Oct. 2, 1968:

Impeach Earl Warren

If confirmed, Fortas would have succeeded Chief Justice Earl Warren, never a favorite among conservatives.

In the wake of a filibuster led by Senate Republicans and Southern Democrats, President Johnson withdraws the nomination of Abe Fortas to be Chief Justice of the United States.

The move follows a 45-43 vote in the Senate that refused to invoke cloture -- end debate -- and take up the nomination, well short of the two-thirds needed. It's the first time in history that the Senate refused to consider a nomination to the court.

Johnson had nominated Fortas, an old pal whom he named as an Associate Justice in 1965, to succeed retiring Chief Justice Earl Warren.

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6:58 - October 2, 2009