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During his two terms in office, President Dwight D. Eisenhower appointed five members of the Supreme Court of the United States: Chief Justice Earl Warren, and Associate Justices John Marshall Harlan, William Brennan, Charles Evans Whittaker, and Potter Stewart.

Contents

1 Earl Warren
Earl Warren
nomination 2 John Marshall Harlan nomination 3 William Brennan and Charles Evans Whittaker
Charles Evans Whittaker
nominations 4 Potter Stewart
Potter Stewart
nomination 5 Names mentioned

5.1 United States Supreme Court (elevation to Chief Justice) 5.2 United States Courts of Appeals 5.3 United States District Courts 5.4 State Supreme Courts 5.5 Executive Branch officials 5.6 State Governors

6 See also 7 References

Earl Warren
Earl Warren
nomination[edit]

Earl Warren
Earl Warren
as governor of California

Chief Justice Fred Vinson died in office on September 8, 1953. Eisenhower appointed California Governor Earl Warren
Earl Warren
as Chief Justice on October 5, 1953, by using a recess appointment.[1] 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".[2] Warren was formally nominated on January 11, 1954, and was confirmed by the United States Senate
United States Senate
on March 1, 1954, by voice vote.[3] John Marshall Harlan nomination[edit] Following the death of Justice Robert H. Jackson
Robert H. Jackson
on October 9, 1954, Eisenhower nominated John Marshall Harlan II
John Marshall Harlan II
on November 9, 1954. Harlan had at the time been sitting on the United States Court of Appeals for the Second Circuit for only nine months.[4] On being nominated, the reticent Harlan called reporters into his chambers in New York, and stated, in full, "I am very deeply honored."[5] The United States Senate
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,[6] declaring segregation in public schools unconstitutional. Chairman of the United States Senate Committee on the Judiciary, James Eastland, and several southern senators delayed his confirmation, because they (correctly) believed that he would support desegregation of the schools and civil rights.[7] 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.[8] The Senate finally confirmed him on March 17, 1955 by a vote of 71–11.[9] He took his seat on March 28, 1955.[10] Of the eleven senators who voted against his appointment, nine were from the South. William Brennan and Charles Evans Whittaker
Charles Evans Whittaker
nominations[edit] Due to ill health, Justice Sherman Minton
Sherman Minton
announced his retirement from the Court on October 15, 1956, remarking that "[t]here will be more interest in who will succeed me than in my passing. I'm an echo."[11] 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.[12] On October 16, 1956, Eisenhower used a recess appoint to seat William Brennan.[1] Presidential advisers thought the appointment of a Catholic
Catholic
Democrat from the Northeast would woo critical voters in the upcoming election for Eisenhower, a Republican.[13] Additionally, Cardinal Francis Spellman had asked Eisenhower to appoint a Catholic
Catholic
to the court, as the Supreme Court had not had a Catholic
Catholic
justice since the death of Frank Murphy
Frank Murphy
in 1949.[14] 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).[15] To Brownell, Brennan's speech seemed to suggest a marked conservatism, especially on criminal matters.[15] 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 Cardozo
in 1932), and Eisenhower's desire to appear bipartisan after his appointments of justices Earl Warren
Earl Warren
and John Marshall Harlan II.[16] Brennan was formally nominated on January 14, 1957. Before Brennan's nomination was considered by the Congress, Justice Stanley Forman Reed
Stanley Forman Reed
announced his retirement from the Court on February 25, 1957, citing old age. Reed was 73 years old,[17] 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.[18] Within a week of Reed's retirement, on March 2, 1957, Eisenhower nominated Charles Evans Whittaker
Charles Evans Whittaker
to succeed Reed.[19] Both Brennan and Whittaker were confirmed by voice vote in the United States Senate on March 19, 1957.[3] Potter Stewart
Potter Stewart
nomination[edit] Harold Hitz Burton
Harold Hitz Burton
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 Potter Stewart
Potter Stewart
on the Court.[1] Eisenhower had previously appointed Stewart to the United States Court of Appeals for the Sixth Circuit, 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.[3] Names mentioned[edit] 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)[edit]

Harold H. Burton (born 1888)[20] Robert H. Jackson
Robert H. Jackson
(born 1892)[20]

United States Courts of Appeals[edit]

Court of Appeals for the Second Circuit

John Marshall Harlan II
John Marshall Harlan II
(born 1899) - (nominated and confirmed)[3]

Court of Appeals for the Fourth Circuit

John J. Parker
John J. Parker
(born 1885)[20]

Court of Appeals for the Fifth Circuit

Elbert Parr Tuttle (born 1897)[20][21]

Court of Appeals for the Sixth Circuit

Potter Stewart
Potter Stewart
(born 1915) - (nominated and confirmed)[3]

Court of Appeals for the Eight Circuit

Charles Evans Whittaker
Charles Evans Whittaker
(born 1901) - (nominated and confirmed)[3]

Court of Appeals for the Tenth Circuit

Orie L. Phillips (born 1885)[20]

Court of Appeals for the D.C. Circuit

Warren E. Burger
Warren E. Burger
(born 1907) later nominated as Chief Justice by President Richard Nixon and confirmed)[20][21] John A. Danaher (born 1899)[20]

United States District Courts[edit]

George H. Boldt (born 1903) - Judge, United States District Court for the Western District of Washington[20]

State Supreme Courts[edit]

William J. Brennan, Jr.
William J. Brennan, Jr.
(born 1906) - Associate Justice, New Jersey Supreme Court (nominated and confirmed)[3] Arthur T. Vanderbilt (born 1888) - Chief Justice, New Jersey Supreme Court[20]

