Senate Judiciary Committee reviews of nominations to the Supreme Court of the United States

Source: Wikipedia, the free encyclopedia.

Sonia Sotomayor appearing before the Judiciary Committee on the first day of hearings on her 2009 nomination to the Supreme Court

Since the creation of the

Senate Committee on the Judiciary (Judiciary Committee) in 1816, many, but not all, nominations for the Supreme Court of the United States have been first referred to a committee for review prior to facing a confirmation vote before the full United States Senate.[1] Some nominations have been withdrawn, lapsed, or been postponed without being referred to the Judiciary Committee, while some others up until 1941 had proceeded to full Senate confirmation votes without first being reviewed by the Judiciary Committee. However, ever since 1941, all nominations have been referred to the Judiciary Committee.[1]

In the 19th century and portions of the early 20th century, Judiciary Committee reviews were brief and entailed rather cursory looks at the nominee. However, increasingly since the 1910s, the process became more rigorous.

Harold Hitz Burton
in 1946, no nominee has proceeded to a confirmation vote without hearings, and only four nominations that have been put forth have since failed to have hearings (all four of which lapsed or were withdrawn without confirmation votes). In more recent confirmations, hearings have often lasted around four or five days.

In more recent practice, between the announcement of the nomination and the start of hearings, the Judiciary Committee undertakes an investigative stage in which committee members and their staffs prepare for the hearings by looking over the background of the nominees and relevant issues. During this stage, nominees are typically prepped by the presidential administration for the hearings, including holding grueling mock-hearings often-dubbed “murder boards”. The nominee also often pays “courtesy call” visits to the offices of individual United States Senators. The American Bar Association's Standing Committee on the Federal Judiciary also usually provides their evaluation of the nominee's qualifications in this period before hearings are held.

Typically, at the end of its reviews of nominations, the Judiciary Committee has reported to the full Senate on the nomination. Often these reports have included either a positive or negative assessment of a nomination. The decision of how the Judiciary Committee reports has been conducted by a vote of its members. Historically, the Judiciary Committee had often published printed volumes outlining its members’ views. However, this has not occurred with any nominations in the 21st century.

Overview of the Judiciary Committee review process

Since 1829, many Supreme Court nominations had been referred to the Senate's Judiciary Committee. In 1868, the Senate adopted a rule that nominations needed to be referred to appropriate standing committees, which has resulted in nearly all subsequent Supreme Court nominations being referred to the Judiciary Committee.[1]

In modern practice, the Judiciary Committee assumes the main responsibility of investigating the qualifications and background of each nominee. Judiciary Committee reviews are not mentioned in the

United States Constitution, but have become an important intermediary process between the nomination of a nominee by a president and a vote on the confirmation.[2] The most recent nomination to face a confirmation vote without first being referred to the Judiciary Committee was the 1941 nomination of James F. Byrnes.[1]

From the late-1960s onwards, the Judiciary Committee's review process has nearly always consisted first of the pre-hearing investigative stage, followed by public hearings, and ending with a committee decision on what recommendation the committee should make to the full Senate.[2]

The period of time between nominations and confirmation are longer in recent decades than they once were. Before the early 1950s, the average period of time between nominations being made and votes on confirmation was 13.2 days. In contrast, for nominations spanning between the 1954 nomination of Earl Warren to the 2020 nomination of Amy Coney Barrett, the average time was 54.4 days.[3]

Pre-hearing investigative stage

In modern practice, the period between the nomination being made and the beginning of hearings is utilized by the committee as an investigative stage.[2] This period of time is, in modern practice, intended to be utilized by the committee members and their staffs to prepare for the hearings by looking over the background of the nominees and issues that are relevant to their nominations.[1][2]

For confirmations with hearings, the amount of time that has passed between the receipt of a nomination by the Senate and the start of the first hearing has differed by nomination. The shortest time interval between these was the four days between the receipt of both the 1932 nomination of

Stanley F. Reed and the 1939 nomination of Felix Frankfurter and the beginning of hearings on the nominations. The longest time interval between these occurrences was the 82 days between the receipt of the 1959 nomination of Potter Stewart and the beginning of hearings on that nomination. The second-longest time interval between those occurrences was the 70 days between the receipt of the 1987 nomination of Robert Bork and the beginning of hearings on that nomination. From the 1960s onwards, the amount of time taken between the receipt of nominations and start of hearings increased over what it had tended to be prior. Prior to 1967 there was a median of only ten days between the receipt of nominations and the beginning of hearings on them. For all nominations between Thurgood Marshall's 1967 nomination and Amy Coney Barrett's 2020 nomination, the median was 27 days between the Senate's receipt of nomination and the beginning of confirmation hearings. Since the 1990s, the Judiciary Committee has typically allowed at least four weeks to elapse between the Senate's receipt of a nomination and the beginning of confirmation hearings.[1] Of the twelve confirmations held since the 1990s, the shortest period between the receipt of the nomination and the start of hearings is the 21 days between the receipt of the 2022 nomination of Ketanji Brown Jackson and the beginning of hearings on her nomination. The second-shortest period between nomination and the start of hearings of the twelve nominations since the start of the 1990s is the 28 that elapsed between the receipt of the 1990 nomination of David Souter and the start of hearings on his nomination.[1][4][5]

Amy Coney Barrett paying a "courtesy call" to Senator Jim Risch amid her 2020 Supreme Court nomination

It has become a long-standing tradition for nominees to, during this stage, pay "courtesy call" visits to individual senators at their offices, including those senators not on the Judiciary Committee. Also, in typical modern practice, during this pre-hearing stage, the American Bar Association's Standing Committee on the Federal Judiciary provides their evaluation of the nominee's qualifications.[2] The American Bar Association has provided its analysis and a recommendation on the professional qualifications to sit on the Supreme Court of every nominee since 1952.[6]

In modern practice, during this period, the presidential administration usually helps to prepare their nominee for hearings by providing them with legal background materials and by holding mock-hearings with the nominee for practice. These mock-hearings are often called "murder boards" in reference to the grueling demand they place on the nominees.[2]

Hearings

Harlan F. Stone testifying at a hearing on his nomination to the Supreme Court on January 28, 1925, the first instance in which a nominee testified at hearings on their own nomination

The first recorded instance in which formal

Louis D. Brandeis, when open door hearings were held.[1][7]

While there was only one recorded instance of a Supreme Court nomination having Judiciary Committee hearings prior to 1916, Judiciary Committee hearings have since become a regular practice for Supreme Court nominations.

