Associate Justice John McKinley's death in July, 1852, led to repeated, fruitless attempts by the president to fill the vacancy.[2] The three unsuccessful nominees included Edward A. Bradford, nominated August 16, 1852, George Edmund Badger, nominated January 3, 1853 and William C. Micou, nominated February 14, 1853. The United States Senate took no action on any of the nominees.
Fillmore shared the appointment of Henry Boyce with Zachary Taylor. Taylor recess appointed Boyce and later nominated him. However, the United States Senate did not confirm Boyce until after Taylor's death and Boyce received his commission from Fillmore.
^Recess appointment; formally nominated on December 11, 1851, confirmed by the United States Senate on December 20, 1851, and received commission on December 20, 1851.