During his two terms in office,

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

Dwight D. Eisenhower nominated five members for the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over Stat ...

: Chief Justice

Earl Warren Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitutio ...

, and

Associate Justices Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ...

John Marshall Harlan John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American lawyer and politician who served as an associate justice of the U.S. Supreme Court from 1877 until his death in 1911. He is often called "The Great Dissenter" due to his ...

, William Brennan,

Charles Evans Whittaker Charles Evans Whittaker (February 22, 1901 – November 26, 1973) was an Associate Justice of the United States Supreme Court from 1957 to 1962. After working in private practice in Kansas City, Missouri, he was nominated for the United States Di ...

, and

Potter Stewart Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to, among other areas ...

. All were confirmed by the Senate.

Earl Warren nomination

Earl Warren Portrait, half figure, seated, facing front, as Governor

Chief Justice Fred Vinson died in office on September 8, 1953. Eisenhower offered the position to former New York Governor

Thomas E. Dewey Thomas Edmund Dewey (March 24, 1902 – March 16, 1971) was an American lawyer, prosecutor, and politician who served as the 47th governor of New York from 1943 to 1954. He was the Republican candidate for president in 1944 and 1948: although ...

, who declined. Eisenhower then appointed

California Governor The governor of California is the head of government of the U.S. state of California. The governor is the commander-in-chief of the California National Guard and the California State Guard. Established in the Constitution of California, the g ...

as Chief Justice on October 5, 1953, by using a

recess appointment In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the President is empowered to nominate, and with the a ...

.Michael Brus
What Is a Recess Appointment?
''

Slate.com ''Slate'' is an online magazine that covers current affairs, politics, and culture in the United States. It was created in 1996 by former '' New Republic'' editor Michael Kinsley, initially under the ownership of Microsoft as part of MSN. In 2 ...

'' (June 14, 1999). In 1952 Warren had stood as a "favorite son" candidate of California for the Republican nomination for President, but withdrew in support of Eisenhower. Warren was reported to have offered to support Eisenhower's campaign in return for an appointment to the Supreme Court at the first possible opportunity. Eisenhower wanted a conservative justice and commented of Warren that "he represents the kind of political, economic, and social thinking that I believe we need on the Supreme Court.... He has a national name for integrity, uprightness, and courage that, again, I believe we need on the Court". Warren was formally nominated on January 11, 1954, and was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and po ...

on March 1, 1954, by

voice vote In parliamentary procedure, a voice vote (from the Latin ''viva voce'', meaning "live voice") or acclamation is a voting method in deliberative assemblies (such as legislatures) in which a group vote is taken on a topic or motion by responding vo ...

.Supreme Court Nominations, 1789-present
''senate.gov''. Rumors that Eisenhower regretted the appointment have been debunked by scholars.

John Marshall Harlan nomination

Following the death of Justice

Robert H. Jackson Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was an American lawyer, jurist, and politician who served as an Associate Justice of the U.S. Supreme Court from 1941 until his death in 1954. He had previously served as Unit ...

on October 9, 1954, Eisenhower nominated

John Marshall Harlan II John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1955 to 1971. Harlan is usually called John Marshall Harlan II to distinguish him ...

on November 9, 1954. Harlan had at the time been sitting on the

United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate ju ...

for only nine months. On being nominated, the reticent Harlan called reporters into his chambers in New York, and stated, in full, "I am very deeply honored." (fee for article) The United States Senate did not initially act on his nomination, and Eisenhower had to renominate Harlan on January 10. Harlan's nomination came shortly after the Supreme Court handed down its landmark decision in ''

Brown v. Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segrega ...

'', declaring segregation in public schools unconstitutional. Chairman of the

United States Senate Committee on the Judiciary The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations ...

James Eastland James Oliver Eastland (November 28, 1904 February 19, 1986) was an American attorney, plantation owner, and politician from Mississippi. A Democrat, he served in the United States Senate in 1941 and again from 1943 until his resignation on De ...

, and several southern senators delayed his confirmation, because they (correctly) believed that he would support desegregation of the schools and

civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...

Dorsen Dorsen is a surname. Notable people with the surname include: * Annie Dorsen (born 1973), American theater director * Norman Dorsen (1930–2017), American attorney, author, and law professor See also * Doreen (given name) Doreen (, DAWR-een), ...

