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Carswell, George Harrold

The Oxford Companion to the Supreme Court of the United States | 2005 | | © The Oxford Companion to the Supreme Court of the United States 2005, originally published by Oxford University Press 2005. (Hide copyright information) Copyright

Carswell, George Harrold (b. Irwinton, Ga., 22 Dec. 1919; d. Tallahassee, Fla., 31 July 1992), rejected nominee for Supreme Court. After five years in private practice and another five years as U.S. attorney, Carswell was appointed to the U.S. District Court for Northern Florida by President Dwight Eisenhower in 1958. In 1969 President Richard Nixon elevated him to the Fifth Circuit Court of Appeals. Six months later, on 19 January 1970, Nixon nominated Carswell for the Supreme Court vacancy created by the resignation of Justice Abe Fortas, after the Senate had rejected Nixon's first nominee, Clement Haynsworth. The Senate also rejected Carswell, 51 to 45, on 8 April 1970. Two weeks later Carswell resigned from the federal bench to run in the Florida Republican primary for the U.S. Senate. He lost that election and returned to Tallahassee to practice law.

The Carswell nomination was attacked on both political and professional grounds. He was criticized for racial remarks in a 1948 campaign speech, for his courtroom treatment of African‐Americans, and for helping a municipal golf course evade desegregation while he was U.S. attorney. Prominent lawyers and law professors criticized his judicial record, noting that his reversal rate as district judge was among the highest in his circuit. Republican senator Roman Hruska of Nebraska, who was floor manager for the nomination, did not help Carswell with his comment, cited in the Congressional Record, that even the mediocre are “entitled to a little representation.”

See also Nominations, Controversial; Nominees, Rejection of.

Susan M. Olson

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