubmitted nominations of the same individual for the same vacancy as well as what one considers a "refusal to confirm" by the Senate. In the text, "refusal to confirm" refers to occasions when the Senate rejects a nominee outright, postpones action on the nomination causing the president to withdraw it, postpones action on the nomination and fails to act further, or fails to take any action whatsoever on the nomination. Individuals nominated more than once for the same vacancy by the same president and subsequently refused confirmation are counted as one refusal to confirm. Individuals nominated more than once for the same vacancy and subsequently confirmed are not counted as a refusal to confirm. However, Stanley Matthews, refused confirmation and subsequently nominated for the same vacancy by a different president and confirmed, is counted as one refusal to confirm. Not counting the nomination of Homer Thornberry, contingent upon Fortas's confirmation as chief justice, and George Washington's withdrawal of the nomination of William

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