Harold Hitz Burton is the most recent nomination to proceed to a confirmation vote without having had formal hearings while before the Senate Judiciary Committee.[1] Since then only four nominations put forth by presidents have gone without hearings. Two of these instances (the 2005 nominations of John Roberts and Harriet Miers to the associate judgeship being vacated by the retiring Sandra Day O'Connor) saw the nominations be withdrawn before hearings could be held. Another instance was when the 1954 nomination of John Marshall Harlan II was referred to committee only to lapse without hearings. The most recent instance was when the 2016 nomination of Merrick Garland lapsed without any Senate action.[1]

A witness giving testimony before the Senate Judiciary Committee during the 1939 hearings on the nomination of Felix Frankfurter to be an associate justice
Ruth Bader Ginsburg giving testimony before the Senate Judiciary Committee during the 1993 hearings on her nomination to be an associate justice

The first nominee to appear before the committee themselves and testify at their own confirmation hearings was

slanderous allegations raised against him.[9]

The modern questioning of nominees on their judicial views arose with the nomination hearings for John Marshall Harlan in 1955. His nomination followed shortly after the landmark Brown v. Board of Education decision by the Supreme Court. Several senators from the Southern United States threatened to obstruct Harlan's confirmation, which persuaded Harlan to provide his testimony at hearings.[11][12] Most nominees since Harlan have appeared before the Judiciary Committee. In the 1950s, 1960s, and part of the 1970, many hearings were perfunctorily. Few hearings saw extended questioning or comments from members of the Judiciary Committee.[10] In these decades, hearings were not lengthy either, with nominees typically only spending a few hours before the committee.[13]

During the late civil rights and post-Watergate eras, hearings began to see more substantive issues be discussed.[10] This, according to Robert Katzmann, "reflects in part the increasing importance of the Supreme Court to interest groups in the making of public policy." With this transformation have come longer confirmation hearings. In 1967, for example, Thurgood Marshall spent about seven hours in front of the committee. In 1987, Robert Bork was questioned for 30 hours over five days, with the hearings as a whole lasting for 12 days.[14] An estimated 150–300 interest groups were involved in the Bork confirmation process.[15]

Hearing for recent nominations have typically lasted four or five days. The Senate may decide to hold additional hearings if a nomination becomes controversial, an example of this being the eleven days of hearings given to the 1983 nomination of Robert Bork.[2] The first hearings to receive gavel-to-gavel television coverage was those for the 1981 nomination of Sandra Day O'Connor.[2]

Hearings tend to examine the background of the nominee, and directly question the nominee about their own work experiences, views on a variety of constitutional issues, and their general judicial philosophy.[16][11] The hearings also tend to include testimony from various outside witnesses both in support and opposition to a nomination.[17] Among them is the American Bar Association.[6]

The table below notes the approximate number of hours that media sources estimate Supreme Court nominees since 2005 (excluding those whose nomination was withdrawn) have spent before the Senate Judiciary Committee for public testimony:

Approximate number of hours of public testimony
from Supreme Court nominees since 2005
Year Nominee # Hours
2005 John Roberts (CJ) 17[18]
2006 Samuel Alito 18[19]
2009 Sonia Sotomayor 12+[20]
2010 Elena Kagan 17[21]
2016 Merrick Garland (NC) 0[22]
2017 Neil Gorsuch 20[23]
2018 Brett Kavanaugh 32+[A][24]
2020 Amy Coney Barrett 20[25]
2022 Ketanji Brown Jackson 24[26]

Reports

First page of the printed report of the Judiciary Committee on the 1916 nomination of Louis Brandeis

The Judiciary Committee generally gives a report to the Senate in modern practice.[1] Typically, the committee meets in open session within a week of the end of hearings in order to determine what their report will be. Typical practice is to report even on nominations the majority of the committee opposes, in order to allow for the full Senate to make a final decision on whether to confirm or not.[2] Without an affirmative vote, a nomination cannot proceed to the floor of the Senate unless the Senate votes to discharge it from the committee. The rarely needed parliamentary procedure of discharging a nomination from committee was used to move the 2022 nomination of Ketanji Brown Jackson forward after the Judiciary Committee deadlocked along party lines in a vote on whether to give it a favorable recommendation.[27][28]

While early reports typically did not include an assessment or recommendation, it had since become common practice for reports to.[1] The 1991 nomination of Clarence Thomas was the most recent instance in which the Judiciary Committee voted to report without a recommendation (which it did only after an earlier committee vote on whether to report positively on his nomination had failed to pass).[1] The most recent instance where no recommendation was given, however, was the 2022 confirmation of Ketanji Brown Jackson, with the aforementioned move by the Senate to vote without a Judiciary Committee recommendation after the committee deadlocked. However, unlike with Thomas' nomination, the move to advance from committee review to full-Senate consideration of the confirmation without a recommendation was not made by a vote of the Judiciary Committee, but rather by a vote of the full Senate.[28]

Seven nominations have received negative committee report (either an “unfavorable” recommendation, an “adverse” report, or a report featuring a “recommendation not to act”). The only two instances in which the Senate has confirmed a nominee that had received a negative committee report were the nominations of Stanley Matthews in 1881 and Lucius Quintus Cincinnatus Lamar in 1888. The most recent instance in which the committee gave a nomination a negative report was the 1987 nomination of Robert Bork, whose nomination was rejected by the Senate.[1]

Only six nominations that have received favorable committee reports have failed to result in a confirmation.[1]

While, previously, the Senate Judiciary Committee regularly provided printed committee reports, from the 2005 nomination of John Roberts onwards, nominations have gone without one. Printed reports were prepared behind closed doors after the committee had held their vote and provided a single volume outlining the views of committee members on the nomination as well as supplemental minority or additional views.[2]

Judiciary Committee chairs

The Judiciary Committee is led by a chair.

