On February 5, 1861, President Buchanan nominated him for a seat on the Supreme Court of the United States; but a February 21 motion to proceed to consider the nomination was defeated 25–26, and it lapsed at the end of the 36th Congress. Subsequently, Black was named Reporter of Decisions of the Supreme Court of the United States, a position he held for two years. After publishing the reports for 1861 and 1862 (U.S. 66–67), he resigned and devoted himself almost exclusively to his private law practice.