Roosevelt had nominated Judge Day as an Associate Justice of the U.S. Supreme Court on February 19, 1903, and he was confirmed by the Senate four days later. Day assumed his seat on March 2, but apparently was felled by an illness: "My Dear Mrs. Day, I must write you just a line to tell you our heartfelt gratitude at the betterment in the judge's condition. I need hardly say how keen has been our anxiety about him and our sympathy with you. Faithfully yours, Theodore Roosevelt."