List of confirmation votes for the Supreme Court of the United States

With the exception of temporary recess appointments, in order for a Justice to be appointed to the United States Supreme Court, they must be approved by a vote of the United States Senate after being nominated by the president of the United States Senate. Not all nominees put forward by presidents have advanced to confirmation votes.

General overview of the history of Supreme Court confirmation votes Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the President of the United States to nominate and, with the confirmation (advice and consent) of the United States Senate, appoint public officials, including justices of the Supreme Court. The president has the plenary power to nominate and to appoint, while the Senate possesses the plenary power to reject or confirm the nominee prior to their appointment.

Of the 163 nominations that presidents have submitted for the court, 137 have progressed to a full-Senate vote. 126 were confirmed by the Senate, while 11 were rejected. Of the 126 nominees that were confirmed, 119 served (seven of those who were confirmed declined to serve, while one died before taking office).

The last nomination confirmed by a voice vote was that of Abe Fortas on August 11, 1965. The last time a roll call vote on a nomination was unanimous was that of Anthony Kennedy on February 3, 1988.

The first of the eleven roll call votes to result in a rejection of a nomination was the December 15, 1795 vote on the nomination of John Rutledge for chief justice, and the most recent time was the October 23, 1987 vote on the nomination of Robert Bork.

In March 1917, the procedure of a cloture vote was introduced to the Standing Rules of the United States Senate as a means of ending debate and proceeding to a vote. Until 1975, cloture required the support threshold of two-thirds of senators present and voting. From 1975 until 2017, the threshold needed to invoke cloture for Supreme Court confirmation was three-fifths of all senators duly chosen and sworn in (60 senators, if there was no more than one seat left vacant). On April 6, 2017, when considering the nomination of Neil Gorsuch, in a party-line vote the Republican Senate majority invoked the so-called "nuclear option", voting to reinterpret Senate Rule XXII and change the cloture vote threshold for Supreme Court nominations to a simple majority of senators present and voting.

List of confirmation votes Votes before and during the First Party System: 1789–1823 Cite President Party of President Preceding justice Date of vote Outcome "Yea" votes "Nay" votes Majority party Vote by party Total % Total % Federalist Democratic-Republican Total yeas Total nays Total yeas Total nays Washington None Inaugural Confirmed Voice vote Pro Admin Inaugural Confirmed Voice vote Inaugural Confirmed Voice vote Inaugural Confirmed Voice vote Inaugural Confirmed Voice vote Inaugural Confirmed Voice vote Inaugural Confirmed Voice vote J. Rutledge Confirmed Voice vote T. Johnson Confirmed Voice vote Jay Rejected 10 41.67% 14 58.33% Federalist 1 14 7 0 Rutledge Confirmed Voice vote Blair Confirmed Voice vote Rutledge Confirmed 21 95.46% 1 4.55% Federalist Wilson Confirmed Voice vote Iredell Confirmed Voice vote Ellsworth Confirmed Voice vote Ellsworth Confirmed Voice vote Jefferson Democratic-Republican Moore Confirmed Voice vote Democratic-Republican Paterson Confirmed Voice vote New seat Confirmed Voice vote Madison W. Cushing Confirmed Voice vote W. Cushing Rejected 9 27.27% 24 72.73% W. Cushing Confirmed Voice vote W. Cushing Confirmed Voice vote S. Chase Confirmed Voice vote Monroe Livingston Confirmed Voice vote General sources:

Votes during the Jacksonian–National Republican era: 1826–1836 Cite President Party of President Preceding justice Date of vote Outcome "Yea" votes "Nay" votes Majority party Vote by party Total % Total % Jacksonian National Republican Nullifier Total yeas Total nays Total yeas Total nays Total yeas Total nays NationalRepublican Todd Confirmed 27 84.38% 5 15.63% Jacksonian 12 5 15 0 — — Jackson Jacksonian Trimble Confirmed Voice vote Jacksonian Washington Confirmed 41 95.35% 2 4.65% 20 1 21 0 0 1 W. Johnson Confirmed Voice vote National Republican Marshall Confirmed 29 65.91% 15 34.09% Jacksonian 24 0 5 13 0 2 Duvall Confirmed 30 73.17% 11 26.83% 24 0 5 11 1 0 General sources:

Votes during the Second Party System: 1836–1853 Cite President Party of President Preceding justice Date of vote Outcome "Yea" votes "Nay" votes Majority party Vote by party Total % Total % Democratic Whig Total yeas Total nays Total yeas Total nays Jackson Democratic new seat Confirmed 28 65.12% 15 34.88% Democratic 26 2 2 13 new seat Confirmed 2356.10% 18 43.90% 23 3 0 15 Van Buren new seat Confirmed Voice vote Barbour Confirmed 25 83.33% 5 16.67% 24 4 0 1 Tyler None Thompson Rejected 21 44.68% 26 55.32% Whig 16 5 5 21 Thompson Confirmed Voice vote Polk Democratic Baldwin Rejected 20 40.82% 29 59.18% Democratic Story Confirmed Voice vote Baldwin Confirmed Voice vote Fillmore Whig Baldwin Confirmed Voice vote Pierce Democratic Party McKinley Confirmed Voice vote General sources:

Votes during the Third Party System: 1857–present Cite President Party of President Preceding justice Date of vote Outcome "Yea" votes "Nay" votes Majority party Vote by party Total % Total % Democratic Republican Other Parties Total yeas Total nays Total yeas Total nays Party name Total yeas Total nays Buchanan Democratic Curtis Confirmed 26 53.06% 2346.94% Democratic 25 3 0 18 Know Nothing 1 2 Lincoln Republican Daniel Confirmed Voice vote Republican McLean Confirmed 38 97.44% 1 2.56% 8 0 27 1Union 3 0 Campbell Confirmed Voice vote new seat Confirmed Voice vote Taney Confirmed Voice vote Grant Grier Confirmed 46 80.70% 11 19.30% 0 9 46 3 — — — new seat Rejected 24 42.11% 33 57.90% 0 9 24 24 — — — Grier Confirmed Voice vote new seat Confirmed 46 83.64% 9 16.36% 9 0 37 9 — — — Nelson Confirmed Voice vote S. P. Chase Confirmed 63 100% 0 0% 15 0 33 0 Liberal Republican 5 0 Hayes Davis Confirmed Voice vote Strong Confirmed 39 82.98% 8 17.02% Democratic 14 8 24 0 Independents1 0 Garfield Swayne Confirmed 24 51.06% 23 48.94% Split Arthur Clifford Confirmed 51 91.07% 5 8.93% 21 5 29 0 Independents 1 0 Hunt Confirmed 39 76.47% 12 23.53% Hunt Confirmed Voice vote Cleveland Democratic Woods Confirmed 32 53.33% 28 46.67% Republican Waite Confirmed 41 67.21% 20 32.79% Republican Matthews Confirmed 53 82.81% 11 17.19% 18 4 35 7 — — — Miller Confirmed Voice vote Bradley Confirmed Voice vote L. Lamar Confirmed Voice vote Cleveland Democratic Blatchford Rejected 24 44.44% 30 55.56% Democratic Blatchford Rejected 32 43.84% 41 56.16% Blatchford Confirmed Voice vote H. Jackson Confirmed Voice vote Republican McKinley Republican Field Confirmed Voice vote Gray Confirmed Voice vote Shiras Confirmed Voice vote Brown Confirmed Voice vote Taft R. Peckham Confirmed Voice vote R. Peckham Confirmed Voice vote Fuller Confirmed Voice vote E. D. White Confirmed Voice vote Moody Confirmed Voice vote J. Harlan Confirmed 50 65.79% 26 34.21% Wilson Democratic Lurton Confirmed 50 65.79% 26 34.21% Democratic Progressive J. Lamar Confirmed 47 68.12% 22 31.88% 44 1 3 21 — — — Hughes Confirmed Voice vote Harding Republican E. D. White Confirmed Voice vote Republican Clarke Confirmed Voice vote Day Confirmed 61 88.41% 8 11.59% 21 5 40 3 — — — Pitney Confirmed Voice vote Coolidge McKenna Confirmed 71 92.21% 6 7.78% 27 2 44 2 Farmer-Labor 0 2 Hoover Taft Confirmed 52 66.67% 26 33.33% 14 15 38 11 Farmer-Labor 0 0 Sanford Rejected 39 48.75% 41 51.25% 10 23 29 17 Farmer-Labor 0 1 Sanford Confirmed Voice vote Holmes Confirmed Voice vote Democratic Van Devanter Confirmed 63 79.75% 16 20.25% Democratic 57 6 4 10 Farmer-Labor 1 0 Wisconsin Progressive 1 0 Independents0 0 Sutherland Confirmed Voice vote Cardozo Confirmed Voice vote Brandeis Confirmed 62 93.94% 4 6.06% 50 0 9 4 Farmer-Labor 1 0 Wisconsin Progressive 1 0 Independents1 0 Butler Confirmed Voice vote McReynolds Confirmed Voice vote Hughes Confirmed Voice vote