Homer Thornberry
Homer Thornberry was a prominent Texas politician and federal judge, appointed by President Lyndon B. Johnson to the Fifth Circuit Court of Appeals in 1965. His career in the judiciary took a significant turn in 1968 when Johnson nominated him to fill a vacancy on the Supreme Court, believing he would be a suitable successor to Justice Abe Fortas. However, the nomination faced considerable opposition due to perceptions of cronyism and concerns about Thornberry's qualifications for the Supreme Court. Secretary of Defense Clark Clifford advised against the nomination, suggesting that it would hinder Fortas's confirmation as Chief Justice. Despite the administration's efforts to garner support, Thornberry ultimately requested the withdrawal of his nomination amid mounting resistance from the Senate. Following this setback, he continued his judicial career on the Fifth Circuit, becoming a senior judge in 1979. Thornberry's experiences reflect the complexities and challenges of judicial appointments during a politically charged era in American history.
Subject Terms
Homer Thornberry
Nominated by: Lyndon B. Johnson
Significance: Federal judge whose nomination by President Lyndon B. Johnson to the Supreme Court raised allegations concerning presidential “cronyism.”
Thornberry was a Texas politician whom President Lyndon B. Johnson appointed to the Fifth Circuit Court of Appeals in 1965. Three years later, upon receiving word that Chief Justice Earl Warren intended to retire, Johnson planned to elevate Justice Abe Fortas to the position of chief justice and nominate Thornberry for Fortas’s vacant position on the court. Secretary of Defense Clark Clifford argued that the Thornberry nomination would fail because the Texas judge was perceived as being too close to Johnson. Warning the president that the Thornberry nomination would impede Fortas’s confirmation, Clifford urged Johnson to nominate a Republican instead of Thornberry. However, Johnson ignored Clifford’s advice, and on June 26, 1968, he announced the Thornberry nomination.
Johnson’s political instincts proved wrong in this instance. In addition to making allegations of cronyism, some senators believed that Thornberry did not possess the qualifications to be a Supreme Court justice. Nonetheless, officials in the Johnson administration worked to secure support for the nominee. However, when the Fortas nomination met with significant opposition from the Senate, Thornberry asked Johnson to withdraw his nomination, which the president did in October, 1968. Thornberry continued to serve on the Fifth Circuit Court of Appeals, becoming a senior judge in 1979.