Executive Branch officials[edit]

Herbert Brownell (1904–1996) - United States Attorney General[20][21] John Foster Dulles
John Foster Dulles
(born 1888) - United States Secretary of State[20][21] Kenneth Claiborne Royall
Kenneth Claiborne Royall
(born 1894) - Former United States Secretary of War under Truman[20]

State Governors[edit]

Thomas E. Dewey
Thomas E. Dewey
(born 1902) - Governor of New York[20][21] Earl Warren
Earl Warren
(born 1891) - Governor of California
Governor of California
(nominated and confirmed)[3]

See also[edit]

United States federal judge Federal judicial appointment history

References[edit]

^ a b c Michael Brus, What Is a Recess Appointment?, Slate.com
Slate.com
(June 14, 1999). ^ Personal and confidential To Milton Stover Eisenhower, October 9, 1953. In The Papers of Dwight David Eisenhower, ed. L. Galambos and D. van Ee, doc. 460. World Wide Web facsimile by The Dwight D. Eisenhower Memorial Commission of the print edition; Baltimore, MD: The Johns Hopkins University Press, 1996 Archived January 18, 2012, at the Wayback Machine.. Accessed October 12, 2005. ^ a b c d e f g h Supreme Court Nominations, 1789-present, senate.gov. ^ "Marshall, John Harlan". Federal Judicial Center. Archived from the original on 2008-09-20. Retrieved 2008-08-14.  ^ Rosenbaum, David E. (September 24, 1971). "'A lawyer's judge; John Marshall Harlan". The New York Times. Retrieved 2009-04-17.  (fee for article) ^ 347 U.S. 483 (1954) ^ Dorsen, 2006. ^ "United States Senate. Nominations". United States Senate. Retrieved 2008-10-09.  ^ Epstein, 2005. ^ Dorsen, 2002, pp. 139–143. ^ Oyez Project, Supreme Court media, Sherman Minton. ^ Eisler, Kim Isaac, A Justice for All: William J. Brennan, Jr., and the decisions that transformed America ( New York: Simon & Schuster, 1993), p. 90. ISBN 0-671-76787-9. ^ James Taranto, Leonard Leo (2004). Presidential Leadership. Wall Street Journal Books. Retrieved 2008-10-20.  ^ Kessler, Glenn (February 24, 2016). "A recent Supreme Court appointment in an election year — without controversy". Washington Post. Retrieved March 22, 2016.  ^ a b Eisler, a Justice for All, page 85, ISBN 0-671-76787-9. ^ Eisler, a Justice for All, page 84, ISBN 0-671-76787-9. ^ Huston, "Justice Reed, 72, to Retire From the Supreme Court," New York Times, February 1, 1957; "Justice Reed Retires From Supreme Court," New York Times, February 26, 1957. ^ Fassett, New Deal Justice: The Life of Stanley Reed of Kentucky, 1994. ^ "Federal Judge in Missouri Named to Supreme Court," New York Times, March 3, 1957. ^ a b c d e f g h i j k l m Yalof, David Alistair. Pursuit of Justices: Presidential Politics and the Selection of Supreme Court Nominees. University of Chicago Press. ISBN 978-0-226-94545-3.  ^ a b c d e Nichols, David. A Matter of Justice: Eisenhower and the Beginning of the Civil Rights Revolution. Simon & Schuster. ISBN 978-1-4165-4151-6. 

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Dwight D. Eisenhower

34th President of the United States
President of the United States
(1953–1961) Supreme Allied Commander Europe
Supreme Allied Commander Europe
(1951–1952) Chief of Staff of the Army (1945–1948) Commander, Supreme Headquarters Allied Expeditionary Force (1943–1945)

Military career

Military career 1919 Motor Transport Corps convoy Louisiana Maneuvers Operation Torch European Theater of Operations Allied invasion of Sicily Normandy landings Operation Veritable Military Governor, U.S. Occupation Zone in Germany

Disarmed Enemy Forces European Advisory Commission

Supreme Commander of NATO, 1951-1952

Presidency

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Domino theory Khrushchev, Eisenhower and De-Stalinization New Look policy 1955 Geneva Summit 1960 U-2 incident

NASA DARPA National Defense Education Act Interstate Highway System Suez Crisis Eisenhower Doctrine Little Rock Nine
Little Rock Nine
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Supreme Court

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Crusade in Europe
Crusade in Europe
(1948)

Elections

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Legacy

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Dwight D. Eisenhower
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Dwight D. Eisenhower
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commemorative

U.S. Postage stamps Dwight D. Eisenhower
Dwight D. Eisenhower
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Dwight D. Eisenhower
(Brothers) Places named for Eisenhower Other tributes and memorials

Popular culture

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Crusade in Europe
(1949 television series) Ike (1979 miniseries) Ike: Countdown to D-Day (2004 film) Pressure (2014 play)

Family

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Doud Eisenhower
(wife) Doud Eisenhower
Doud Eisenhower
(son) John Eisenhower
John Eisenhower
(son) David Eisenhower
David Eisenhower
(grandson) Anne Eisenhower (granddaughter) Susan Eisenhower
Susan Eisenhower
(granddaughter) Mary Jean Eisenhower
Mary Jean Eisenhower
(granddaughter) Jennie Eisenhower (great-granddaughter) Ida Stover Eisenhower (mother) Earl D. Eisenhower (brother) Edgar N. Eisenhower (brother) Milton S. Eisenhower
Milton S. Eisenhower
(brother)

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