[205] Harlan was nonetheless confirmed and served on the court for 34 years, voting (usually in the minority) for aggressive enforcement of the civil rights laws.[205] In 1880, a second seat became vacant upon the resignation of Justice William Strong. Hayes nominated William Burnham Woods, a carpetbagger Republican circuit court judge from Alabama.[206] Woods served six years on the Court, ultimately proving a disappointment to Hayes as he interpreted the Constitution in a manner more similar to that of Southern Democrats than to Hayes's own preferences.[207]
Hayes unsuccessfully attempted to fill a third vacancy in 1881. Justice Noah Haynes Swayne resigned with the expectation that Hayes would fill his seat by appointing Stanley Matthews, a friend of both men.[208] Many senators objected to the appointment, believing that Matthews was too close to corporate and railroad interests, especially those of Jay Gould,[209] and the Senate adjourned without voting on the nomination.[208] The following year, when James A. Garfield entered the White House, he resubmitted Matthews's nomination to the Senate, which this time confirmed Matthews by one vote, 24 to 23.[208] Matthews served for eight years until his death in 1889. 