PresidentRichard Nixon entered office in 1969 withChief JusticeEarl Warren having announced his retirement from theSupreme Court of the United States the previous year. Nixon appointedWarren E. Burger to replace Earl Warren, and during his time in office appointed three other members of the Supreme Court:Associate JusticesHarry Blackmun,Lewis F. Powell, andWilliam Rehnquist. Nixon also nominatedClement Haynsworth andG. Harrold Carswell for the vacancy that was ultimately filled by Blackmun, but the nominations were rejected by theUnited States Senate. Nixon's failed Supreme Court nominations were the first sinceHerbert Hoover's nomination ofJohn J. Parker was rejected by the Senate.

While Nixon was a candidate for president, the sitting Chief Justice,Earl Warren, had long since become a lightning rod for controversy amongconservatives: signs declaring "Impeach Earl Warren" could be seen around the country throughout the 1960s. The unsuccessful impeachment drive was a major focus of theJohn Birch Society.^[1]

In 1968, then-Chief JusticeEarl Warren announced his retirement after 15 years on the Court, effective on the confirmation of his successor. PresidentLyndon B. Johnson nominated sittingAssociate JusticeAbe Fortas to be elevated to Chief Justice and nominatedHomer Thornberry to take Fortas' Associate Justice seat, but a Senatefilibuster blocked his confirmation. With Johnson's term as President about to expire before another nominee could be considered, Warren remained in office for another Supreme Court term.

In his presidential campaign, Nixon had pledged to appoint a strict constructionist as Chief Justice. Many speculated that PresidentRichard Nixon would elevate sitting JusticePotter Stewart to the post, some going so far as to call him the frontrunner. Stewart, though flattered by the suggestion, did not want again to appear before and expose his family to the Senate confirmation process. Also, he did not relish the prospect of taking on the administrative responsibilities delegated to the Chief Justice. Accordingly, he met privately with the president to ask for his name to be removed from consideration.^[2] Nixon also offered the position to former New York GovernorThomas E. Dewey, who declined.^[3]

Instead, in 1969, Nixon nominatedWarren E. Burger to the Chief Justice position. Burger had first caught Nixon's eye when the magazineU.S. News & World Report had reprinted a 1967 speech that Burger had given atRipon College, in which he compared the United States judicial system to those ofNorway,Sweden, andDenmark:

I assume that no one will take issue with me when I say that these North European countries are as enlightened as the United States in the value they place on the individual and on human dignity. [Those countries] do not consider it necessary to use a device like ourFifth Amendment, under which an accused person may not be required to testify. They go swiftly, efficiently and directly to the question of whether the accused is guilty. No nation on earth goes to such lengths or takes such pains to provide safeguards as we do, once an accused person is called before the bar of justice and until his case is completed.

Through speeches like this, Burger became known as a critic of Chief Justice Warren and an advocate of a literal,strict-constructionist reading of theU.S. Constitution. Nixon's agreement with these views, being expressed by a readily confirmable, sitting federal appellate judge, led to the appointment.

The Senate confirmed Burger to succeed Warren by a vote of 74—3 on June 9, 1969.^[4] SenatorsEugene McCarthy (DFL-MN),Gaylord Nelson (D-WI) andStephen Young (D-OH) voted against the nomination. SenatorJ. William Fulbright (D-AR) simply voted "present."^[4] In total, 22 senators did not vote on the nomination, with Minority WhipHugh Scott (R-PA) noting that of the senators absent,Marlow Cook (R-KY),Hiram Fong (R-HI),Barry Goldwater (R-AZ),Jacob Javits (R-NY),George Murphy (R-CA),Charles Percy (R-IL) andWinston Prouty (R-VT) would have all voted to pass the nomination.^[4] Burger was sworn in as the new Chief Justice on June 23, 1969.

In 1969, Abe Fortas resigned from the Court due to conflict of interest charges,^[5] creating an opening for Nixon's second nomination to the Court.