Two Judiciary Committee chairs (Martin Van Buren and Joe Biden) would subsequently serve as president of the United States. Both put forward nominations to the Supreme Court during their presidencies. However, of the two, only Biden had any nominations referred to the Judiciary Committee during his tenure as its chair.[1][29]

One Judiciary Committee chair, John J. Crittenden, was subsequently nominated to the Supreme Court. Crittenden was not confirmed, however, as his nomination lapsed after a recommendation from the Judiciary Committee that the Senate not act on the nomination. During Crittenden's tenure as Judiciary Committee chair, no nominations were recorded as having been formally reviewed by the committee. In fact, his own subsequent nomination is the first recorded instance of the committee receiving a nomination for review.[1][29]

Below is a table listing chairs of the Senate Judiciary Committee, with the number of nominations that were referred to the committee during their tenure(s) as chair:

Chairs of the Senate Judiciary Committee
Name Party Tenure Total number of
nominations
referred to
Judiciary
Committee
during tenure
Cumulative
total for
all tenures
Dudley Chase Democratic-Republican 1816–1817 0 0
John J. Crittenden Democratic-Republican 1817–1818 0 0
James Burrill Jr.
Federalist
1818–1819 0 0
William Smith
Democratic-Republican 1819–1823 0 0
Martin Van Buren Democratic-Republican 1823–1828 0 0
John Macpherson Berrien

(first tenure)
Jacksonian 1829–1831 0 7
John Rowan Democratic-Republican 1829–1831 1 1
William L. Marcy Jacksonian 1831–1832 0 0
William Wilkins Jacksonian 1832–1833 0 0
John M. Clayton Anti-Jacksonian 1833–1836 1 1
Felix Grundy Jacksonian 1836–1838 5 5
Garret D. Wall Democratic 1838–1841 0 0
John Macpherson Berrien

(second tenure)
Whig 1841–1845 7 7
Chester Ashley Democratic 1845–1847 3 3
Andrew Butler Democratic 1847–1857 4 4
James A. Bayard Jr. Democratic 1857–1861 1 1
Lyman Trumbull Republican 1861–1872 8 8
George G. Wright Republican 1872 0 0
George F. Edmunds
(first tenure)
Republican 1872–1879 4 12
Allen G. Thurman Democratic 1879–1881 2 2
George F. Edmunds
(second tenure)
Republican 1881–1891 8 12
George Frisbie Hoar

(first tenure)
Republican 1891–1893 2 6
James L. Pugh Democratic 1893–1895 3 3
George Frisbie Hoar

(second tenure)
Republican 1895–1904 4 6
Orville H. Platt Republican 1904–1905 0 0
Clarence D. Clark Republican 1905–1912 6 6
Charles Allen Culberson
Democratic 1912–1919 3 3
Knute Nelson Republican 1919–1923 3 3
Frank B. Brandegee Republican 1923–1924 0 0
Albert B. Cummins Republican 1924–1926 1 1
George W. Norris Republican 1926–1933 4 4
Henry F. Ashurst Democratic 1933–1941 5 5
Frederick Van Nuys Democratic 1941–1945 3 3
Pat McCarran
(first tenure)
Democratic 1945–1947 2 4
Alexander Wiley Republican 1947–1949 0 0
Pat McCarran
(second tenure)
Democratic 1949–1953 2 4
William Langer Republican 1953–1955 3 3
Harley M. Kilgore Democratic 1955–1956 1 1
James Eastland Democratic 1956–1978 16 16
Ted Kennedy Democratic 1978–1981 0 0
Strom Thurmond Republican 1981–1987 3 3
Joe Biden Democratic 1987–1995 6 6
Orrin Hatch
(first tenure)
Republican 1995–2001 0 0
Patrick Leahy
(first tenure)
Democratic 2001 0 2
Orrin Hatch
(second tenure)
Republican 2001 0 0
Patrick Leahy
(second tenure)
Democratic 2001–2003 0 2
Orrin Hatch
(third tenure)
Republican 2003–2005 0 0
Arlen Specter Republican 2005–2007 4 4
Patrick Leahy
(third tenure)
Democratic 2007–2015 2 2
Chuck Grassley Republican 2015–2019 3 3
Lindsey Graham Republican 2019–2021 1 1
Dick Durbin Democratic 2021–present 1 1
General sources:[1][29]

Actions on nominations by other committees prior to the creation of the Senate Judiciary Committee

Nominee Nominated by Senate
majority
party
Committee action Subsequent action/
outcome
President Party Committee Committee chair Public hearing date(s) Final vote date Final vote
Alexander Wolcott Madison Dem-Rep Dem-Rep Select committee No record of hearing February 13, 1811 Reported Rejected by Senate (9–24) on February 13, 1811
General source:[1][30]

List of Judiciary Committee actions

The following is a list of Senate Judiciary Committee actions on nominations for the Supreme Court of the United States. Excluded from this list are nominations for which there either was no committee referral or for which no record exists of any committee referral.

