List of confirmation votes for the Supreme Court of the United States

Source: Wikipedia, the free encyclopedia.

With the exception of temporary

president of the United States Senate
. Not all nominees put forward by presidents have advanced to confirmation votes.

General overview of the history of Supreme Court confirmation votes

Article II, Section 2, Clause 2 of the

Supreme Court. The president has the plenary power to nominate and to appoint, while the Senate possesses the plenary power to reject or confirm the nominee prior to their appointment.[1][2]

Of the 163 nominations that presidents have submitted for the court, 137 have progressed to a full-Senate vote. 126 were confirmed by the Senate, while 11 were rejected. Of the 126 nominees that were confirmed, 119 served (seven of those who were confirmed declined to serve, while one died before taking office).[3][4]

The last nomination confirmed by a voice vote was that of Abe Fortas on August 11, 1965.[3] The last time a roll call vote on a nomination was unanimous was that of Anthony Kennedy on February 3, 1988.[3]

The first of the eleven roll call votes to result in a rejection of a nomination was the December 15, 1795 vote on the nomination of John Rutledge for chief justice, and the most recent time was the October 23, 1987 vote on the nomination of Robert Bork.[3]

In March 1917, the procedure of a cloture vote was introduced to the Standing Rules of the United States Senate as a means of ending debate and proceeding to a vote.[5] Until 1975, cloture required the support threshold of two-thirds of senators present and voting. From 1975 until 2017, the threshold needed to invoke cloture for Supreme Court confirmation was three-fifths of all senators duly chosen and sworn-in (60 senators, if there was no more than one seat left vacant).[2] On April 6, 2017, when considering the nomination of Neil Gorsuch, in a party-line vote the Republican Senate majority invoked the so-called "nuclear option", voting to reinterpret Senate Rule XXII and change the cloture vote threshold for Supreme Court nominations to a simple majority of senators present and voting.[2][6][7]

List of confirmation votes

Votes before and during the First Party System: 1789–1823

Nominee Nominated by Succession Confirmation vote Cite
President Party of President Preceding justice Date of vote Outcome "Yea" votes "Nay" votes Majority party Vote by party
Total % Total % Federalist
Democratic-Republican
Total yeas Total nays Total yeas Total nays
John Jay Washington None Inaugural
(chief justice)
September 26, 1789 Confirmed Voice vote
Pro Admin
John Rutledge Inaugural September 26, 1789 Confirmed Voice vote
William Cushing Inaugural September 26, 1789 Confirmed Voice vote
James Wilson
Inaugural September 26, 1789 Confirmed Voice vote
John Blair Jr. Inaugural September 26, 1789 Confirmed Voice vote
Robert H. Harrison Inaugural September 26, 1789 Confirmed[A] Voice vote
James Iredell Inaugural February 8, 1790 Confirmed Voice vote
Thomas Johnson[B]
J. Rutledge November 7, 1791 Confirmed Voice vote
William Paterson T. Johnson March 4, 1793 Confirmed Voice vote
John Rutledge[B] Jay
(chief justice)
December 15, 1795 Rejected[C] 10 41.67% 14 58.33% Federalist 1 14 7 0 [8][9]
William Cushing[D] Rutledge
(chief justice)
January 27, 1796 Confirmed[E] Voice vote
Samuel Chase Blair January 27, 1796 Confirmed Voice vote
Oliver Ellsworth Rutledge
(chief justice)
March 4, 1796 Confirmed 21 95.46% 1 4.55%
Bushrod Washington[B] J. Adams Federalist Wilson December 20, 1798 Confirmed Voice vote
Alfred Moore Iredell December 20, 1799 Confirmed Voice vote
John Jay Ellsworth
(chief justice)
December 19, 1800 Confirmed[A] Voice vote
John Marshall Ellsworth
(chief justice)
January 27, 1801 Confirmed Voice vote
William Johnson Jefferson
Democratic-Republican
Moore March 24, 1804 Confirmed Voice vote
Democratic-Republican
Henry B. Livingston[B] Paterson December 17, 1806 Confirmed Voice vote
Thomas Todd[B] New seat March 2, 1807 Confirmed Voice vote
Levi Lincoln Sr. Madison W. Cushing January 3, 1811 Confirmed[A] Voice vote
Alexander Wolcott W. Cushing February 4, 1811 Rejected 9 27.27% 24 72.73%
John Quincy Adams W. Cushing February 22, 1811 Confirmed[A] Voice vote
Joseph Story W. Cushing November 18, 1811 Confirmed Voice vote
Gabriel Duvall S. Chase November 18, 1811 Confirmed Voice vote
Smith Thompson[B] Monroe Livingston December 9, 1823 Confirmed Voice vote
General sources:[2][3][10][11]

