 Marshall was confirmed as an Associate Justice by a Senate vote of 69-11 on August 31, 1967.When Chief Justice Earl Warren announced his retirement in June 1968, Johnson nominated Associate Justice Fortas to replace Warren as Chief Justice, and nominated Homer Thornberry (whom Johnson had previously appointed to the United States Court of Appeals for the Fifth Circuit in 1965) to the Associate Justice seat that Fortas would be vacating.Thornberry was chosen out of a larger field of candidates who were considered, including former United States Deputy Secretary of Defense Cyrus Vance, Maine Senator Edmund Muskie, United States Secretary of the Treasury Henry H. Fowler and prominent lawyer Albert E. Jenner, Jr.