Lyndon B. Johnson Supreme Court Candidates - Thurgood Marshall Nomination

Thurgood Marshall Nomination

On June 13, 1967, President Johnson nominated Marshall to the Supreme Court following the retirement of Justice Tom C. Clark, saying that this was "the right thing to do, the right time to do it, the right man and the right place."

Although Johnson clearly did not have any other choices in mind, his advisers have been reported to have floated other names past him for the seat that eventually went to Marshall. In a group discussion, Johnson's wife, Lady Bird Johnson, noted that "Lyndon has done so much" for blacks, and "why not indeed fill the vacancy with a woman." Arizona Supreme Court Chief Justice Lorna E. Lockwood was the main contender. Also discussed was a California judge, Shirley Hufstedler, whom Johnson later placed on the United States Court of Appeals for the Ninth Circuit. In addition, a Johnson staff member, Larry Temple, had suggested Judge A. Leon Higginbotham, Jr., whom Johnson previously had appointed to the United States Court of Appeals for the Third Circuit. Johnson dismissed Higginbotham as a possibility, telling Temple, "Larry, the only two people who ever heard of Judge Higginbotham are you and his momma."

Marshall was confirmed as an Associate Justice by a Senate vote of 69-11 on August 31, 1967.