# Harlan F. Stone Supreme Court nominations

Harlan F. Stone was nominated and confirmed twice to the Supreme Court of the United States. First in 1925, when President Calvin Coolidge nominated him to serve as an associate justice and again in 1941, when President Franklin D. Roosevelt nominated Justice Stone to be elevated to Chief Justice. Both times, the United States Senate confirmed the nominations.

## 1925 nomination for associate justice

In 1925, President Calvin Coolidge successfully nominated Harlan F. Stone to serve as an associate justice of the Supreme Court of the United States, filling the vacancy left by Joseph McKenna's retirement.

### Nomination by President Coolidge

Shortly after President Coolidge won reelection in the 1924 United States presidential election, Justice McKenna retired from the Supreme Court. On January 5, 1925, Calvin Coolidge nominated Stone to replace McKenna as an Associate Justice. It does not appear that Coolidge considered any other candidates for the vacancy other than Stone. Stone himself had urged Coolidge to appoint Benjamin N. Cardozo.
Stone's nomination was greeted with general approval, although there were rumors that Stone might have been selected because of his antitrust activities. Some Senators raised concerns about Stone's connection to Wall Street making him a tool of corporate interests. He was widely regarded as having strong character, education, and temperament making him suited for the court.

### Judiciary Committee reviews
#### First review

During their initial review of the nomination, the Senate Judiciary Committee held a single closed door hearing on January 12, 1925. In this hearing, they heard testimony from Willard Saulsbury Jr. The Senate Judiciary Committee gave Stone's nomination a favorable recommendation on January 21, 1925.

#### Second review

Senator Burton K. Wheeler, a progressive member of the Democratic Party, and others raised objections to the nomination due to Stone's nomination. It was alleged that a federal grand jury indictment of Wheeler was politically motivated under Stone's preview as U.S. attorney general, and that Stone had taken questionable actions in relation to the investigation. The Senate had examined the charges against Wheeler, exonerating Wheeler in the judgement of a Senate inquiry. However, Stone did not withdraw the indictment. It was alleged that the motivations of the indictment was due to Wheeler's investigating of Stone's predecessor as attorney general, Harry Daugherty, for his failure to prosecute parties involved in the Teapot Dome scandal. A Senate investigation led by Wheeler had forced Daugherty to resign.
Other concerns raised related to Stone's Wall Street connections.
Based upon these concerns, on January 24, 1925, Wheeler-ally Senator Thomas J. Walsh persuaded the Senate to return the nomination to the Judiciary Committee for continued review. President Coolidge refused to withdraw his nomination of Stone. He agreed to a compromise that would see Stone provide an unprecedented testimony to the Judiciary Committee. No previous Supreme Court nominee had ever appeared before the Judiciary Committee.
To address concerns about his nomination, Stone proposed that he answer questions of the Senate Judiciary Committee in person. The nomination was returned by the Senate to committee on January 26, 1925. On January 28, Stone became the first Supreme Court nominee to testify before the Senate Judiciary Committee hearings on their nomination. The hearing was open to the public. and Stone was questioned on his role related to the Teapot Dome scandal. Stone performed well in his five hours of testimony. On February 2, 1925, the committee again gave his nomination an favorable recommendation.