Nominee Nominated by Senate
majority
party
Committee action Subsequent action/
outcome
President Party Committee chair Public hearing date(s) Final vote date Final vote
John J. Crittenden J. Q. Adams Rep (A-C) Rep (J-C) John Rowan No record of hearing January 26, 1829 Reported with recommendation not to act Postponed by Senate (23–17)[B] on February 12, 1829
James Moore Wayne
Jackson Democratic
Natl Rep
John M. Clayton No record of hearing January 9, 1835 Reported Confirmed by voice vote on January 9, 1835
Roger B. Taney (second nomination) Democratic Felix Grundy No record of hearing January 5, 1836 Reported Confirmed (29–15) on March 15, 1836
Philip P. Barbour No record of hearing January 5, 1836 Reported Confirmed (30–11) on March 15, 1836
John Catron No record of hearing March 8, 1937 Reported Confirmed (23–18) on March 8, 1937
William Smith
No record of hearing March 8, 1937 Reported Confirmed (28–15) on March 8, 1937
John McKinley[C] Van Buren No record of hearing September 25, 1937 Reported Confirmed by voice vote on September 25, 1837
John C. Spencer Tyler None Whig
John Macpherson Berrien
No record of hearing January 30, 1844 Reported Rejected by Senate (21–26) on January 31, 1844
Reuben Walworth No record of hearing June 14, 1844 Reported Tabled (postponed) by Senate on June 15, 1844 (27–20); nomination withdrawn on June 17, 1844
Edward King No record of hearing June 14, 1844 Reported Tabled (postponed) by Senate on June 15, 1844 (29–18)
Reuben Walworth No record of hearing January 21, 1845 Reported Tabled (postponed) by Senate on January 21, 1845; nomination withdrawn on February 6, 1845
Edward King No record of hearing January 21, 1845 Reported Tabled (postponed) by Senate on January 21, 1845; nomination withdrawn on February 8, 1845
Samuel Nelson No record of hearing February 8, 1845 Reported Confirmed by voice vote on February 14, 1845
John M. Read No record of hearing February 14, 1845 Reported Lapsed
Levi Woodbury[C] Polk Democratic Democratic Chester Ashley No record of hearing January 3, 1846 Reported Confirmed by voice vote on January 3, 1846
George Woodward No record of hearing January 20, 1846 Reported Rejected by Senate (20–29) on January 22, 1846
Robert Cooper Grier No record of hearing August 4, 1846 Reported Confirmed by voice vote on August 4, 1846
Benjamin R. Curtis[C] Fillmore Whig Andrew Butler No record of hearing December 23, 1851 Reported Confirmed by voice vote on December 23, 1851
Edward A. Bradford No record of hearing August 30, 1852 Reported Tabled by Senate; lapsed
William C. Micou No record of hearing N/A On February 24, 1853 (the same day the Senate referred the nomination to committee), the Senate ordered the committee to discharge the nomination Lapsed
John A. Campbell Pierce Democratic No record of hearing March 22, 1853 Reported Confirmed by voice vote on March 22, 1853
Nathan Clifford Buchanan James A. Bayard Jr. No record of hearing December 9, 1857 Reported Confirmed (26–23) on January 12, 1858
Noah Haynes Swayne Lincoln Republican Republican Lyman Trumbull No record of hearing February 6, 1861 Reported Confirmed (38–1) on January 24, 1862
David Davis[C] No record of hearing December 5, 1862 Reported Confirmed by voice vote on December 8, 1862
Stephen Johnson Field No record of hearing March 9, 1863 Reported Confirmed by voice vote on March 10, 1863
Henry Stanbery A. Johnson Natl Union No record of hearing N/A Referred to Judiciary Committee on April 16, 1866, but no record exists of any committee vote Lapsed[D]
Ebenezer R. Hoar Grant Republican No record of hearing December 22, 1869 Reported adversely Rejected by Senate (24–33) on February 3, 1870
William Strong No record of hearing February 14, 1870 Reported favorably Confirmed by voice vote on February 18, 1870
Joseph P. Bradley No record of hearing February 14, 1870 Reported favorably Confirmed (46–9) on March 21, 1870
Ward Hunt No record of hearing December 11, 1872 Reported favorably Confirmed by voice vote on December 11, 1872
George Henry Williams George F. Edmunds No record of hearing December 11, 1873 Reported favorably Recommitted (returned to the committee) on December 15, 1873; nomination withdrawn on January 8, 1874
Closed hearings on Dec 16 and 17, 1873 N/A
Caleb Cushing No record of hearing January 9, 1874 Reported favorably Nomination withdrawn on January 13, 1874
Morrison Waite No record of hearing January 20, 1874 Reported favorably Confirmed (63–0) on January 21, 1874
John Marshall Harlan Hayes No record of hearing November 26, 1877 Reported favorably Confirmed by voice vote on November 29, 1877
William Burnham Woods Democratic Allen G. Thurman No record of hearing December 20, 1880 Reported favorably Confirmed (39–8) on December 21, 1880
Stanley Matthews No record of hearing February 7, 1881 Considered Lapsed
No record of hearing February 14, 1881 Postponed
Stanley Matthews Garfield Republican George F. Edmunds No record of hearing May 9, 1881 Reported adversely (6–1) Confirmed (24–23) on May 12, 1881
Horace Gray Arthur Split No record of hearing December 20, 1881 Reported favorably Confirmed (51–5) on December 20, 1881
Roscoe Conkling No record of hearing March 2, 1882 Reported favorably Confirmed[E] (39–12) on March 2, 1882
Samuel Blatchford No record of hearing March 22, 1882 Reported favorably Confirmed by voice vote on March 22, 1882
Lucius Q. C. Lamar II
Cleveland Democratic Republican No record of hearing January 10, 1888 Reported adversely (5–4) Confirmed (32–28) on January 16, 1888
Melville Fuller No record of hearing July 2, 1888 Reported without recommendation Confirmed (41–20) on July 20, 1888
David Josiah Brewer
B. Harrison Republican No record of hearing December 16, 1889 Reported favorably Confirmed (53–11) on December 18, 1889
Henry Billings Brown No record of hearing December 29, 1890 Reported favorably Confirmed by voice vote on December 29, 1890
George Shiras Jr.
George Frisbie Hoar
No record of hearing July 25, 1892 Reported favorably Confirmed by voice vote on July 26, 1892
Howell E. Jackson
No record of hearing February 13, 1893 Reported favorably Confirmed by voice vote on February 18, 1893
William B. Hornblower Cleveland Democratic Democratic James L. Pugh No record of hearing September 25, 1893;
October 25, 1893;
October 30, 1893
Considered Lapsed
William B. Hornblower No record of hearing December 11, 1893;
December 14, 1893;
December 18, 1893
Considered Rejected (24–30) on January 15, 1894
No record of hearing January 8, 1894 Reported adversely
Wheeler H. Peckham No record of hearing February 12, 1894 Committee divided (5–5) in vote on question of reporting favorability; ultimately reported without recommendation Rejected (32–41) on February 16, 1894
Rufus W. Peckham Republican
George Frisbie Hoar
No record of hearing December 9, 1895 Reported favorably Confirmed by voice vote on December 9, 1895
Joseph McKenna McKinley Republican No record of hearing January 13, 1898 Reported favorably Confirmed by voice vote on January 21, 1898
Oliver W. Holmes Jr. T. Roosevelt No record of hearing December 4, 1902 Reported favorably Confirmed by voice vote on December 4, 1902
William R. Day No record of hearing February 19, 1903 Reported favorably Confirmed by voice vote on February 23, 1903
William Henry Moody Clarence D. Clark No record of hearing December 10, 1906 Reported favorably Confirmed by voice vote on December 12, 1906
Horace Harmon Lurton Taft No record of hearing December 16, 1909 Reported favorably Confirmed by voice vote on December 20, 1909
Charles Evans Hughes No record of hearing February 5, 1910 Reported favorably Confirmed by voice vote on May 2, 1910
Willis Van Devanter No record of hearing December 15, 1910 Reported favorably Confirmed by voice vote on December 15, 1910
Joseph Rucker Lamar No record of hearing December 15, 1910 Reported favorably Confirmed by voice vote on December 15, 1910
Mahlon Pitney No record of hearing March 4, 1912 Reported favorably Confirmed (50–26) on March 13, 1912
James C. McReynolds Wilson Democratic Democratic
Charles Allen Culberson
No record of hearing August 19, 1914 Reported favorably Confirmed (44–6) on August 29, 1914
Louis Brandeis Feb. 9–10, 1916;
Feb. 15–18, 1916;
Feb. 24–26, 1916;
Feb. 29 – March 4, 1916;
March 6–8, 1916;
March 14–15, 1916
May 24, 1916 Reported favorably (10–8) Confirmed (47–22) on June 1, 1916
John Hessin Clarke No record of hearing July 24, 1916 Reported favorably Confirmed by voice vote on July 24, 1916