Votes during the Jacksonian–National Republican era: 1826–1836

Nominee Nominated by Succession Confirmation vote Cite
President Party of President Preceding justice Date of vote Outcome "Yea" votes "Nay" votes Majority party Vote by party
Total % Total % Jacksonian National Republican Nullifier
Total yeas Total nays Total yeas Total nays Total yeas Total nays
Robert Trimble J. Q. Adams National
Republican
Todd May 9, 1826 Confirmed 27 84.38% 5 15.63% Jacksonian[F] 12 5 15 0 [12]
John McLean Jackson Jacksonian Trimble March 7, 1829 Confirmed Voice vote Jacksonian
Henry Baldwin Washington January 4, 1830 Confirmed 41 95.35% 2 4.65% 20 1 21 0 0 1 [13][14]
James Moore Wayne
W. Johnson January 9, 1835 Confirmed Voice vote National Republican
Roger B. Taney Marshall
(chief justice)
March 15, 1836 Confirmed 29 65.91% 15 34.09% Jacksonian 24 0 5 13 0 2 [15]
Philip P. Barbour Duvall March 15, 1836 Confirmed 30 73.17% 11 26.83% 24 0 5 11 1 0 [16]
General sources:[2][3][10]

Votes during the Second Party System: 1836–1853

Nominee Nominated by Succession Confirmation vote Cite
President Party of President Preceding justice Date of vote Outcome "Yea" votes "Nay" votes Majority party Vote by party
Total % Total % Democratic Whig
Total yeas Total nays Total yeas Total nays
John Catron Jackson Democratic new seat March 8, 1837 Confirmed 28 65.12% 15 34.88% Democratic 26 2 2 13 [17]
William Smith
new seat March 8, 1837 Confirmed 23 56.10% 18 43.90% 23 3 0 15 [18]
John McKinley[B] Van Buren new seat September 25, 1837 Confirmed Voice vote
Peter V. Daniel Barbour March 2, 1841 Confirmed 25 83.33% 5 16.67% 24 4 0 1 [19]
John Canfield Spencer Tyler None Thompson January 31, 1844 Rejected 21 44.68% 26 55.32% Whig 16 5 5 21 [20]
Samuel Nelson Thompson February 14, 1845 Confirmed Voice vote
George Washington Woodward Polk Democratic Baldwin January 22, 1846 Rejected 20 40.82% 29 59.18% Democratic
Levi Woodbury[B] Story January 3, 1846 Confirmed Voice vote
Robert Cooper Grier Baldwin August 4, 1846 Confirmed Voice vote
Benjamin Robbins Curtis[B] Fillmore Whig Baldwin December 23, 1851 Confirmed Voice vote
John Archibald Campbell Pierce Democratic Party McKinley March 22, 1853 Confirmed Voice vote
General sources:[2][3][10]