Nixon askedLewis F. Powell Jr. to accept a nomination to the Court at that time, but Powell declined his nomination offer at the time. On August 21, 1969, Nixon nominatedClement Haynsworth, then a judge on the Fourth Circuit Court of Appeals.^[6] Haynsworth was opposed byDemocrats (possibly in retaliation for the Republicans' rejection of Fortas as Chief Justice),^[6]Rockefeller Republicans, and theNAACP. He was alleged to have made court decisions favoringsegregation and being reflexively anti-labor. Also, he was accused of ruling in cases where he had a financial interest, although this was never proven. His nomination was supported by theWashington Post, generally considered to be the "liberal" newspaper inWashington, D.C. Haynsworth was later termed a "moderate" who was "close in outlook toJohn Paul Stevens."^[6]

Haynsworth was defeated by a 55 to 45 vote on November 21, 1969. Nineteen Democrats – of whom onlyMike Gravel ofAlaska represented a state outside the South – and 26 Republicans voted for Haynsworth while 38Democrats and seventeenRepublicans voted against the nomination.^[7][8] Haynsworth was the first Supreme Court nominee sinceJohn J. Parker (1930) to be defeated by the Senate.

On January 19, 1970, Nixon nominatedG. Harrold Carswell to the seat. Carswell was praised by SouthernSenators includingRichard B. Russell, Jr., but was criticized by others for the high reversal rate (58%) of his decisions as a District Court Judge. Civil-rights advocates also questioned hiscivil rights record; in 1948, Carswell had voiced support forracial segregation while running for a seat in the Georgia state legislature (in his hometown,Irwinton, Georgia; Carswell did not win the election and moved to Florida where he started his career as a private attorney).

In defense against charges that Carswell was "mediocre",U.S. SenatorRoman Hruska (R-NE) stated, "Even if he is mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they, and a little chance?"^[9][10] That remark is believed to have backfired and damaged Carswell's cause.

On April 8, 1970, theUnited States Senate refused to confirm Carswell's nomination to serve on the Supreme Court. The vote was 51 to 45, with seventeenDemocrats – of whom onlyAlan Bible ofNevada represented a state outsidethe South – and twenty-eightRepublicans voting for Carswell.^[11][12] Thirteen Republicans, all but five fromthe Northeast,^[a] and thirty-eight Democrats voted against him.^[11] Nixon accused Democrats of having an anti-Southern bias as a result.

On April 15, 1970, Nixon nominated MinnesotanHarry Blackmun to fill the Fortas vacancy. Blackmun was confirmed by the Senate by a vote of 94—0 on May 12, 1970.^[13] SenatorsBirch Bayh (D-IN),Al Gore, Sr. (D-TN),Richard Russell, Jr. (D-GA),Barry Goldwater (R-AZ),Karl E. Mundt (R-SD), andJohn Tower (R-TX) did not vote.^[13] Majority WhipTed Kennedy (D-MA) and Minority WhipRobert P. Griffin (R-MI) made public note on the Senate floor that, out of the six senators not in attendance for the vote, all of them would have voted to confirm Blackmun.^[13]

On August 28, 1971, JusticeHugo Black admitted himself to theNational Naval Medical Center inBethesda, Maryland. Black subsequently retired from the Court on September 17, thereafter suffering a stroke and dying eight days later. At the same time, JusticeJohn Marshall Harlan II was suffering from deteriorating health: Harlan retired from the Supreme Court on September 23, 1971 and died on December 29, 1971.^[14]

Nixon initially intended to nominate Virginia CongressmanRichard Harding Poff, but before Nixon could formally nominate him, Poff withdrew.John Dean wrote that Poff actually made that decision based on concerns that he would thus be forced to reveal to his then-12-year-old son Thomas that he had been adopted. Poff's concern was that the child would be negatively affected by that kind of information if revealed before he was old enough to understand.^[15][16]

In mid-October, Nixon's White House released a list of six potential candidates for the two seats, to whichTime Magazine responded with a scathing editorial,^[17] stating that Nixon had an "opportunity to redress the embarrassment of his two unsuccessful Supreme Court nominations," but that the names released "demonstrated his inability or unwillingness to nominate renowned jurists to the highest tribunal in the land."^[17] The list included: West Virginia SenatorRobert Byrd, Arkansas attorneyHershel Friday, California appeals court judgeMildred Lillie, Fifth Circuit judgePaul Roney, Fifth Circuit judgeCharles Clark, and District of Columbia judgeSylvia Bacon.^[17] Although Byrd's name was on the list, the White House had previously indicated that he was not a serious candidate for the seat.^[17]

