[2] Wallace was nominated by President Nixon on May 22, 1972, to a seat on the United States Court of Appeals for the Ninth Circuit vacated by James Marshall Carter.

Alongside Pasco Bowman II of the Eighth Circuit, however, Wallace was viewed by the Senate's Democratic majority as the most controversial amongst the thirteen or fourteen nominees proposed after Bork was rejected.

[5] Wallace's devout Mormon faith, strong support for the death penalty based upon the Bible,[6] and belief that strict separation of church and state was not mandated by the Constitution[7] were all viewed unfavourably by Republican officials aware of a requirement for Democratic support and consultation.

[8] Democrats themselves voiced strong objection to Wallace as an excessively ideological candidate akin to Bork,[8] and he was further hindered by his 1984 ruling that rejected an appeal by female athletes to include longer-distance races for women in the Summer Olympics.

[9] On October 22, 2019, Wallace wrote a 2—1 opinion that prohibited religious exemptions for businesses that did not want to participate in the healthcare system due to support of contraceptives.