Pierce Butler Harding Republican Republican Knute Nelson No record of hearing November 28, 1922 Reported favorably Lapsed
Pierce Butler Closed hearings held on Dec 12 and 13, 1922 December 18, 1922 Reported favorably Motion to recommit defeated (7–63) on December 21, 1922; confirmed (61–8) on December 21, 1922
Edward Terry Sanford No record of hearing January 28, 1923 Reported favorably Confirmed by voice vote on January 29, 1923
Harlan F. Stone Coolidge Albert B. Cummins Closed hearing held on January 12, 1925 January 21, 1925 Reported favorably Recommitted (returned to committee) on January 26, 1925;
confirmed (71–6) on February 5, 1925
Closed hearing[7] held on January 28, 1925 February 2, 1925 Reported favorably
Charles Evans Hughes Hoover George W. Norris No record of hearing February 10, 1930 Reported favorably (10–2) Motion to recommit defeated (3–49) on February 13, 1930; confirmed (52–26) on February 13, 1930
John J. Parker April 5, 1930 April 21, 1930 Reported adversely Rejected (39–41) on May 7, 1930
Owen Roberts No record of hearing May 19, 1930 Reported favorably Confirmed by voice vote on May 20, 1930
Benjamin N. Cardozo February 19, 1932 February 23, 1932 Reported favorably Confirmed by voice vote on February 24, 1932
Hugo Black F. D. Roosevelt Democratic Democratic Henry F. Ashurst No record of hearing August 16, 1937 Reported favorably (13–4) Confirmed (63–16) on August 17, 1937
Stanley Forman Reed January 20, 1938 January 24, 1938 Reported favorably Confirmed by voice vote on January 25, 1938
Felix Frankfurter Jan. 10–12, 1939 January 16, 1939 Reported favorably Confirmed by voice vote on January 17, 1939
William O. Douglas March 24, 1939 March 27, 1939 Reported favorably Confirmed (62–4) on April 4, 1939
Frank Murphy January 11, 1940 January 15, 1940 Reported favorably Confirmed by voice vote on January 16, 1940
Harlan F. Stone[F] Frederick Van Nuys June 21, 1941 June 23, 1941 Reported favorably Confirmed by voice vote on June 27, 1941
Robert H. Jackson June 21, 1941;
June 23, 1941;
June 27, 1941;
June 30, 1941
June 23, 1941 Reported favorably Confirmed by voice vote on July 7, 1941
Wiley Rutledge January 22, 1943 February 1, 1943 Reported favorably Confirmed by voice vote on February 8, 1943
Harold Hitz Burton
Truman Pat McCarran No record of hearing September 19, 1945 Reported favorably Confirmed by voice vote on September 19, 1945
Fred M. Vinson June 14, 1946 June 19, 1946 Reported favorably Confirmed by voice vote on June 20, 1946
Tom C. Clark Aug. 9–11, 1949 August 12, 1949 Reported favorably Confirmed (73–8) on August 18, 1949
Sherman Minton September 27, 1949 October 3, 1943 Reported favorably (9–2) Motion to recommit defeated on October 4, 1949; confirmed (48–16) on October 4, 1949
Earl Warren[C] Eisenhower Republican Republican William Langer February 2, 1954;
February 19, 1954
February 24, 1954 Reported favorably (12–3) Confirmed by voice vote on March 1, 1954
John Marshall Harlan II No hearing held N/A Referred to Judiciary Committee on September 9, 1945, but no record exists of any committee vote Lapsed
John Marshall Harlan II Democratic Harley M. Kilgore February 25, 1955 March 10, 1955 Reported favorably (10–4) Confirmed (71–11) on March 16, 1955
William J. Brennan Jr.[C]
James O. Eastland
Feb 26 and 27, 1957 March 4, 1957 Reported favorably Confirmed by voice vote on March 19, 1957
Charles Evans Whittaker March 18, 1957 March 19, 1957 Reported favorably Confirmed by voice vote on March 19, 1957
Potter Stewart[C] Apr 9 and 14, 1959 May 5, 1959 Reported favorably (12–3) Confirmed (70–17) on May 5, 1959
Byron White Kennedy Democratic April 11, 1962 April 11, 1962 Reported favorably Confirmed by unanimous consent on April 11, 1962
Arthur Goldberg Sep 11 and 13, 1962 September 25, 1962 Reported favorably Confirmed by unanimous consent on September 25, 1962
Abe Fortas L. Johnson August 5, 1965 August 10, 1965 Reported favorably Confirmed by unanimous consent on August 11, 1965
Thurgood Marshall July 13, 14, 18, 19 and 24, 1967 August 3, 1967 Reported favorably (11–5) Confirmed (69–11) on August 30, 1967
Abe Fortas[F] Jul 11 and 12, 1968;
Jul. 16–20, 1968;
Jul 22 and 23, 1968;
September 13, 1968
September 16, 1968
September 17, 1968 Reported favorably (11–6) Cloture motion rejected (45–43) on October 1, 1968; nomination withdrawn[G] on October 2, 1968
Homer Thornberry Jul 11 and 12, 1968;
Jul. 16–20, 1968;
Jul 22 and 23, 1968;
September 13, 1968
September 16, 1968
N/A No committee vote taken Nomination withdrawn on October 2, 1968
Warren E. Burger Nixon Republican June 3, 1969 June 3, 1969 Reported favorably Confirmed (74–3) on June 9, 1969
Clement Haynsworth Sep. 16–19, 1969;
Sep. 23–26, 1969
October 9, 1969 Reported favorably (10–7) Rejected (45–55) on November 21, 1969
G. Harrold Carswell Jan. 7–9, 1970;
Feb 2 and 3, 1970
February 16, 1970 Reported favorably (13–4) Rejected (45–51) on April 8, 1970
Harry Blackmun April 29, 1970 May 6, 1970 Reported favorably (17–0) Confirmed (94–0) on May 12, 1970
Lewis F. Powell Jr. Nov 3 and 4, 1971;
Nov. 8–10, 1971
November 23, 1971 Reported favorably (17–0) Confirmed (89–1) on December 6, 1971
William Rehnquist Nov 3 and 4, 1971;
Nov. 8–10, 1971
November 23, 1971 Reported favorably (12–4) Confirmed (68–26) on December 10, 1971
John Paul Stevens Ford Dec. 8–10, 1975 December 11, 1975 Reported favorably (13–0) Confirmed (98–0) on December 17, 1975
Sandra Day O'Connor Reagan Republican Strom Thurmond Sep. 9–11, 1981 September 15, 1981 Reported favorably (17–1) Confirmed (99–0) on September 21, 1981
William Rehnquist[F] Jul. 29 – August 1, 1986 August 14, 1986 Reported favorably (13–5) Confirmed (65–33) on September 17, 1986
Antonin Scalia Aug 5 and 6, 1986 August 14, 1986 Reported favorably (18–0) Confirmed (98–0) on September 17, 1986
Robert Bork Democratic Joe Biden Sep. 15–19, 1987;
Sep. 21–23, 1987;
September 25, 1987;
Sep. 29–30, 1987
October 6, 1987 Motion to report favorably rejected (5–9); reported unfavorably (9–5) Rejected (42–58) on October 23, 1987
Anthony Kennedy Dec. 14–16, 1987 January 27, 1988 Reported favorably (14–0) Confirmed (97–0) on February 3, 1988
David Souter G. H. W. Bush Sep 13 and 14, 1990;
Sep. 17–19, 1990
September 27, 1990 Reported favorably (13–1) Confirmed (90–9) on October 2, 1990
Clarence Thomas Sep. 10–13, 1991;
Sep. 16–17, 1991;
Sep 19 and 20, 1991;
Oct. 11–13, 1991
September 27, 1991 Motion to report favorably failed (7–7); reported without recommendation (13–1) Confirmed (52–48) on October 15, 1991
Ruth Bader Ginsburg Clinton Democratic Jul, 20–23, 1993 July 29, 1993 Reported favorably (18–0) Confirmed (96–3) on August 3, 1993
Stephen Breyer Jul. 12–15, 1994 July 19, 1994 Reported favorably (18–0) Confirmed (87–9) on July 29, 1994
John Roberts G. W. Bush Republican Republican Arlen Specter No hearing held N/A Nomination referred to Judiciary Committee on July 29, 2005. No committee vote taken. Nomination withdrawn on September 6, 2005
John Roberts Sep. 12–15, 2005 September 22, 2005 Reported favorably (13–5) Confirmed (78–22) on September 29, 2005
Harriet Miers No hearing held N/A Nomination referred to Judiciary Committee on October 7, 2005. No committee vote taken. Nomination withdrawn on October 28, 2005
Samuel Alito Jan. 9–13, 2006 January 24, 2006 Reported favorably (10–8) Confirmed (58–42) on January 31, 2006
Sonia Sotomayor Obama Democratic Democratic Patrick Leahy Jul. 13–16, 2009 July 28, 2009 Reported favorably (13–6) Confirmed (68–31) on August 6, 2009
Elena Kagan Jun. 28 – Jul 1, 2010 July 20, 2010 Reported favorably (13–6) Confirmed (63–37) on August 5, 2010
Merrick Garland Republican Chuck Grassley No hearing held N/A Nomination referred to Judiciary Committee on March 16, 2016. No committee vote taken. Lapsed
Neil Gorsuch Trump Republican Mar. 20–23, 2017 April 3, 2017 Reported favorably (11–9) Confirmed (54–45) on April 7, 2017
Brett Kavanaugh Sep. 4–7, 2018;
September 27, 2018
September 28, 2018 Reported favorably (11–9) Confirmed (50–48) on October 6, 2018
Amy Coney Barrett Lindsey Graham Oct. 12–15, 2020 October 22, 2020 Reported favorably (12–0)[H] Confirmed (52–48) on October 26, 2020
Ketanji Brown Jackson Biden Democratic Democratic Dick Durbin March 21–24, 2022[5][31] April 3, 2022[32] Motion to report favorably deadlocked (11–11), thus failing.[32] Senate subsequently voted 53–47 on April 4, 2022, to discharge the nomination from committee[33] Confirmed 53–47 on April 7, 2022
General sources:[1][2][29][30][34]

