Plausibility Check: Learned Hand appointed to the Supreme Court in 1949

Learned Hand was one of the best-known judges who was never appointed to the Supreme Court. Apparently, he was nearly appointed by FDR in the early 40s at the insistence of Justice Frankfurter, but FDR wanted someone younger. That being said, Truman may have had different prerogatives. So, is it plausible that Truman could have nominated Hand (rather than Tom Clark or Sherman Minton) to one of the two Supreme Court vacancies that opened up in 1949?
 
Maybe...but how would things change? I can think after a cursory review that everything from Civil Rights to Copyright law* could turn out differently...

* Perhaps with a different judge, Fawcett Comics may still be in business...
 
Learned Hand was one of the best-known judges who was never appointed to the Supreme Court. Apparently, he was nearly appointed by FDR in the early 40s at the insistence of Justice Frankfurter, but FDR wanted someone younger. That being said, Truman may have had different prerogatives. So, is it plausible that Truman could have nominated Hand (rather than Tom Clark or Sherman Minton) to one of the two Supreme Court vacancies that opened up in 1949?

Maybe. Truman had an unfortunate habit of appointing his old drinking buddies to the Court, and they all turned out to be quite conservative and complete mediocrities. Learned Hand would have been a pretty sharp departure from this pattern.
 
Maybe...but how would things change? I can think after a cursory review that everything from Civil Rights to Copyright law* could turn out differently...

* Perhaps with a different judge, Fawcett Comics may still be in business...

Well, my goal is to change the ruling in Bailey v. Richardson (1950) from a 4-4 that upheld the DC Circuit Court's decision to validate loyalty tests under Executive Order 9835 to a 5-3 that finds them unconstitutional, taking a bit of the wind out of the sails of the Second Red Scare.
 
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