Failed Appellate and District Court Nominees: The Johnson-Nixon Transition
The transition of power between United States presidents often involves complex negotiations regarding judicial appointments. A notable instance occurred during the handover from President Lyndon B. Johnson to President Richard Nixon, where several nominees for the federal bench faced sudden setbacks due to shifting executive priorities.
The Nominees in Limbo
During the 90th and 91st United States Congresses, President Johnson nominated several individuals to key judicial positions. While some were intended for the United States Court of Appeals for the District of Columbia Circuit—a high-profile appellate court—others were slated for district courts. Despite being renominated shortly before the end of Johnson's term, these candidates remained unconfirmed by the Senate as the presidency changed hands.
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The Affected Candidates
- Barefoot Sanders: Nominated for the U.S. Court of Appeals for the District of Columbia Circuit.
- David Bress: Nominated for the U.S. District Court for the District of Columbia.
- Cecil F. Poole: Nominated for the U.S. District Court for the Northern District of California.
- William Byrne: Nominated for the U.S. District Court for the Central District of California.
The Nixon Intervention
Just three days after his inauguration, President Richard Nixon withdrew all four of the aforementioned nominations. In his first news conference, Nixon clarified that while he had not objected to President Johnson submitting the names to the Senate, he had reached no formal agreement to approve them once he took office.
Nixon emphasized the principle of having "one President at a time," asserting that no one, including Attorney General Mitchell, had the discretion to strike a deal regarding the approval of these nominees. Nixon stated his intention to examine each candidate individually to determine if any should be resubmitted.
Eventual Outcomes and Confirmations
The withdrawal of nominations did not permanently end the judicial careers of all involved. Over the following years, some of the candidates were eventually confirmed through different presidential administrations.
| Nominee | Original Nomination | Final Outcome |
|---|---|---|
| Barefoot Sanders | D.C. Circuit Court of Appeals | Later appointed by Jimmy Carter to the Northern District of Texas |
| William Byrne | Central District of California | Renominated by Nixon in 1971; confirmed |
| Cecil F. Poole | Northern District of California | Renominated by Gerald Ford in 1976; confirmed |
| David Bress | District of Columbia | Nomination withdrawn |
Key Facts
- President Nixon withdrew four of President Johnson's judicial nominations three days after taking office.
- The nominees included Barefoot Sanders, David Bress, Cecil F. Poole, and William Byrne.
- Nixon later renominated William Byrne in 1971.
- President Gerald Ford renominated Cecil F. Poole in 1976.
- Barefoot Sanders eventually secured a judgeship under President Jimmy Carter.
Frequently Asked Questions
Why did President Nixon withdraw the nominations?
President Nixon stated that he had no direct understanding or agreement with President Johnson to approve the nominations and intended to examine each candidate himself.
Which court was Barefoot Sanders originally nominated to?
Barefoot Sanders was originally nominated to the United States Court of Appeals for the District of Columbia Circuit.
Did William Byrne eventually become a judge?
Yes, after his initial nomination was withdrawn, President Nixon renominated him in 1971, and he was quickly confirmed by the Senate.
Who eventually confirmed Cecil F. Poole?
Cecil F. Poole was renominated by President Gerald Ford in 1976 and subsequently confirmed by the Senate.
What happened to the seat originally intended for Barefoot Sanders?
The seat on the D.C. Circuit was later filled by George MacKinnon, a nominee of President Nixon.