In June 1916, a vacancy arose on the Supreme Court when Associate Justice Charles Evans Hughes resigned to accept the Republican nomination for President. Wilson wanted to fill the seat by appointing his Attorney General, Thomas W. Gregory, but Gregory demurred and suggested Clarke instead. After having Newton Baker (Wilson's Secretary of War and a close friend of Clarke's) speak with Clarke to confirm his opposition to trusts, Wilson offered Clarke the nomination. Though Clarke was reluctant to abandon trial for appellate work, he felt he could not pass on such an honor and accepted. Wilson sent his name to the Senate on July 14, 1916 and Clarke was confirmed by the United States Senate unanimously ten days later.