Nixon was shortly afterward faced with two new vacancies on the high bench due to the retirements of John Marshall Harlan and Hugo Black in 1971.
In spite of the rejections of Haynesworth and Carswell, Nixon announced that he would nominate Hershel Friday and Mildred Lillie to the high bench.
Friday was a former member of the American Bar Association House of Delegates; Lillie was then a little-known judge on an intermediate state appellate court in California.
After the ABA reported both Friday and Lillie as "unqualified", Nixon nominated Lewis Powell and William H. Rehnquist for the vacancies instead, and both were confirmed.
During Nixon's second term, his administration considered appointing then-Deputy Solicitor General Jewel Lafontant to an unspecified federal appeals court judgeship (likely on the Seventh Circuit in her home city of Chicago).