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Unsuccessful nominations to the Supreme Court of the United States information


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The Supreme Court of the United States is the highest-ranking judicial body in the United States. Established by Article III of the Constitution, the detailed structure of the court was laid down by the 1st United States Congress in 1789. Congress specified the Court's original and appellate jurisdiction, created 13 judicial districts, and fixed the initial size of the Supreme Court. The number of justices on the Supreme Court changed six times before settling at the present total of nine in 1869.[1] As of June 2022, a total of 116 justices have served on the Supreme Court since 1789.[2] Justices have life tenure, and so they serve until they die in office, resign or retire, or are impeached and removed from office.

Justices are nominated by the President of the United States and then must be confirmed by the United States Senate, before being officially appointed. A nomination to the Court is considered to be official when the Senate receives a signed nomination letter from the president naming the nominee, which is then entered in the Senate's record. There have been 37 unsuccessful nominations to the Supreme Court of the United States. Of these, 11 nominees were rejected in Senate roll-call votes, 11 were withdrawn by the president, and 15 lapsed at the end of a session of Congress. Six of these unsuccessful nominees were subsequently nominated and confirmed to seats on the Court.[3] Additionally, although confirmed, seven nominees declined office and one died before assuming office.[4]

  1. ^ "The Court as an Institution". supremecourt.gov. Washington, D.C.: Supreme Court of the United States. Retrieved August 8, 2018.
  2. ^ "Frequently Asked Questions on Justices - Supreme Court of the United States".
  3. ^ McMillion, Barry J. (March 8, 2022). Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President (PDF) (Report). Washington, D.C.: Congressional Research Service. Retrieved March 28, 2022.
  4. ^ "Supreme Court Nominations (1789-Present)". senate.gov. Washington, D.C.: United States Senate. Retrieved March 28, 2022.

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