The outgoing president, Fillmore, offered to nominate Benjamin, a fellow Whig, to fill a Supreme Court vacancy after the Senate Democrats had defeated Fillmore's other nominees for the post. "The New York Times" reported on February 15, 1853, that "if the President nominates Benjamin, the Democrats are determined to confirm him." The new president, Franklin Pierce, a Democrat, also offered Benjamin a place on the Supreme Court. Pierce Butler suggested in his 1908 biography of Benjamin that the newly elected senator likely declined these offers not only because he preferred active politics, but because he could maintain his law practice and substantial income as a senator, but could not as a justice. As an advocate before the U.S. Supreme Court, Benjamin won 13 of his first 18 cases.