George E. Badger
George E. Badger was a prominent legal figure in the mid-nineteenth century, recognized for his expertise in constitutional law and his significant contributions to the U.S. legal system. He served as a judge on the North Carolina superior court and was involved in over seven hundred cases presented before the U.S. Supreme Court, establishing a reputation rivaled only by Supreme Court Justice Joseph Story. Badger's proficiency in legal matters earned him a seat in the U.S. Senate, where he was regarded as an authority on constitutional issues. In 1853, President Millard Fillmore attempted to nominate Badger to the Supreme Court following Justice John McKinley’s death. However, Badger's nomination faced considerable opposition from a Democratic-controlled Senate, particularly due to his nationalist views, which raised concerns among Southern Democrats. Although widely regarded as a highly qualified candidate, Badger’s nomination was ultimately blocked by partisan politics, reflecting the contentious political climate of the era. This situation mirrors similar instances in American history, where capable candidates faced obstacles due to political affiliations rather than their qualifications.
Subject Terms
George E. Badger
Nominated by: Millard Fillmore
Significance: A prominent lawyer and jurist, Badger was nominated by U.S. president Millard Fillmore to replace Supreme Court Justice John McKinley, who had died. In spite of his impeccable qualifications, political considerations prevented his confirmation.
Badger achieved prominence as one of the foremost legal minds of the mid-nineteenth century, rivaled only by Supreme Court Justice Joseph Story. After serving as a judge on the North Carolina superior court, he argued more than seven hundred cases before the U.S. Supreme Court. As a member of the U.S. Senate, he was regarded as an unsurpassed authority on constitutional law.
In 1853, after the death of U.S. Supreme Court Justice John McKinley, President Millard Fillmore sought to install Badger, a Whig, on the Court. Fillmore’s lame duck status, however, offered little political weight to the nominee, who faced opposition from a Democratic-controlled Senate. Southern Democrats were especially wary of Badger’s nationalism. Custom required at that time that Court justices also preside over designated federal circuit courts; the less politically charged excuse was made that Badger was not a resident of the circuit for which he would be responsible. Badger’s nomination was not confirmed by his fellow senators. Like Learned Hand a century later, the candidate widely considered most qualified to serve on the Court was blocked by partisan concerns.