A prominent lawyer and jurist, Badger was nominated by U.S. president Millard Fillmore to replace Supreme Court Justice John McKinley, who had died. In spite of his impeccable qualifications, political considerations prevented his confirmation.
Badger achieved prominence as one of the foremost legal minds of the mid-nineteenth century, rivaled only by Supreme Court Justice Joseph Story. After serving as a judge on the North Carolina superior court, he argued more than seven hundred cases before the U.S. Supreme Court. As a member of the U.S. Senate, he was regarded as an unsurpassed authority on constitutional law.
In 1853, after the death of U.S. Supreme Court Justice John McKinley, President Millard Fillmore
Nominations to the Court