Abe Fortas in particular was the individual that Johnson thought could fill the bill. The opportunity arose when an opening occurred for ambassador to the UN, with Adlai Stevenson's death; Associate Justice Arthur Goldberg accepted Johnson's offer to transfer to the UN position. Johnson insisted on Fortas assuming Goldberg's seat, over Fortas's wife's objection that it was too early in his career. She expressed disapproval to Johnson personally afterward.[280] When Earl Warren announced his retirement in 1968, Johnson nominated Fortas to succeed him as Chief Justice of the United States, and nominated Homer Thornberry to succeed Fortas as associate justice. However, Fortas's nomination was filibustered by senators, and neither nominee was voted upon by the full Senate.

Post-presidency (1969–1973)
Johnson with longer hair during an interview in August 1972, five months before his death
On Inauguration Day (January 20, 1969), Johnson saw Nixon sworn in, then got on the plane to fly back to Texas. When the front door of the plane closed, Johnson pulled out a cigarette—his first cigarette he had smoked since his heart attack in 1955. One of his daughters pulled it out of his mouth and said, "Daddy, what are you doing? 