Votes during the Third Party System: 1857–present

Nominee Nominated by Succession Confirmation vote Cite
President Party of President Preceding justice Date of vote Outcome "Yea" votes "Nay" votes Majority party Vote by party
Total % Total % Democratic Republican Other Parties
Total yeas Total nays Total yeas Total nays Party name Total yeas Total nays
Nathan Clifford
Buchannan
Democratic Curtis January 12, 1858 Confirmed 26 53.06% 23 46.94% Democratic 25 3 0 18 Know Nothing 1 2 [21]
Samuel Freeman Miller Lincoln Republican Daniel January 16, 1862 Confirmed Voice vote Republican
Noah Haynes Swayne McLean January 24, 1862 Confirmed 38 97.44% 1 2.56% 8 0 27 1 Unionist 3 0 [22]
David Davis[B] Campbell December 8, 1862 Confirmed Voice vote
Stephen Johnson Field new seat March 10, 1863 Confirmed Voice vote
Salmon P. Chase Taney
(chief justice)
December 6, 1864 Confirmed Voice vote
Edwin Stanton
Grant
Grier December 20, 1869 Confirmed[G] 46 80.70% 11 19.30% 0 9 46 3 [23]
Ebenezer R. Hoar new seat February 3, 1870 Rejected 24 42.11% 33 57.90% 0 9 24 24 [24]
William Strong Grier February 18, 1870 Confirmed Voice vote
Joseph P. Bradley new seat March 21, 1870 Confirmed 46 83.64% 9 16.36% 9 0 37 9 [25]
Ward Hunt Nelson December 11, 1872 Confirmed Voice vote
Morrison Waite S. P. Chase
(chief justice)
January 21, 1874 Confirmed 63 100% 0 0% 15 0 33 0 Liberal Republican 5 0 [26]
John Marshall Harlan Hayes Davis November 29, 1877 Confirmed Voice vote
William Burnham Woods Strong December 21, 1880 Confirmed 39 82.98% 8 17.02% Democratic 14 8 24 0 Independents 1 0 [27]
Stanley Matthews
Garfield
Swayne May 12, 1881 Confirmed 24 51.06% 23 48.94% Split
Horace Gray Arthur Clifford December 20, 1881 Confirmed 51 91.07% 5 8.93% 21 5 29 0 Independents 1 0 [28]
Roscoe Conkling Hunt March 2, 1882 Confirmed[A] 39 76.47% 12 23.53%
Samuel Blatchford Hunt March 2, 1882 Confirmed Voice vote
Lucius Quintus Cincinnatus Lamar Cleveland Democratic Woods January 16, 1888 Confirmed 32 53.33% 28 46.67% Republican
Melville Fuller Waite
(chief justice)
July 20, 1888 Confirmed 41 67.21% 20 32.79%
David J. Brewer B. Harrison Republican Matthews December 18, 1889 Confirmed 53 82.81% 11 17.19% 18 4 35 7 [29]
Henry Billings Brown Miller December 29, 1890 Confirmed Voice vote
George Shiras Jr. Bradley July 26, 1892 Confirmed Voice vote
Howell Edmunds Jackson
L. Lamar February 18, 1893 Confirmed Voice vote
William B. Hornblower Cleveland Democratic Blatchford January 15, 1894 Rejected 24 44.44% 30 55.56% Democratic
Wheeler Hazard Peckham Blatchford February 16, 1894 Rejected 32 43.84% 41 56.16%
Edward Douglas White
Blatchford February 19, 1894 Confirmed Voice vote
Rufus W. Peckham H. Jackson December 9, 1895 Confirmed Voice vote Republican
Joseph McKenna McKinley Republican Field January 21, 1898 Confirmed Voice vote
Oliver Wendell Holmes Jr. T. Roosevelt Gray December 4, 1902 Confirmed Voice vote
William R. Day Shiras February 23, 1903 Confirmed Voice vote
William Henry Moody Brown December 12, 1906 Confirmed Voice vote
