Failed Nomination To The Seventh Circuit
On May 28, 1969, President Richard Nixon nominated Bane to a seat on the United States Court of Appeals for the Seventh Circuit to replace Elmer Jacob Schnackenberg, who had died in September 1968. Immediately, Bane's nomination ran into trouble for three reasons. First, Bane had litigation pending on his 1963 tax return because of his attempt to deduct $16,000 for business and entertainment expenses. Deputy Attorney General Richard Kleindienst had asked Bane to attempt a settlement with the Internal Revenue Service, and although Bane had tried unsuccessfully to reach a settlement. With the IRS declining to back down from its position, Bane told the White House he would prefer to litigate the case. In addition, Bane had been alleged to have been anti-semitic because he allowed a Jewish family to be rejected for an apartment by the board of his cooperative apartment building at 209 E. Lake Shore Drive in Chicago. Finally, Bane, in a letter he sent to the president on June 30, 1969 requesting that his nomination be withdrawn, cited "pressing commitments" in his law firm and a growing need for him to remain there.
On October 22, 1969, Nixon formally withdrew Bane's nomination.
On September 22, 1970, Nixon nominated John Paul Stevens to the seat to which he had nominated Bane. Stevens was confirmed by the United States Senate on October 8, 1970, and Stevens eventually went on to a seat on the Supreme Court of the United States.
Bane was the only federal appeals-court nominee of Nixon's entire presidency who was never confirmed. (Two of Nixon's Supreme Court nominees, Clement Haynsworth and G. Harrold Carswell, both were rejected outright by the United States Senate in votes.)
Read more about this topic: Charles A. Bane
Famous quotes containing the words failed, nomination, seventh and/or circuit:
“An earthly dog of the carriage breed;
Who, having failed of the modern speed,
Now asked asylum and I was stirred
To be the one so dog-preferred.”
—Robert Frost (1874–1963)
“Do you know I believe that [William Jennings] Bryan will force his nomination on the Democrats again. I believe he will either do this by advocating Prohibition, or else he will run on a Prohibition platform independent of the Democrats. But you will see that the year before the election he will organize a mammoth lecture tour and will make Prohibition the leading note of every address.”
—William Howard Taft (1857–1930)
“Hearing the low sound
of a cloud scattering rain
at midnight
and thinking for an eternity
on his absent young wife,
a traveller heaved a sigh
and with a flood of tears
howled the whole night long.
Now, villagers won’t let him stay
in their place anymore.”
—Amaru (c. seventh century A.D.)
“We are all hostages, and we are all terrorists. This circuit has replaced that other one of masters and slaves, the dominating and the dominated, the exploiters and the exploited.... It is worse than the one it replaces, but at least it liberates us from liberal nostalgia and the ruses of history.”
—Jean Baudrillard (b. 1929)