When Fred Vinson died in the fall of 1953, with Brown v. Board Of Education still undecided and congress out of session, Earl Warren became the second Chief Justice to reach the position by recess appointment. Not wanting to suffer the fate of George Washington’s recess appointee who went unconfirmed, Warren calculated the impact on southern members of the Senate Judiciary Committee and remained silent on Brown v. Board of Education until his confirmation had been secured.
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