[steveegg]

Quick summary of the 34 nominations (prior to Miers) that failed at one point or another -

• 5 nominated, not confirmed on the initial nomination, but confirmed on a renomination -
  • William Paterson, nominated by George Washington, withdrawn briefly because he was a Senator at the time Congress had created the Associate Justice position and that term was not yet expired (though he was no longer a member of the Senate at that point), then renominated and confirmed at the beginning of the following Congress a few days later.
  • Roger B. Taney, nominated twice by Andrew Jackson, the first to Associate Justice waspostponed indefinitely by the Senate, the second was for Chief Justice. If that name doesn't sound familiar, it should; he was the author of the Dred Scott decision.
  • Stanley Matthews, nominated first by Rutheford B. Hayed and later by James A. Garfield. The first nomination was never reported out of committee, and he was confirmed on the renomination by 1 vote.
  • Pierce Butler, nominated twice by Warren G. Harding. The first nomination was blocked during the third session of the 67th Congress, but he got through during the 4th.
  • Marshall Harlan II, nominated twice by Dwight D. Eisenhower. He was nominated late in the 83rd Congress, and since his nomination was still in committee when the Senate adjourned, he had to be renominated at the beginning of the 84th.
• 4 rejected more than once -
  • John C. Spencer and Reuben H. Walworth were part of a shell game played by John Tyler. Spencer was nominated and rejected, replaced by Walworth, the Senate tabled Walworth's nomination, and then things got real fun. On June 17, 1844, the last day of that particular congressional session, Walworth was withdrawn and Spencer was renominated. Unable to gain unanamous consent for the Spencer nomination to be acted upon, Spencer was withdrawn and Walworth was renominated. Walworth was again renominated in the following session, tabled, and withdrawn, making him the only 3-time loser.
  • Edward King was also one of those nominated twice by Tyler during the same two congressional sessions. He was tabled both times and ultimately withdrawn.
  • William B. Hornblower was nominated in successive sessions by Grover Cleveland. The first nomination never made it out of committee, and he was rejected the second time around.
• John Catron, nominated by Andrew Johnson, fell victim to legislation to decrease the size of the Supreme Court through attrition.
• The others - John Rutledge, Alexander Wolcott, John J. Crittenden, John M. Read, George W. Woodward, Edward A. Bradford, George E. Badger, William C. Micou, Jeremiah S. Black, Ebenezer R. Hoar, George H. Williams, Caleb Cushing,Wheeler H. Peckham, John J. Parker, Abe Fortas, Homer Thornberry, Clement F. Haynsworth Jr., G. Harrold Carswell, and Robert H. Bork.

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[George W. Bush]

The others - John Rutledge, Alexander Wolcott, John J. Crittenden, John M. Read, George W. Woodward, Edward A. Bradford, George E. Badger, William C. Micou, Jeremiah S. Black, Ebenezer R. Hoar, George H. Williams, Caleb Cushing,Wheeler H. Peckham, John J. Parker, Abe Fortas, Homer Thornberry, Clement F. Haynsworth Jr., G. Harrold Carswell, and Robert H. Bork. Did you miss Reagan's other failed nominee, Professor Ginsberg, who withdrew over the controversy when he admitted to smoking pot with his law students at some point in his career? I think Anthony Kennedy was the successful nominee for that slot.