Horace Harmon Lurton Taft R. Peckham December 20, 1909 Confirmed Voice vote
Charles Evans Hughes R. Peckham May 2, 1910 Confirmed Voice vote
Edward Douglas White[D]
Fuller
(chief justice)
December 12, 1910 Confirmed Voice vote
Willis Van Devanter E. D. White December 15, 1910 Confirmed Voice vote
Joseph Rucker Lamar Moody December 15, 1910 Confirmed Voice vote
Mahlon Pitney J. Harlan March 12, 1912 Confirmed 50 65.79% 26 34.21%
James Clark McReynolds Wilson Democratic Lurton August 29, 1914 Confirmed 50 65.79% 26 34.21% Democratic
Progressive
Louis Brandeis J. Lamar June 1, 1916 Confirmed 47 68.12% 22 31.88% 44 1 3 21 [30]
John Hessin Clarke Hughes July 14, 1916 Confirmed Voice vote
William Howard Taft Harding Republican E. D. White June 30, 1921 Confirmed Voice vote Republican
George Sutherland Clarke September 5, 1922 Confirmed Voice vote
Pierce Butler
Day December 5, 1922 Confirmed 61 88.41% 8 11.59% 21 5 40 3 [31]
Edward Terry Sanford Pitney January 29, 1923 Confirmed Voice vote
Harlan F. Stone Coolidge McKenna January 5, 1925 Confirmed 71 92.21% 6 7.78% 27 2 44 2 Farmer-Labor 0 2 [32]
Charles Evans Hughes Hoover Taft
(chief justice)
February 13, 1930 Confirmed 52 66.67% 26 33.33% 14 15 38 11 Farmer-Labor 0 0 [33]
John J. Parker Sanford May 7, 1930 Rejected 39 48.75% 41 51.25% 10 23 29 17 Farmer-Labor 0 1 [34]
Owen Roberts Sanford May 20, 1930 Confirmed Voice vote
Benjamin N. Cardozo Holmes February 15, 1932 Confirmed Voice vote
Hugo Black F. D. Roosevelt Democratic Van Devanter August 17, 1937 Confirmed 63 79.75% 16 20.25% Democratic 57 6 4 10 Farmer-Labor 1 0 [35]
Wisconsin Progressive 1 0
Independents 0 0
Stanley Forman Reed Sutherland January 15, 1938 Confirmed Voice vote
Felix Frankfurter Cardozo January 5, 1939 Confirmed Voice vote
William O. Douglas Brandeis March 20, 1939 Confirmed 62 93.94% 4 6.06% 50 0 9 4 Farmer-Labor 1 0 [36]
Wisconsin Progressive 1 0
Independents 1 0
Frank Murphy Butler January 16, 1940 Confirmed Voice vote
James F. Byrnes McReynolds June 12, 1941 Confirmed Voice vote
Harlan F. Stone[D] Hughes
(chief justice)
June 27, 1941 Confirmed Voice vote
Robert H. Jackson Stone July 7, 1941 Confirmed Voice vote
Wiley Rutledge Byrnes February 8, 1943 Confirmed Voice vote
Harold Hitz Burton
Truman O. Roberts September 19, 1945 Confirmed Voice vote
Fred M. Vinson Stone
(chief justice)
June 20, 1946 Confirmed Voice vote
Tom C. Clark Murphy August 18, 1949 Confirmed 73 90.12% 8 9.88% 46 0 27 8 [37]
Sherman Minton W. Rutledge October 4, 1949 Confirmed 48 75.00% 16 25.00% 36 2 12 14 [38]
Earl Warren[B] Eisenhower Republican Vinson
(chief justice)
March 1, 1954 Confirmed Voice vote Republican
John Marshall Harlan II R. Jackson March 16, 1955 Confirmed 71 86.59% 11 13.42% Democratic 32 9 39 2 Independents 0 0 [39]
William J. Brennan Jr.[B] Minton March 19, 1957 Confirmed Voice vote
Charles Evans Whittaker Reed March 19, 1957 Confirmed Voice vote
Potter Stewart[B] Minton May 5, 1959 Confirmed 70 80.46% 17 19.54% 42 17 28 0 [40]
Byron White Kennedy Democratic Whittaker April 11, 1962 Confirmed Voice vote