Motions to refer nominations to the Judiciary Committee

Several times the Senate has held votes on whether to have the Judiciary Committee review a nomination.

Motions to recommit

Several votes have been held on whether to return a nomination to committee for further review.

Nominee Nominated by Recommitting vote Cite
President Party of President Date of vote Outcome "Yea" votes "Nay" votes Majority party Vote by party
Total % Total % Democratic Republican Other Parties
Total "yaes" Total "nays" Total "yaes" Total "nays" Party name Total "yaes" Total "nays"
George Henry Williams Grant Republican December 15, 1873 Recommitted Voice vote Republican
Pierce Butler Harding December 21, 1922 Motion defeated 7 10.00% 63 90.00%
Harlan F. Stone Coolidge January 26, 1925 Recommitted Voice vote [35]
Charles Evans Hughes Hoover February 13, 1930 Motion defeated 31 38.75% 49 61.25% 19 11 12 38 Farmer-Labor 0 0 [36]
Hugo Black F. D. Roosevelt Democratic August 17, 1937 Motion defeated 15 18.52% 66 81.48% Democratic 6 59 9 5 Farmer-Labor 0 1 [37]
Wisconsin Progressive 0 1
Independents 0 0
Sherman Minton Truman October 4, 1949 Motion defeated 21 27.63% 45 59.21% 2 36 19 9 [38]
General source:[1]

Other motions

The 1826 nomination of Robert Trimble by John Quincy Adams saw a successful effort to first refer the nomination to the Judiciary Committee, with the Senate voting to reject the motion to do so. The Senate defeated a motion to refer this nomination to the Judiciary Committee by a 7–25 vote on May 9, 1826. The Senate confirmed the nomination later that day.[1]

Nominations that were not referred to the Judiciary Committee

The following outlines United States Supreme Court nominations that were not referred to the Judiciary Committee

