Federal Appellate Judge
Hastie received a recess appointment to the U.S. Court of Appeals for the Third Circuit from Harry S. Truman on October 21, 1949—the first African-American appellate judge. Hastie was confirmed by the United States Senate on July 19, 1950, and received commission on July 22, 1950, going on to serve on the Appellate Court for 22 years.
As the first and most distinguished African-American on the Federal bench, Hastie was considered as a possible candidate to be the first African-American Justice of the Supreme Court.
In 1962, President John F. Kennedy considered appointing Hastie to succeed retiring Justice Charles Whittaker. But political calculations prevented Kennedy from making the appointment. On the one hand, an African-American appointee would have faced fierce opposition in the Senate from Southerners such as James Eastland (D-Mississippi), chairman of the Judiciary Committee. On the other hand, on issues other than civil rights, Hastie was considered relatively conservative, and Chief Justice Earl Warren reportedly opined that Hastie would be too conservative as a Justice. Kennedy appointed Byron White instead.
Kennedy remarked that he expected to make several more appointments to the Court in his presidency and that he intended to appoint Hastie to the Court at a later date.
In 1968, Hastie became Chief Judge of the Third Circuit. In 1971, after only three years, he stepped down as Chief Judge, and assumed senior status on May 31, 1971. Hastie died in Philadelphia while playing golf on April 14, 1976. The Third Circuit Library in Philadelphia is named in his honor.
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