Harlan F. Stone Supreme Court 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.