Nominations predating the creation of the Judiciary Committee

List of nominations predating the creation of the Judiciary Committee
Nominee Nominated by Senate
majority
party
Outcome
President Party
John Jay Washington None
Pro Admin
Confirmed by voice vote on September 26, 1789
John Rutledge Confirmed by voice vote September 26, 1789
William Cushing Confirmed by voice vote on September 26, 1789
James Wilson
Confirmed by voice vote on September 26, 1789
John Blair Jr. Confirmed by voice vote on September 26, 1789
Robert H. Harrison Confirmed[E] by voice vote on September 26, 1789
James Iredell Confirmed by voice vote on February 10, 1790
Thomas Johnson[C]
Confirmed by voice vote on November 7, 1791
William Paterson Nomination withdrawn on February 28, 1793
William Paterson Confirmed by voice vote on March 4, 1793
John Rutledge[C] Federalist Rejected (10–14) on December 15, 1795[39]
William Cushing[F] Confirmed[I] by voice vote on January 27, 1796
Samuel Chase Confirmed by voice vote on January 27, 1796
Oliver Ellsworth Confirmed (21–1) on March 4, 1796[40]
Bushrod Washington[C] J. Adams Federalist Confirmed by voice vote on December 20, 1798
Alfred Moore Confirmed by voice vote on December 10, 1799
John Jay Confirmed[E] by voice vote on December 19, 1800
John Marshall Confirmed by voice vote on January 27, 1801
William Johnson Jefferson Dem-Rep Dem-Rep Confirmed by voice vote on March 24, 1804
Henry B. Livingston[C] Confirmed by voice vote on December 17, 1806
Thomas Todd Confirmed by voice vote on March 2, 1807
Levi Lincoln Sr. Madison Confirmed[E] by voice vote on January 3, 1811
Alexander Wolcott Rejected (9–24) on February 13, 1811[41]
John Quincy Adams Confirmed[E] by voice vote on February 22, 1811
Joseph Story Confirmed by voice vote on November 18, 1811
Gabriel Duvall Confirmed by voice vote on November 18, 1811
General sources:[1]

After the creation of the Judiciary Committee

List of nominations that were not referred to the Judiciary Committee
Nominee Nominated by Senate
majority
party
Outcome
President Party
Smith Thompson[C] Monroe Dem-Rep Dem-Rep Confirmed by voice vote on December 9, 1823
Robert Trimble J. Q. Adams Adams Rep Jacksonian Confirmed (27–5) on May 9, 1826
John McLean Jackson Jacksonian Confirmed by voice vote on March 7, 1829
Henry Baldwin Confirmed (41–2) on January 6, 1830[42]
Roger B. Taney (first nomination) Democratic
Natl Rep
Postponed (23–22) on March 3, 1835[43]
Peter Vivian Daniel
Van Buren Democratic Confirmed (25–5) on March 2, 1841[44]
George E. Badger Fillmore Whig Postponed (26–15) on February 11, 1853[45]
Jeremiah S. Black Buchanan Democratic Lapsed[J]
Samuel Freeman Miller Lincoln Republican Republican Confirmed by voice vote on July 16, 1862
Salmon P. Chase Confirmed by voice vote on December 6, 1864
Edwin Stanton Grant Confirmed[K] (46–11) by voice vote on December 20, 1869[47]
Edward D. White Cleveland Democratic Democratic Confirmed by voice vote on February 19, 1894
Edward D. White[F] Taft Republican Republican Confirmed by voice vote on December 12, 1910
William Howard Taft Harding Confirmed by voice vote on June 30, 1921
George Sutherland Confirmed by voice vote on September 5, 1922
James F. Byrnes F. D. Roosevelt Democratic Democratic Confirmed by voice vote on June 12, 1941
General sources:[1]

Notes

  1. ^ Kavanaugh testified for more than 32 hours during the initial September 4–7, 2018 public hearing on his nomination. He then also testified for several hours in public on September 27, 2018, on sexual-misconduct allegations made against him by Christine Blasey Ford.[24]
  2. ^ Senate voted to postpone taking action on this nomination, effectively eliminating any prospect of confirmation.
  3. ^ a b c d e f g h i j k l Nominee was serving on the Court under a recess appointment when the nomination was made.
  4. ^ On July 23, 1866, Andrew Johnson signed the Judicial Circuits Act into law. The Act, which provided for the gradual elimination of several seats on the Supreme Court, effectively voided Stanbery's nomination, and ultimately denied Johnson the opportunity of placing any justices on the Supreme Court.
  5. ^ a b c d e Declined to serve.
  6. ^ a b c d e Incumbent associate justice nominated for chief justice. Such appointments are subject to a separate confirmation process.
  7. ^ Nominee continued to serve as an associate justice.
  8. ^ Democratic members of committee boycotted the committee's hearings and vote
  9. ^ Declined and continued to serve as an associate justice.
  10. ^ A motion to bring the nomination up for discussion was defeated 25–26 on February 21, 1861.[46]
  11. ^ Died prior to becoming a member of the Court.