, 2006. Unlike almost all previous Supreme Court nominees, Harlan appeared before the Senate Judiciary Committee to answer questions relating to his judicial views. Every Supreme Court nominee since Harlan has been questioned by the Judiciary Committee before confirmation. The Senate finally confirmed him on March 16, 1955 by a vote of 71–11.

Epstein The surname Epstein ( yi, עפּשטײן, Epshteyn) is one of the oldest Ashkenazi Jewish family names. It is probably derived from the German town of Eppstein, in Hesse; the place-name was probably derived from Gaulish ''apa'' ("water", in the sen ...

, 2005. He took his seat on March 28, 1955.

, 2002, pp. 139–143. Of the eleven senators who voted against his appointment, nine were from the South.

William Brennan and Charles Evans Whittaker nominations

Due to ill health, Justice

Sherman Minton Sherman "Shay" Minton (October 20, 1890 – April 9, 1965) was an American politician and jurist who served as a U.S. senator from Indiana and later became an associate justice of the Supreme Court of the United States; he was a member of the ...

announced his retirement from the Court on October 15, 1956, remarking that " ere will be more interest in who will succeed me than in my passing. I'm an echo."Oyez Project, Supreme Court media, Sherman Minton.
/ref> Minton retired only a month before its traditional opening, and less than a month before the presidential election of 1956, both of which rushed the process to find a replacement. On October 16, 1956, Eisenhower used a recess appoint to seat William Brennan. Presidential advisers thought the appointment of a

Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...

Democrat from the Northeast would woo critical voters in the upcoming election for Eisenhower, a

Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...

. Additionally, Cardinal

Francis Spellman Francis Joseph Spellman (May 4, 1889 – December 2, 1967) was an American bishop and cardinal of the Catholic Church. From 1939 until his death in 1967, he served as the sixth Archbishop of New York; he had previously served as an auxiliary ...

had asked Eisenhower to appoint a Catholic to the court, as the Supreme Court had not had a Catholic justice since the death of

Frank Murphy William Francis Murphy (April 13, 1890July 19, 1949) was an American politician, lawyer and jurist from Michigan. He was a Democrat who was named to the Supreme Court of the United States in 1940 after a political career that included serving ...

in 1949. Brennan gained the attention of Eisenhower's attorney general and chief legal affairs adviser, Herbert Brownell, when Brennan had to give a speech at a conference (as a substitute for New Jersey Supreme Court Chief Justice Vanderbilt).Eisler, a Justice for All, page 85, . To Brownell, Brennan's speech seemed to suggest a marked conservatism, especially on criminal matters. Other factors playing into Brennan's appointment were his Catholicism, his status as a state court judge (no state judge had been appointed to the High Court since

Benjamin Cardozo Benjamin ( he, ''Bīnyāmīn''; "Son of (the) right") blue letter bible: https://www.blueletterbible.org/lexicon/h3225/kjv/wlc/0-1/ H3225 - yāmîn - Strong's Hebrew Lexicon (kjv) was the last of the two sons of Jacob and Rachel (Jacob's th ...

in 1932), and Eisenhower's desire to appear bipartisan after his appointments of justices

and

. Brennan was formally nominated on January 14, 1957. Before Brennan's nomination was considered by the Congress, Justice

Stanley Forman Reed Stanley Forman Reed (December 31, 1884 – April 2, 1980) was an American lawyer and jurist who served as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He also served as U.S. Solicitor General from 1935 to 1938. Born in Ma ...

announced his retirement from the Court on February 25, 1957, citing old age. Reed was 73 years old, but had also begun to feel that the Court's jurisprudential center had shifted too far away from him, and that he was losing his effectiveness. Within a week of Reed's retirement, on March 2, 1957, Eisenhower nominated

to succeed Reed. Both Brennan and Whittaker were confirmed by

in the United States Senate on March 19, 1957.

Potter Stewart nomination

Harold Hitz Burton Harold Hitz Burton (June 22, 1888 – October 28, 1964) was an American politician and lawyer. He served as the 45th mayor of Cleveland, Ohio, as a U.S. Senator from Ohio, and as an Associate Justice of the Supreme Court of the United Sta ...

resigned from the Court due to ill health on October 13, 1958. Five days later, on October 18, 1958, Eisenhower used a recess appointment to seat

on the Court. Eisenhower had previously appointed Stewart to the

United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of ...

