Lyndon B. Johnson judicial appointment controversies

This article is part of a series about Lyndon B. Johnson
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During President Lyndon B. Johnson's presidency, federal judicial appointments played a central role. Johnson appointed Abe Fortas and Thurgood Marshall to the Supreme Court of the United States in just over five years as president.

In 1965, Johnson nominated his friend, high-profile Washington, D.C. lawyer Abe Fortas, to the Supreme Court, and he was confirmed by the United States Senate. In 1967, Johnson nominated United States Solicitor General Thurgood Marshall to the Supreme Court, and he also was confirmed by the Senate. In 1968, however, Johnson made two failed nominations to the Supreme Court. He nominated Fortas to become Chief Justice to replace the retiring Earl Warren, and he nominated United States Court of Appeals for the Fifth Circuit judge Homer Thornberry to replace Fortas as Associate Justice. However, Johnson wound up withdrawing Fortas's nomination after his confirmation was filibustered by Sen. Robert Griffin (R-MI), and he was not able to make another Chief Justice nomination before his presidency ended. As a result, Warren continued as Chief Justice and Fortas as an Associate Justice, so Johnson also ended up withdrawing Thornberry's nomination. Ultimately, Johnson's successor, President Richard Nixon, appointed Warren E. Burger as Chief Justice of the United States. After Fortas resigned from the Supreme Court, Nixon appointed Harry Blackmun to fill Fortas's seat after his previous nominations of Clement Haynsworth and G. Harrold Carswell to that seat both were voted down by the United States Senate.

At the appellate level, Johnson formally nominated one person, Barefoot Sanders, for a federal appellate judgeship who was never confirmed. The United States Senate did not act on Sanders' nomination before Johnson's presidency ended, and Nixon did not renominate him. Johnson also considered other appeals court nominees whom he never wound up nominating.