But he won confirmation from a Democratic Senate on his record as a campaigner for civil rights.
He later won confirmation to the Court by a narrow margin.
His professional qualifications are not at issue, leading some Congressional aides to say he is likely to win confirmation.
He did not win confirmation from the Senate.
And his political appointments might face difficulty winning legislative confirmation.
Democrats and Republicans in Washington expect him to win confirmation with little trouble.
Some Republicans predicted that he might have difficulty winning confirmation.
But administration officials said there were a number of reasons to think a suitable nominee might win confirmation this year.
By last week it was clear that the judge had enough votes to win confirmation.
But it did not receive enough votes to win automatic confirmation.