Stone Confirmed Voice vote Byrnes Confirmed Voice vote Truman O. Roberts Confirmed Voice vote Stone Confirmed Voice vote Murphy Confirmed 73 90.12% 8 9.88% 46 0 27 8 — — — W. Rutledge Confirmed 48 75.00% 16 25.00% 36 2 12 14 — — — Eisenhower Republican Vinson Confirmed Voice vote Republican R. Jackson Confirmed 71 86.59% 11 13.42% Democratic 32 9 39 2 Independents 0 0 Minton Confirmed Voice vote Reed Confirmed Voice vote Minton Confirmed 70 80.46% 17 19.54% 42 17 28 0 — — — Kennedy Democratic Whittaker Confirmed Voice vote Frankfurter Confirmed Voice vote Goldberg Confirmed Voice vote Clark Confirmed 69 86.25% 11 13.75% 37 10 32 1 — — — Nixon Republican Warren Confirmed 74 95.10% 3 3.90% 38 3 36 0 — — — Fortas Rejected 45 45.00% 55 55.00% 19 38 26 17 — — — Fortas Rejected 45 46.88% 51 53.13% 16 38 28 13 Independent Democrats 1 0 Fortas Confirmed 94 100% 0 0% 53 0 40 0 Independent Democrats 1 0 H. Black Confirmed 89 98.89% 1 1.11% 49 1 38 0 Conservative Party of New York State 1 0 Independent Democrats 1 0 J. Harlan II Confirmed 68 72.34% 26 27.66% 29 23 37 3 Conservative Party of New York State 1 0 Independent Democrats 1 0 Ford Douglas Confirmed 98 100% 0 0% 59 0 37 0 Conservative Party of New York State 1 0 Independent Democrats 1 0 Reagan Stewart Confirmed 99 100% 0 0% Republican 45 0 53 0 Independent Democrats 1 0 Burger Confirmed 65 66.33% 33 33.67% 16 31 49 2 — — — Rehnquist Confirmed 98 100% 0 0% 47 0 51 0 — — — Powell Rejected 42 42.00% 58 58.00% Democratic 2 52 40 6 — — — Powell Confirmed97 100% 0 0% 51 0 46 0 — — — Brennan Confirmed 90 90.91% 9 9.09% 46 9 44 0 — — — T. Marshall Confirmed 52 52.00% 48 48.00% 11 46 41 2 — — — Clinton Democratic B. White Confirmed 96 96.97% 3 3.03% 55 0 41 3 — — — Blackmun Confirmed 87 90.63% 9 9.38% 54 0 33 9 — — — Republican Rehnquist Confirmed 78 78.00% 22 22.00% Republican 22 22 55 0 Independent Democrats 1 0 O'Connor Confirmed 58 58.00% 42 42.00% 4 40 54 1 Independent Democrats 0 1 Obama Democratic Souter Confirmed 68 68.69% 31 31.31% Democratic 57 0 9 31 Independent Democrats 2 0 Stevens Confirmed 63 63.00% 37 37.00% 56 1 5 36 Independent Democrats 2 0 Trump Republican Scalia Confirmed 54 54.55% 45 45.45% Republican 3 43 51 0 Independent Democrats 0 2 Kennedy Confirmed 50 51.02% 48 48.98% 1 46 49 0 Independent Democrats 0 2 Ginsburg Confirmed 52 52.00% 48 48.00% 0 45 52 1 Independent Democrats 0 2 Biden Democratic Breyer Confirmed 53 53.00% 47 47.00% Democratic 48 0 3 47 Independent Democrats 2 0 General sources:

List of cloture votes On occasion, a cloture vote has been taken in an effort to end Senate debate and allow a confirmation vote to take place.

Between the 1917 (when cloture was introduced to the Senate) and year 1975, cloture required the support threshold of two-thirds of senators present and voting. From 1975 until 2017, the threshold needed to invoke cloture for Supreme Court confirmation was three-fifths of all senators duly chosen and sworn in (60 senators, if there was no more than one seat left vacant). On April 7, 2017, the votes of Democratic senators managed to deny enough support for cloture on the nomination of Neil Gorsuch. The Senate's Republican majority used the "nuclear option" to reduce the threshold for cloture to a simple 50% majority of votes, and Gorsuch met this new cloture threshold in the subsequent reconsideration. Ever since this, the threshold has been a simple 50% majority of votes.

The first attempt to invoke cloture on a Supreme Court nomination occurred in 1968 on the nomination to elevate Associate Justice Abe Fortas to chief justice. The first cloture motion to succeed was on the 1986 nomination to elevate Associate Justice William Rehnquist to chief justice.