Nixon thereafter announced his intention to nominate Hershel Friday to fill Black's seat, and Mildred Lillie to fill Harlan's seat; Lillie would have been the first female nominee to the Supreme Court. Nixon relented after theAmerican Bar Association found both candidates to be unqualified.^[18] Nixon then approachedLewis F. Powell Jr., who had declined the nomination in 1969. Powell remained unsure, but Nixon and his Attorney General,John N. Mitchell, persuaded him that joining the Court was his duty to his nation. Powell and Assistant Attorney GeneralWilliam H. Rehnquist were both nominated on October 21, 1971.

The Senate confirmed Powell by a vote of 89–1 on December 6, 1971.^[19]Fred R. Harris (D-OK) was the only senator to oppose the nomination.^[19] SenatorsWallace F. Bennett (R-UT),Peter H. Dominick (R-CO),David H. Gambrell (D-GA),Hubert Humphrey (DFL-MN),Daniel Inouye (D-HI),Jack Miller (R-IA),Frank Moss (D-UT),Karl E. Mundt (R-SD),Charles Percy (R-IL) andRobert Stafford (R-VT) did not vote.^[19] Majority WhipRobert Byrd (D-WV) announced that, out of the absent Democratic senators, Senators Gambrell, Humphrey, Inouye and Moss would have voted to confirm Powell.^[19] Minority WhipRobert P. Griffin (R-MI) announced that, out of the absent Republican senators, Senators Bennett, Dominick, Percy and Miller would have voted to confirm Powell.^[19]

The Senate confirmation of Rehnquist, a law clerk for the late JusticeRobert H. Jackson, was much more contentious. The loudest concerns were voiced by SenatorsBirch Bayh (D-IN) andPhilip Hart (D-MI), who brought up that Rehnquist's nomination was opposed by a record number of unions and organizations, including theAFL–CIO, theUnited Auto Workers, and theNAACP.^[20] The Senate put the concerns to a vote on December 10, 1971, and Rehnquist's nomination passed by a vote of 68–26.^[20][21] Of the 26 senators voting to kill the nomination, nearly all were Democratic; onlyClifford P. Case (R-NJ),Edward Brooke (R-MA) (the lone African-American senator at the time) andJacob Javits (R-NY) jumped party lines in the vote.^[20] Senate Majority LeaderMike Mansfield (D-MT), after having previously voted "nay," withdrew his vote as a goodwill gesture to Senator Charles Percy, who could not attend the vote; he would have voted "yea" and counteracted Mansfield's vote.^[20] In addition to Percy,Clinton P. Anderson (D-NM),Wallace F. Bennett (R-UT),Karl E. Mundt (R-SD) andMargaret Chase Smith (R-ME) did not vote.^[20] Minority WhipRobert P. Griffin (R-MI) announced that Senator Smith would have voted to confirm Rehnquist.^[20]

With both votes confirmed, Powell and Rehnquist were sworn in on January 7, 1972.

Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Nixon for a Supreme Court appointment:

• Potter Stewart (1915–1985)^[2]

• Court of Appeals for the Second Circuit
  • Henry Friendly^[22] (1903–1986)
  • Walter Mansfield^[23] (1911–1987)
  • William H. Mulligan^[23] (1918–1996)
• Court of Appeals for the Fourth Circuit
  • Clement Haynsworth^[6] (1912–1989)(Nominated but rejected by the Senate)
• Court of Appeals for the Fifth Circuit
  • David W. Dyer^[23] (1910–1998)^[b]
  • G. Harrold Carswell^[9] (1919–1992)(Nominated but rejected by the Senate)
  • Charles Clark^[17][23] (1925–2011)
  • Paul Roney^[17] (1921–2006)
• Court of Appeals for the Eighth Circuit
  • Harry Blackmun (1908–1999)(Nominated and Confirmed)
• Court of Appeals for the Ninth Circuit
  • Shirley M. Hufstedler^[23] (1925–2016) (Hufstedler later served asSecretary of Health, Education and Welfare andSecretary of Education in Carter's cabinet)
• Court of Appeals for the D.C. Circuit
  • Warren E. Burger (1907–1995)(Nominated and Confirmed as Chief Justice)

