Unsuccessful Nominations To The Supreme Court of The United States - Lyndon B. Johnson

Lyndon B. Johnson

Johnson nominated Abe Fortas, then an associate justice, for Chief Justice. Controversy ensued regarding Fortas's extrajudicial activities, and at Fortas's request, Johnson withdrew the nomination prior to a vote of the full Senate. Earl Warren continued to serve as Chief Justice through the 1968 election. The succeeding President, Nixon, nominated Warren Burger, who was promptly confirmed.

When Johnson nominated Fortas, he also nominated Homer Thornberry to fill Fortas' seat. Since Fortas withdrew his name from the Chief Justice nomination, but maintained his seat as an Associate Justice (with Earl Warren continuing as Chief Justice), the nomination of Thornberry was void. He was never voted on by the Senate.