A total of 6 U.S. Court of Appeals nominees have failed to get a seat on the high bench . Such was the case of Harriet Miers , whom President George W. Bush nominated in 2005 , but withdrew under criticism that she was unqualified . Wheeler Peckham got a thumbs down after blocking a well-trod route for patronage . William B. Hornblower and Wheeler Peckham rejected through home state courtesy . Newspaper claimed Alexander Wolcott 's nomination degraded the country .
A total of 6 U.S. Court of Appeals nominees have failed to get a seat on the high bench . Wheeler Peckham got a thumbs down after blocking a well-trod route for patronage . William B. Hornblower and Wheeler Peckham rejected through home state courtesy . Newspaper claimed Alexander Wolcott 's nomination degraded the country .