• Edward Thaxter Gignoux (1916–1988) –United States District Court for the District of Maine^[23]
• Frank Minis Johnson (1918–1999) –United States District Court for the Middle District of Alabama^[24]
• Cornelia Groefsema Kennedy (1923–2014) –United States District Court for the Eastern District of Michigan^[23] (Kennedy was elevated to the 6th Circuit by Carter)
• Harold R. Tyler Jr. (1922–2005) –United States District Court for the Southern District of New York^[23]

• Sylvia Bacon (1931–2023) –District of Columbia Superior Court judge^[17][23]
• Robert Braucher (1916–1981) – Justice of theSupreme Judicial Court of Massachusetts^[23]
• Charles D. Breitel (1908–1991) – Justice of theNew York Court of Appeals^[23][24]
• Harry D. Goldman (1903–1995) – New York appellate judge^[23]
• Mildred Lillie (1915–2002) – California appellate judge^[17][23][24]
• Robert Hugh McWilliams Jr. (1916–2013) – Justice of theSupreme Court of Colorado^[22]
• Paul Reardon (1909–1989) – Justice of theSupreme Judicial Court of Massachusetts^[23]
• Susie Marshall Sharp (1907–1996) – Justice of theSupreme Court of North Carolina^[23]

• Howard Baker (1925–2014) — Tennessee^[23]
• Robert Byrd (1917–2010) — West Virginia^[17][23][24]

• Martha W. Griffiths (1912–2003) – Michigan^[23]
• Margaret M. Heckler (1931–2018) – Massachusetts^[23]
• Wilbur Mills (1909–1992) – Arkansas^[22]
• Richard H. Poff (1923–2011) – Virginia^[23][24]

• Spiro Agnew (1918–1996) –Vice President of the United States^[23]
• William H. Brown (born 1928) – chairman of theEqual Employment Opportunity Commission^[23]
• Robert Bork (1927–2012) – Solicitor General^[25](Nominated byRonald Reagan in 1987, butrejected)
• William Rehnquist (1924-2005) – Assistant U.S. Attorney General^[24](Nominated and Confirmed)
• Caspar Weinberger (1917–2006) – director of theBureau of the Budget^[23]

• Alexander M. Bickel (1924–1974) – professor of law,Yale Law School^[23]
• Philip B. Kurland (1921–1996) – professor of law,University of Chicago Law School^[22]
• Soia Mentschikoff (1915–1984) – professor of law,University of Chicago Law School^[23]
• Dorothy Wright Nelson (born 1928) – professor of law,University of Southern California Law School^[23]
• Ellen Peters (1930–2024) – professor of law,Yale Law School^[23]
• Charles Alan Wright (1927–2000) – professor of law,University of Texas Law School^[22]

• Constance E. Cook (1919–2009) – New York State Assemblywoman^[23]
• Thomas E. Dewey (1902–1971) – formergovernor of New York and Republican presidential nominee^[3]
• Herschel Friday (1922–1994) – private attorney inLittle Rock, Arkansas^[17][23][24]
• Jason L. Honigman (1904–1990) – private attorney inDetroit, Michigan^[22]
• Jewel Lafontant (1922–1997) – private attorney inChicago, Illinois^[23]
• Lewis F. Powell Jr. (1907–1998) – private attorney inRichmond, Virginia^[24](Nominated and Confirmed)
• William Pullman, private attorney inPhiladelphia, Pennsylvania^[c]
• Charles S. Rhyne (1912–2003) – private attorney in theDistrict of Columbia^[23]
• William French Smith (1917–1990) – private attorney inLos Angeles, California^[23]
• Arlen Specter (1930–2012) – District Attorney ofPhiladelphia^[23]
• Col. Arthur P. Ireland, Judge Advocate (retired), US Army

• United States federal judge
• Judicial appointment history for United States federal courts

• United States Supreme Court candidates by president
• Presidency of Richard Nixon

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