Arthur Goldberg Frankfurter September 25, 1962 Confirmed Voice vote
Abe Fortas L Johnson Goldberg August 11, 1965 Confirmed Voice vote
Thurgood Marshall Clark August 30, 1967 Confirmed 69 86.25% 11 13.75% 37 10 32 1 [41]
Warren E. Burger Nixon Republican Warren
(chief justice)
June 9, 1969 Confirmed 74 95.10% 3 3.90% 38 3 36 0 [42]
Clement Haynsworth Fortas November 21, 1969 Rejected 45 45.00% 55 55.00% 19 38 26 17 [43]
G. Harrold Carswell Fortas April 8, 1970 Rejected 45 46.88% 51 53.13% 16 38 28 13 Independent Democrats 1 0 [44][45][46]
Harry Blackmun Fortas May 12, 1970 Confirmed 94 100% 0 0% 53 0 40 0 Independent Democrats 1 0 [45][47]
Lewis F. Powell Jr. H. Black December 6, 1971 Confirmed 89 98.89% 1 1.11% 49 1 38 0 Conservative Party of New York State 1 0 [48]
Independent Democrats 1 0
William Rehnquist J. Harlan II December 10, 1971 Confirmed 68 72.34% 26 27.66% 29 23 37 3 Conservative Party of New York State 1 0 [49][50][51]
Independent Democrats 1 0
John Paul Stevens Ford Douglas December 17, 1975 Confirmed 98 100% 0 0% 59 0 37 0 Conservative Party of New York State 1 0 [52]
Independent Democrats 1 0
Sandra Day O'Connor Reagan Stewart Septemhber 21, 1981 Confirmed 99 100% 0 0% Republican 45 0 53 0 Independent Democrats 1 0 [9][53]
William Rehnquist[D] Burger
(chief justice)
September 17, 1986 Confirmed 65 66.33% 33 33.67% 16 31 49 2 [54]
Antonin Scalia Rehnquist September 17, 1986 Confirmed 98 100% 0 0% 47 0 51 2 [55]
Robert Bork Powell October 23, 1987 Rejected 42 42.00% 58 58.00% Democratic 2 52 40 6 [56][57]
Anthony Kennedy Powell February 3, 1988 Confirmed 97 100% 0 0% 51 0 46 0 [58]
David Souter G. H. W. Bush Brennan October 2, 1990 Confirmed 90 90.91% 9 9.09% 46 9 44 0 [59]
Clarence Thomas T. Marshall October 15, 1991 Confirmed 52 52.00% 48 48.00% 11 46 41 2 [60][61]
Ruth Bader Ginsburg Clinton Democratic B. White August 3, 1993 Confirmed 96 96.97% 3 3.03% 55 0 41 3 [62]
Stephen Breyer Blackmun July 29, 1994 Confirmed 87 90.63% 9 9.38% 54 0 33 9 [63]
John Roberts G. W. Bush Republican Rehnquist
(chief justice)
September 29, 2005
Confirmed 78 78.00% 22 22.00% Republican 22 22 55 0 Independent Democrats 1 0 [64][65]
Samuel Alito O'Connor January 31, 2006 Confirmed 58 58.00% 42 42.00% 4 40 54 1 Independent Democrats 0 1 [66][67]
Sonia Sotomayor Obama Democratic Souter August 6, 2009 Confirmed 68 68.69% 31 31.31% Democratic 57 0 9 31 Independent Democrats 2 0 [68][69][70]
Elena Kagan Stevens August 5, 2010 Confirmed 63 63.00% 37 37.00% 56 1 5 36 Independent Democrats 2 0 [71]
Neil Gorsuch Trump Republican Scalia April 7, 2017 Confirmed 54 54.55% 45 45.45% Republican 3 43 51 0 Independent Democrats 0 2 [72]
Brett Kavanaugh Kennedy October 6, 2018 Confirmed 50 51.02% 48 48.98% 1 46 49 0 Independent Democrats 0 2 [73]
Amy Coney Barrett Ginsburg October 26, 2020 Confirmed 52 52.00% 48 48.00% 0 45 52 1 Independent Democrats 0 2 [74]
Ketanji Brown Jackson Biden Democratic Breyer April 7, 2022 Confirmed 53 53.00% 47 47.00% Democratic 48 0 3 47 Independent Democrats 2 0 [75]
General sources:[2][3][10]

