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However, when Black was nominated, the Senate departed from this tradition for the first time since 1853; instead of confirming him immediately, it referred the nomination to the Judiciary Committee.
Black was criticized for his presumed bigotry, his cultural roots, and his Klan membership, when that became public.
During his political career, Black was regarded as a staunch supporter of liberal policies and civil liberties.
Both Reed and Minton were later appointed to the Supreme Court; Reed was the next Justice appointed by Roosevelt, while Minton was appointed by Harry Truman in 1949.However, no conclusive evidence of Black's involvement was available at the time, so after six hours of debate, the Senate voted 63–16 to confirm Black.