G. Harrold Carswell
G. Harrold Carswell was an American jurist and politician who was appointed to the Fifth Circuit Court of Appeals by President Richard Nixon in 1969. He also became a nominee for the U.S. Supreme Court to fill the vacancy left by Justice Abe Fortas, following the rejection of Nixon's first choice, Clement Haynsworth, Jr. Carswell's nomination was controversial due to his past support for racial segregation during his 1948 candidacy for the Georgia legislature, as well as his record as a district judge, which was marked by a high rate of reversals in his decisions. Despite efforts from Nixon's aides to secure his confirmation, Carswell faced significant opposition in the Senate. Ultimately, on April 8, 1970, his nomination was rejected by a vote of fifty-one to forty-five, a decision that Nixon criticized as a bias against southern nominees. Following this rejection, Carswell resigned from the bench and attempted, unsuccessfully, to become the Republican candidate for the Senate in 1970 before returning to private law practice. Carswell’s legacy remains intertwined with the contentious nature of judicial nominations during that era.
Subject Terms
G. Harrold Carswell
Nominated by: Richard M. Nixon
Significance: Carswell’s mediocre judicial record and prosegregation stance resulted in his nomination to the Supreme Court being rejected by the Senate.
President Richard M. Nixon appointed Carswell to the Fifth Circuit Court of Appeals in 1969, and Carswell was his choice to fill the Supreme Court seat left vacant when Abe Fortas resigned in 1969. Nixon selected Carswell after the Senate rejected his first nominee, Clement Haynsworth, Jr.
Nixon erred politically in nominating Carswell. As a candidate for the Georgia legislature in 1948, Carswell had supported racial segregation. Moreover, his record as a jurist was unimpressive; his decisions as a district judge had a high reversal rate. Nebraska senator Roman Hruska drew attention to Carswell’s deficiencies when he declared, without any sense of irony, that mediocre Americans also deserved representation on the Supreme Court.
Nixon aides informed the president that Carswell had no chance of receiving Senate confirmation. Nevertheless, Nixon ordered his staff to continue their efforts to garner support for the nominee. Despite their efforts, on April 8, 1970, the Senate rejected Carswell by a vote of fifty-one to forty-five Nixon attacked Congress for what he termed its opposition to any southern nominee. Carswell resigned from the bench, lost a 1970 bid to become the Republican candidate for the Senate, and returned to his private law practice.