Summary

Chief Justice Earl Warren retired in 1971. Johnson nominated Abe Fortas to replace him but could not get him confirmed though due to Republican opposition, and he withdrew his name. When Nixon became president he nominated Warren Burger, a Republican who had been appointed by Eisenhower in 1956 to the Court of Appeals in DC, as Earl Warren’s replacement. He was confirmed by the Senate without major problems. Nixon also appointed Harry Blackmun of Minnesota to take another open seat on the bench.

Two more vacancies occurred at the end of 1971 which Nixon filled with Lewis Powell and William Rehnquist. One more conservative appointed by Nixon would swing the court to what liberals worried would be a Supreme Court stacked with conservatives. Marshall was still on the court but didn’t seem fully engaged although he always voted with the liberals...