References

  1. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z McMillion, Barry J.; Rutkus, Denis Steven (July 6, 2018). "Supreme Court Nominations, 1789 to 2017: Actions by the Senate, the Judiciary Committee, and the President" (PDF). Washington, D.C.: Congressional Research Service. Retrieved March 9, 2022.
  2. ^ a b c d e f g h i j k "Supreme Court Appointment Process: Consideration by the Senate Judiciary Committee". crsreports.congress.gov. Congressional Research Service. February 22, 2021. Retrieved April 21, 2022.
  3. ^ DeSilver, Drew (February 7, 2022). "Up until the postwar era, U.S. Supreme Court confirmations usually were routine business". Pew Research Center. Retrieved April 21, 2022.
  4. ^ "Press Release: Nominations Sent to the Senate" (Press release). Washington, D.C.: The White House. February 28, 2022. Public Domain This article incorporates text from this source, which is in the public domain.
  5. ^ a b Sneed, Tierney; Chowdhury, Maureen; Macaya, Melissa; Berman, Dan (March 21, 2022). "Ketanji Brown Jackson's confirmation hearing: Day 1". CNN. Retrieved April 18, 2022.
  6. ^ a b Bahn, Josephine (Jo). "How Do Supreme Court Nominations Work?". After the Bar: Essentials. American Bar Association.
  7. ^ a b c d e f g h Waxman, Olivia B. (September 6, 2018). "Supreme Court Confirmation Hearings Weren't Always Such a Spectacle. There's a Reason That Changed". Yahoo! News. Retrieved April 18, 2022.
  8. ^ "The Time Vault: September 27, 1937". Time. September 27, 1937. Retrieved April 18, 2022.
  9. ^ a b Curry, Tom (November 5, 2005). "A guide to the Supreme Court nomination". NBC News. Retrieved March 20, 2022.
  10. ^ a b c Bomboy, Scott (March 13, 2017). "Early Supreme Court hearings little resembled their modern counterparts". Constitution Daily. Philadelphia, Pennsylvania: National Constitution Center. Retrieved March 20, 2022.
  11. ^ a b Carter, Stephen L. (May 9, 2009). "Let the Nominee Stay Home". The New York Times. Retrieved May 14, 2019.
  12. ^ "About Judicial Nominations: Historical Overview". Washington, D.C.: United States Senate. Retrieved March 13, 2022.
  13. ^ "Republicans Speak of Respect of Roberts's Peers, and Democrats Issue Warnings". The New York Times. September 16, 2005. Retrieved April 9, 2022.
  14. . Retrieved April 9, 2022.
  15. ^ Guliuzza III, Frank; Reagan, Daniel J.; Barrett, David M. (1992). "Character, Competency, and Constitutionalism: Did the Bork Nomination Represent a Fundamental Shift in Confirmation Criteria?". Marquette Law Review. 75 (2): 409–437. Retrieved March 16, 2022.
  16. ^ Rouan, Rick (January 26, 2022). "What is the process for Supreme Court nominations? Here's what's next and how long it could take". USA Today. Retrieved March 13, 2022.
  17. ^ McMillion, Barry J. (February 22, 2021). Supreme Court Appointment Process: Consideration by the Senate Judiciary Committee (PDF) (Report). Washington, D.C.: Congressional Research Service. Retrieved March 7, 2022.
  18. ^ Jost, Kenneth (September 15, 2005). "Roberts' Confirmation Hearings Conclude". NPR. Retrieved April 9, 2022.
  19. ^ Liptak, Adam (January 13, 2006). "Few Glimmers of How Conservative Judge Alito Is". The New York Times. Retrieved October 15, 2020.
  20. ^ "Sotomayor ends Senate testimony". The Macomb Daily. AP. July 16, 2009. Retrieved June 25, 2022.
  21. ^ Doyle, Michael; Lightman, David (July 3, 2010). "Kagan hearings delivered a little something for everyone". The Seattle Times. Retrieved June 25, 2022.
  22. ^ Trickey, Erick (September 25, 2020) [March 20, 2017]. "The History of 'Stolen' Supreme Court Seats". Smithsonian. Retrieved March 10, 2022.
  23. ^ Flegenheimer, Matt; Liptak, Adam; Savage, Charlie; Hulse, Carl (March 23, 2017). "Gorsuch Completes His 20-Hour Test. So how did he do?". The New York Times. Retrieved April 9, 2022.
  24. ^ a b Paschal, Olivia; Carlisle, Madeleine (September 27, 2018). "The 17 Most Striking Moments From the Kavanaugh Hearing". The Atlantic. Retrieved April 9, 2022.
  25. ^ Walsh, Deirdre (October 15, 2020). "Takeaways From Amy Coney Barrett's Judiciary Confirmation Hearings". NPR. Retrieved April 5, 2022.
  26. ^ Martin, Gary (April 7, 2022). "Ketanji Brown Jackson confirmed to the Supreme Court". Las Vegas Review-Journal. Retrieved April 9, 2022.
  27. ^ Cathey, Libby (April 4, 2022). "Senate forces Jackson nomination out of committee with bipartisan vote". ABC News. Retrieved April 7, 2022.
  28. ^ a b Hayes, Mike (April 4, 2022). "Live updates: Jackson nomination advances after Senate committee deadlocks". CNN. Retrieved April 18, 2022.
  29. ^ a b c d "Previous Committee Chairmen | United States Senate Committee on the Judiciary". www.judiciary.senate.gov. United States Senate Committee on the Judiciary. Retrieved March 4, 2022.
  30. ^ a b "Party Division". Washington, D.C.: Office of the Secretary, United States Senate. Retrieved May 14, 2019.
  31. ^ Wagner, John; Wang, Amy B.; Alfaro, Mariana; Scott, Eugene; Sonmez, Felicia (March 24, 2022). "Confirmation hearings for Jackson conclude after testimony from outside witnesses". Washington Post. Retrieved April 18, 2022.
  32. ^ a b Durkee, Alison. "Ketanji Brown Jackson Supreme Court Vote Deadlocks In Senate Committee—Here's Why She'll Still Be Confirmed". Forbes. Retrieved April 18, 2022.
  33. ^ "Collins, Murkowski, Romney help break deadlock on Jackson's nomination". The Hill. April 4, 2022. Retrieved April 4, 2022.
  34. ^ Capps, Meredith (December 22, 2021). "Research Guides: Supreme Court Nominations and Background Information from ProQuest: Nomination Hearings". researchguides.library.vanderbilt.edu. Vanderbilt University. Retrieved October 28, 2022.
  35. ^ "SENATE IN SECRET SENDS STONE'S NAME BACK TO COMMITTEE; Motion Is Made by Wheeler After a Conference at the White House. COMMITTEE TO HEAR STONE Attorney General Is Expected to Explain His New Move to Reindict Senator. DELAY ACTION ON WARREN Senators Wrangle in Executive Session Over "Leaks" of Proceedings Behind Closed Doors. SENDS STONE'S NAME BACK TO COMMITTEE". The New York Times. January 27, 1925. Retrieved March 13, 2022.
  36. ^ "TO RECOMMIT TO THE COMMITTEE ON THE JUDICIARY THE NOMINATION … -- Senate Vote #174 -- Feb 13, 1930". GovTrack.us. Retrieved March 13, 2022.
  37. ^ "TO RECOMMIT THE NOMINATION OF HUGO BLACK TO THE SUPREME … -- Senate Vote #70 -- Aug 17, 1937". GovTrack.us. Retrieved March 13, 2022.
  38. ^ "NOMINATION OF JUDGE SHERMAN MINTON TO BE ASSOC. JUDGE OF … -- Senate Vote #207 -- Oct 4, 1949". GovTrack.us. Retrieved March 13, 2022.
  39. ^ Lewis et al., 4th Congress Senate Vote 18 (1795).
  40. ^ Lewis et al., 4th Congress Senate Vote 27 (1796).
  41. ^ Lewis et al., 11th Congress Senate Vote 150 (1811).
  42. ^ Lewis et al., 21st Congress Senate Vote 24 (1830).
  43. ^ Lewis et al., 23rd Congress Senate Vote 221 (1835).
  44. ^ Lewis et al., 26th Congress Senate Vote 315 (1841).
  45. ^ Tauberer, Senate Vote #267 in 1853 (32nd Congress).
  46. ^ Lewis et al., 36th Congress Senate Vote 515 (1861).
  47. ^ Lewis et al., 41st Congress Senate Vote 92 (1869).