In 1968, less than a year from a presidential election, Chief Justice Warren, fearing that Nixon would be elected president, decided to retire before the upcoming election. President Johnson nominated Associate Justice Abe Fortas to become the new Chief Justice and Homer Thornberry, a liberal congressman, to become a new Associate Justice.
The nomination met opposition in the Senate, with senators calling on President Johnson to allow the next president to make the choice instead. They filibustered successfully and Johnson withdrew the nomination. Richard Nixon won the election, and following his inauguration named Warren E. Burger to replace Chief Justice Warren.
That was the only time in the last 100 years that a President attempted to nominate a Supreme Court justice this close to an election.
Until now.
http://spectator.org/articles/39761/fortas-filibuster-and-stevens-seat
The nomination met opposition in the Senate, with senators calling on President Johnson to allow the next president to make the choice instead. They filibustered successfully and Johnson withdrew the nomination. Richard Nixon won the election, and following his inauguration named Warren E. Burger to replace Chief Justice Warren.
That was the only time in the last 100 years that a President attempted to nominate a Supreme Court justice this close to an election.
Until now.
http://spectator.org/articles/39761/fortas-filibuster-and-stevens-seat