List of cloture votes

On occasion, a cloture vote has been taken in an effort to end Senate debate and allow a confirmation vote to take place.

Between the 1917 (when cloture was introduced to the Senate) and year 1975, cloture required the support threshold of two-thirds of senators present and voting. From 1975 until 2017, the threshold needed to invoke cloture for Supreme Court confirmation was three-fifths of all senators duly chosen and sworn-in (60 senators, if there was no more than one seat left vacant).[2] On April 7, 2017, the votes of Democratic senators managed to deny enough support for cloture on the nomination of Neil Gorsuch. The Senate's Republican majority used the "nuclear option" to reduce the threshold for cloture to a simple 50% majority of votes, and Gorsuch met this new cloture threshold in the subsequent reconsideration.[7] Ever since this, the threshold has been a simple 50% majority of votes.[2]

The first attempt to invoke cloture on a Supreme Court nomination occurred in 1968 on the nomination to elevate Associate Justice Abe Fortas to chief justice. The first cloture motion to succeed was on the 1986 nomination to elevate Associate Justice William Rehnquist to chief justice.[76]

Nominee Nominated by Vote on cloture motion Subsequent outcome Cite
President Party of President Date of cloture motion Outcome of cloture motion "Yea" votes "Nay" votes Majority party Vote by party
Total % Total % Democratic Republican Other Parties
Total yeas Total nays Total yeas Total nays Party name Total yeas Total nays
Abe Fortas[D] L. Johnson Democratic October 1, 1968 Rejected 45 51.14% 43 48.86% Democratic 35 19 10 24 Nomination was withdrawn[H] on October 2, 1968 [77]
William Rehnquist Nixon Republican December 10, 1971 Rejected 52 55.32% 42 44.68% Motion to postpone confirmation (until January 18, 1972) rejected (22–70) on December 10, 1971; confirmed (68–26) on December 10, 1971
William Rehnquist[D] Reagan September 17, 1986 Successfully invoked 68 68.04% 31 25.77% Republican 16 31 52 0 Confirmed (65–33) on September 17, 1986 [78]
Samuel Alito G W Bush January 30, 2006 Successfully invoked 72 74.23% 25 25.77% 19 24 53 0 Independent Democrats 0 1 Confirmed (58–42) on January 31, 2006 [79]
Neil Gorsuch Trump April 6, 2017 Rejected 55 55.00% 45 45.00% 4 42 51 1 Independent Democrats 0 2 Confirmed (54–45) on April 7, 2017 [80]
Successfully invoked upon reconsideration (under new threshold) 55 55.00% 45 45.00% 3 43 52 0 Independent Democrats 0 2
Brett Kavanaugh October 5, 2018 Successfully invoked 51 51.00% 49 49.00% 1 46 50 1 Independent Democrats 0 2 Confirmed (50–48) on October 6, 2018 [81]
Amy Coney Barrett October 25, 2020 Successfully invoked 51 51.00% 48 48.00% 0 44 51 2 Independent Democrats 0 2 Confirmed (52–48) on October 26, 2020 [82]
Ketanji Brown Jackson Biden Democratic April 7, 2022 Successfully invoked 53 53.00% 47 47.00% Democratic 48 0 3 47 Independent Democrats 2 0 Confirmed (53–47) on April 7, 2022 [83]
General sources:[2][3][10]

See also

Notes

  1. ^ a b c d e Declined to serve.
  2. ^ a b c d e f g h i j k l m Nominee was serving on the Court under a recess appointment when the nomination was made.
  3. ^ This was the first Supreme Court nomination to be rejected by the United States Senate. Rutledge remains the only "recess appointed" justice not to be subsequently confirmed by the Senate.[2]
  4. ^ a b c d e f Incumbent associate justice nominated for chief justice. Such appointments are subject to a separate confirmation process.
  5. ^ Declined and continued to serve as an associate justice.
  6. ^ The political allies of Andrew Jackson and William H. Crawford held a majority in the Senate over the allies of John Quincy Adams and Henry Clay throughout Adams' presidency.
  7. ^ Died prior to becoming a member of the Court.
  8. ^ Nominee continued to serve as an associate justice.

References

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