Personal correspondences between the President and some in the Republican Party suggested Johnson tacitly supported Nelson Rockefeller's campaign. He reportedly said that if Rockefeller became the Republican nominee, he would not campaign against him (and would not campaign for Humphrey).[279] In what was termed the October surprise, Johnson announced to the nation on October 31, 1968, that he had ordered a complete cessation of "all air, naval and artillery bombardment of North Vietnam", effective November 1, should the Hanoi Government be willing to negotiate and citing progress with the Paris peace talks. In the end, Democrats did not fully unite behind Humphrey, enabling Republican candidate Richard Nixon to win the election.

Judicial appointments
See also: Lyndon B. Johnson judicial appointments and Lyndon B. Johnson judicial appointment controversies
Johnson appointed Thurgood Marshall, the first African American justice, to the Supreme Court.
Johnson appointed Justices Abe Fortas (1965) and Thurgood Marshall (1967) to the Supreme Court of the United States. Johnson anticipated court challenges to his legislative measures in 1965 and thought it advantageous to have a "mole" in the Supreme Court who he thought could provide him with inside information, as he was able to get from the legislative branch. 