### Confirmation vote

On February 25, 1925, the full Senate then voted 60–27 to consider the nomination. Stone was thereafter confirmed by the Senate by a vote of 71–6 and received his commission the same day. On March 2, 1925, Stone took the oath as Associate Justice administered by Chief Justice William Howard Taft. He would prove to be Coolidge's only Supreme Court appointment.
Vote to confirm the Stone nomination :
| February 25, 1925 | Party | Party | Party | Total votes |
| February 25, 1925 | Democratic | Republican | Farmer–Labor | Total votes |
| Yea | 27 | 44 | 0 | 71 |
| Nay | 2 | 2 | 2 | 6 |
| Not voting | 13 | 6 | 0 | 19 |
| Result: Confirmed |||||
| Roll call vote on the nomination SenatorPartyStateVote Henry F. AshurstDArizonaYea L. Heisler BallRDelawareYea Thomas F. Bayard Jr.DDelawareNot voting Hiram Bingham IIIRConnecticutYea William BorahRIdahoYea Smith W. BrookhartRIowaYea Edwin S. BroussardDLouisianaYea William Cabell BruceDMarylandYea Holm O. BursumRNew MexicoYea William M. ButlerRMassachusettsYea Ralph H. CameronRArizonaYea Arthur CapperRKansasYea Thaddeus H. CarawayDArkansasNot voting Royal S. CopelandDNew YorkYea James J. CouzensRMichiganYea Albert B. CumminsRIowaYea Charles CurtisRKansasYea Porter H. DaleRVermontYea Nathaniel B. DialDSouth CarolinaYea Clarence DillDWashingtonNot voting Walter Evans EdgeRNew JerseyYea Edward I. EdwardsDNew JerseyYea Davis ElkinsRWest VirginiaNot voting Richard P. ErnstRKentuckyYea Bert M. FernaldRMaineYea Woodbridge N. FerrisDMichiganYea Simeon D. FessROhioYea Duncan U. FletcherDFloridaYea Lynn FrazierRNorth DakotaNay Walter F. GeorgeDGeorgiaYea Peter G. GerryDRhode IslandNot voting Carter GlassDVirginiaYea Frank R. GoodingRIdahoYea Frank L. GreeneRVermontYea Frederick HaleRMaineYea John W. HarreldROklahomaYea William J. HarrisDGeorgiaNot voting Pat HarrisonDMississippiYea James Thomas HeflinDAlabamaNay Robert B. HowellRNebraskaYea Hiram JohnsonRCaliforniaYea Magnus JohnsonF–LMinnesotaNay Andrieus A. JonesDNew MexicoYea Wesley Livsey JonesRWashingtonYea John B. KendrickDWyomingYea Henry W. KeyesRNew HampshireYea William H. KingDUtahNot voting Robert M. La FolletteRWisconsinNot voting Edwin F. LaddRNorth DakotaYea Irvine LenrootRWisconsinNot voting Earle Bradford MayfieldDTexasYea Medill McCormickRIllinoisNot voting Kenneth McKellerDTennesseeYea William B. McKinleyRIllinoisYea George P. McLeanRConnecticutYea Charles L. McNaryROregonYea Rice W. MeansRColoradoYea Jesse H. MetcalfRRhode IslandYea George H. MosesRNew HampshireNot voting Matthew M. NeelyDWest VirginiaYea Peter NorbeckRSouth DakotaYea George W. NorrisRNebraskaNay Tasker OddieRNevadaYea Lee Slater OvermanDNorth CarolinaYea Robert Latham OwenDOklahomaNot voting George W. PepperRPennsylvaniaYea Lawrence C. PhippsRColoradoYea Key PittmanDNevadaNot voting Samuel M. RalstonDIndianaNot voting Joseph E. RansdellDLouisianaYea David A. ReedRPennsylvaniaYea James ReedDMissouriYea Joseph Taylor RobinsonDArkansasYea Morris SheppardDTexasYea John K. ShieldsDTennesseeYea Henrik ShipsteadF–LMinnesotaNay Samuel M. ShortridgeRCaliforniaYea Furnifold McLendel SimmonsDNorth CarolinaYea Ellison D. SmithDSouth CarolinaYea Reed SmootRUtahYea Selden P. SpencerRMissouriNot voting Robert StanfieldROregonYea Augustus Owsley StanleyDKentuckyYea Hubert D. StephensDMississippiNot voting Thomas SterlingRSouth DakotaYea Claude A. SwansonDVirginiaYea Park TrammellDFloridaNay Oscar UnderwoodDAlabamaNot voting James Wolcott Wadsworth Jr.RNew YorkYea David I. WalshDMassachusettsYea Thomas J. WalshDMontanaNot voting Francis E. WarrenRWyomingYea James Eli WatsonRIndianaYea Ovington WellerRMarylandYea Burton K. WheelerDMontanaNot voting Frank B. WillisROhioYea Source: |||||

## 1941 nomination for chief justice

In 1941, President Franklin D. Roosevelt successfully nominated Harlan F. Stone to be elevated from associate justice to chief justice, succeeding the retiring Charles Evans Hughes. Chief Hughes had started to consider retiring from the court in 1940, partially due to the declining health of his wife. In June 1941, Hughes informed Roosevelt of his impending retirement, and recommended that Roosevelt elevate Stone to be his successor as chief justice. Roosevelt accepted this suggestion. Stone's support for the New Deal had earned him favor from President Franklin D. Roosevelt. On June 12, 1941, President Roosevelt nominated Stone for chief justice,
After it held a single hearing on Stone's nomination on June 21, 1941, the Senate Judiciary Committee gave his nomination a favorable recommendation on June 23, 1941. Stone was confirmed by a voice vote in the Senate on June 27, 1941, and received his commission on July 3, 1941.