, in 1954. Stewart was formally nominated on January 17, 1959, and was confirmed by the United States Senate on May 5, 1959, by a vote of 70–17.

Names mentioned

Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Eisenhower for a Supreme Court appointment:

United States Supreme Court (elevation to Chief Justice)

* Harold H. Burton (1888–1964) *

(1892–1954)

United States Courts of Appeals

US Court of Appeals and District Court map

* Court of Appeals for the Second Circuit **

(1899–1971) — (nominated and confirmed) * Court of Appeals for the Fourth Circuit **

John J. Parker John Johnston Parker (November 20, 1885 – March 17, 1958) was an American politician and United States circuit judge of the United States Court of Appeals for the Fourth Circuit. He was an unsuccessful nominee for associate justice of the Unite ...

(1885–1958) *

Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * Mi ...

Elbert Parr Tuttle Elbert Parr Tuttle (July 17, 1897 – June 23, 1996) was the United States federal judge, Chief United States circuit judge of the United States Court of Appeals for the Fifth Circuit from 1960 to 1967, when that court became known for a series of ...

(1897–1996) * Court of Appeals for the Sixth Circuit **

(1915–1985) — (nominated and confirmed) *

Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts: * Eastern District of Arkansas * Western Distr ...

(1901-1973) — (nominated and confirmed) * Court of Appeals for the Tenth Circuit ** Orie L. Phillips (1885-1974) *

Court of Appeals for the D.C. Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...

** Warren E. Burger (1907-1995) (later nominated as Chief Justice by President Richard Nixon and confirmed) **

John A. Danaher John Anthony Danaher (January 9, 1899 – September 22, 1990) was a United States senator from Connecticut, and a United States federal judge, United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. ...

(1899-1990)

United States District Courts

* George H. Boldt (1903-1984) — Judge,

United States District Court for the Western District of Washington The United States District Court for the Western District of Washington (in case citations, W.D. Wash.) is the federal district court whose jurisdiction comprises the following counties of the state of Washington: Clallam, Clark, Cowlitz, Gray ...

State Supreme Courts

* William J. Brennan Jr. (1906–1997) — Associate Justice,

New Jersey Supreme Court The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging th ...

(nominated and confirmed) *

Arthur T. Vanderbilt Arthur T. Vanderbilt (July 7, 1888 – June 16, 1957) was an American judge and judicial reformer. He served as Chief Justice of the New Jersey Supreme Court from 1948 to 1957, the first Chief Justice under the revamped New Jersey court system e ...

(1888–1957) — Chief Justice,

Executive Branch officials

* Herbert Brownell (1904-1996) —

United States Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...

John Foster Dulles John Foster Dulles (, ; February 25, 1888 – May 24, 1959) was an American diplomat, lawyer, and Republican Party politician. He served as United States Secretary of State under President Dwight D. Eisenhower from 1953 to 1959 and was briefly ...

(1888-1959) —

United States Secretary of State The United States secretary of state is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State. The office holder is one of the highest ranking members of the president's Ca ...

John J. McCloy John Jay McCloy (March 31, 1895 – March 11, 1989) was an American lawyer, diplomat, banker, and a presidential advisor. He served as Assistant Secretary of War during World War II under Henry Stimson, helping deal with issues such as German sa ...

(1895-1989) – former United States High Commissioner for GermanyBrandt, Raymond P.; ‘A New Chief Justice: Eisenhower Must Make Historic Decision – Will President Appoint the Best Man Available or Will He Listen to Partisan Politicians’; '' St. Louis Post-Dispatch'', September 27, 1953, p. 1C *

Kenneth Claiborne Royall Kenneth Claiborne Royall, Sr. (July 24, 1894May 25, 1971) was a U.S. Army general, and the last man to hold the office of Secretary of War, which secretariat was abolished in 1947. Royall served as the first Secretary of the Army from 1947 to 1 ...

(1894-1971) — Former

United States Secretary of War The secretary of war was a member of the U.S. president's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War", had been appointed to serve the Congress of the ...

under Truman

State Governors

(1902–1971) —

Governor of New York The governor of New York is the head of government of the U.S. state of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military forces. The governor h ...

and former Republican presidential nominee *

(1891–1974) —

Governor of California The governor of California is the head of government of the U.S. state of California. The governor is the commander-in-chief of the California National Guard and the California State Guard. Established in the Constitution of California, t ...

(nominated and confirmed)