Defeated nominees to the U.S. Supreme Court

Justices of the Supreme Court of the United States are nominated by the President and are then confirmed by the Senate. Presidential administrations are listed below with any unsuccessful Supreme Court nominees—that is, individuals who were nominated and who either declined their own nomination, failed the confirmation vote in the Senate, or whose nomination was withdrawn by the president.

As of 2010, 151 people have been nominated to the U.S. Supreme Court. Twenty-nine nominees (including one nominated for promotion) have been unsuccessful on at least the first try.

George Washington nominated six inaugural candidates to the Supreme Court in 1789, including lawyer and statesman John Jay as Chief Justice, which Jay accepted. Washington officially nominated Jay on September 24, 1789, the same day he signed the Judiciary Act of 1789 (which created the position of Chief Justice) into law and he was confirmed on September 26, 1789. All of the other candidates accepted and were appointed as associate justices except for Robert H. Harrison, who declined to serve. The seat remained empty until the confirmation of James Iredell in 1790.

Washington nominated William Paterson for the Supreme Court on February 27, 1793. The nomination was withdrawn by the President the following day. Washington had realized that since the law establishing the positions within the Supreme Court had been passed during Paterson's term as a Senator (a post he had resigned in November 1790 after being elected Governor of New Jersey) the nomination was a violation of Article I, Section 6 of the Constitution. Washington re-nominated Paterson to the Court on March 4, 1793, after Paterson's term as Senator had expired, and Paterson was confirmed by the Senate.

John Jay resigned as Chief Justice on June 29, 1795, after being elected Governor of New York. The subsequent nomination of John Rutledge as Chief Justice was rejected by a vote of 10–14 on December 15, 1795. Rutledge's strident and vocal opposition to the Jay Treaty may have been the main reason for his rejection. Because he had been a recess appointment, Rutledge served as Chief Justice for one term. Washington nominated Associate Justice William Cushing to replace him as Chief Justice, but Cushing declined the role. Washington then successfully appointed Oliver Ellsworth to serve as the next Chief Justice.

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