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How many SCOTUS nominees have not been confirmed?

President Ronald Reagan speaks to reporters in the White House Briefing Room, July 1, 1987, where he announced the nomination of Appeals Court Judge Robert H. Bork, left, for the Supreme Court position that will be vacated by Justice Lewis Powell. (AP Photo/Charles Tasnadi)

President Ronald Reagan speaks to reporters in the White House Briefing Room, July 1, 1987, where he announced the nomination of Appeals Court Judge Robert H. Bork, left, for the Supreme Court position that will be vacated by Justice Lewis Powell. (AP Photo/Charles Tasnadi)

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(NEXSTAR) — With two Republican senators vowing to confirm Judge Ketanji Brown Jackson to the U.S. Supreme Court, the contentious confirmation period will come to and end. Brown Jackson is expected to be confirmed later this week, becoming the first Black woman to make it to the nation’s highest court.

But Brown Jackson’s journey has been anything if easy or certain.

Using Senate records, we’ve listed other nominees who weren’t so lucky and weren’t confirmed. Often, confirmations would lapse between presidential terms before the Senate was able to hold hearings for various reasons (sometimes for political reasons).

NomineeYearPresidentOutcome
John E. Badger1853FillmoreNo action taken
Jeremiah S. Black1861BuchananNo action taken
Robert Bork1987ReaganRejected
Edward A. Bradford 1852FillmoreNo action taken
Pierce Butler*1922HardingNo action taken
G. Harrold Carswell1970NixonRejected
Caleb Cushing1874GrantWithdrawn
John J. Crittenden1811J. Q. AdamsNo action taken
Abe Fortas1968L.B. JohnsonWithdrawn
Merrick Garland2016ObamaNo action taken
John Marshall Harlan II*1954EisenhowerNo action taken
Clement Haynsworth1969NixonRejected
Ebenezer R. Hoar1869GrantRejected
William B. Hornblower1893, 1893ClevelandNo action taken, Rejected
Edward King1844, 1844TylerNo action taken, Withdrawn
Stanley Matthews*1881HayesNo action taken
William C. Micou1853FillmoreNo action taken
Harriet Miers2005G. W. BushWithdrawn
John J. Parker1930HooverRejected
William Paterson*1793WashingtonWithdrawn
Wheeler Hazard Peckham1894ClevelandRejected
John M. Read1845TylerNo action taken
John Roberts*2005G. W. BushWithdrawn
John Rutledge1795WashingtonRejected
John C. Spencer1844, 1844Tyler, TylerRejected, Withdrawn
Henry Stanbery1866A. JohnsonNo action taken
Roger B. Taney*1835JacksonNo action taken
Homer Thornberry1968L. B. JohnsonWithdrawn
Reuben Walworth1844, 1844, 1844TylerWithdrawn, No action taken, Withdrawn
George Henry Williams1873GrantWithdrawn
Alexander Wolcott1811MadisonRejected
George W. Woodward1845PolkRejected

NOTE: Nominees noted with an * eventually went on to be confirmed via another nomination. The 26 others were never confirmed.

There have also been several nominees who were confirmed but never served. Many ultimately declined: John Quincy Adams, William Cushing, Roscoe Conkling, Robert H. Harrison, John Jay and Levi Lincoln, Sr. Edwin Stanton, nominated by Ulysses S. Grant in 1869, died before he could serve.

Of the nominees who were rejected, the U.S. Senate notes John Parker (1930) was the only rejection for a 74 year period between 1894 and 1968. Garland’s nomination is also significant in that the GOP-controlled Senate refused hearings as there was a forthcoming election — which was a new reasoning. Barbara Perry, the Director of Presidential Studies at the University of Virginia’s Miller Center of Public Affairs, told TIME the reasoning given by Sen. Majority Leader Mitch McConnell isn’t outlined in the Constitution and that about six presidents were able to successfully have nominees confirmed during lame-duck periods.

Altogether, 127 SCOTUS nominees have been confirmed since 1789.

U.S.

Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed

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