Failed Nomination To The Second Circuit
On August 26, 1980, President Jimmy Carter nominated Nickerson to a seat on the United States Court of Appeals for the Second Circuit to replace Judge Murray Gurfein, who had died in 1979. However, given that the nomination occurred after the unofficial Thurmond Rule governing judicial nominations during presidential election years, the Senate never took up Nickerson's nomination. President Ronald Reagan chose instead to nominate Lawrence W. Pierce to the seat in September 1981. Pierce was confirmed by the U.S. Senate in November 1981.
Read more about this topic: Eugene Nickerson
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“The confirmation of Clarence Thomas, one of the most conservative voices to be added to the [Supreme] Court in recent memory, carries a sobering message for the African- American community.... As he begins to make his mark upon the lives of African Americans, we must acknowledge that his successful nomination is due in no small measure to the support he received from black Americans.”
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