History of the Supreme Court

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Supreme Court of the United States

The Supreme Court of the United States was established under Article III of the Constitution of the United States. Though Article III provided for the creation of one Supreme Court and inferior Courts, the Judiciary Act of 1789 created the structure of the court system.[1] On September 24, 1789, the Act was signed into law by President George Washington. That same day, he nominated John Jay to serve as the first Chief Justice of the United States Supreme Court.[2][3][4]

The size, jurisdiction, location, and recognized authority of the Supreme Court have changed over the years. The only thing that has remained constant is the selection of its justices. Both the Chief Justice and Associate Justices are nominated by the President of the United States and confirmed by the United States Senate. Once justices are confirmed, they are appointed for life and are only removed from office by death, retirement or impeachment.

The Royal Exchange Building

Inaugural session[edit]

The Supreme Court was scheduled to convene for the first time on February 1, 1790 in the Royal Exchange Building in New York City.[4] However, only three justices were present, so a quorum was not met. The next day, John Blair was present and the Court officially came to order.[5]

Members[edit]

In addition to nominating Chief Justice Jay, on September 24, 1789, President Washington also nominated five Associate Justices: John Rutledge, William Cushing, John Blair, James Wilson and Robert Harrison. All five were confirmed by the Senate, though Harrison declined the nomination for health reasons.[6] In his place, Washington nominated James Iredell.

Jurisdiction[edit]

Article III of the United States Constitution outlines the jurisdiction of the federal courts of the United States:[7]

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.[8]

1789[edit]

Article III did not define the appellate jurisdiction of the Supreme Court, but instead granted Congress the power to define the specific jurisdiction of the Court. As defined by the Judiciary Act of 1789, the Supreme Court court reviews:

  • By writ of error, judgments in civil actions of the circuit courts if the amount in question was more than $2,000.
  • State court decisions when federal authority was challenged.
  • Any case where a right, law or treaty of the United States was denied.[9]

The Court's original jurisdiction is narrowly focused, as defined in Article III, Section 2:[7]

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have original Jurisdiction.[8]

The Court's appellate jurisdiction encompasses all cases within the scope of Article III, but is subject to limitation by Act of Congress under the Exceptions Clause in Article III and by the discretion of the Court.[7]

Current jurisdiction[edit]

The Supreme Court holds both original and appellate jurisdiction, with its appellate jurisdiction accounting for most of the Court's caseload.

The federal courts may only entertain cases or controversies. Therefore, the Court avoids deciding cases that are moot and does not render advisory opinions. This exception is not absolute; if an issue is "capable of repetition yet evading review," the Court will address it even though the party before the Court would not himself be made whole by a favorable result.

Number of justices[edit]

History of the Supreme Court
Seal of SCOTUS.png
Table of Contents
Inaugural session
Jurisdiction
Number of justices
Terms
Eras
List of all justices
See also:

Supreme Court of the United States
Supreme Court cases, October term 2022-2023
Justices:
Chief Justice Roberts, Alito, Barrett, Gorsuch, Jackson, Kagan, Kavanaugh, Sotomayor, Thomas

External links
References
Number of Justices Set by Change
Chief Justice + 5 Associate Justices Judiciary Act of 1789
Chief Justice + 4 Associate Justices Judiciary Act of 1801 (later repealed)
-1
Chief Justice + 6 Associate Justices Seventh Circuit Act of 1807
+2
Chief Justice + 8 Associate Justices Eighth and Ninth Circuits Act of 1837
+2
Chief Justice + 9 Associate Justices Tenth Circuit Act of 1863
+1
Chief Justice + 6 Associate Justices Judicial Circuits Act of 1866
-3
Chief Justice + 8 Associate Justices Judiciary Act of 1869
+2

Politics and the number of seats[edit]

Judiciary Act of 1801[edit]

The Judiciary Act of 1801, also known as the Circuit Court Act and the Midnight Judges Act, was passed at the very end of President John Adams' administration and during the second session of the Sixth Congress. The Act became law on February 13, 1801 after passing first the House (on January 20th, 1801) and then the Senate (on February 7, 1801). Because of the timing of its passage, many of the judicial appointments became known as midnight judges (or midnight appointments). These appointments were challenged in the Supreme Court case Marbury et al. v. Madison (1803).

The Judiciary Act of 1801 created six distinct judicial circuits in order to increase the power of the judiciary. It also created three judgeships for the five circuits east of the Appalachian mountains. It abolished the practice of "riding circuit" for the Justices of the Supreme Court, since new judges presided over the courts.[10]

The first example of a political party attempting to shape the Court came with the Judiciary Act of 1801. After President Adams lost his bid for re-election in 1800, the Federalist-controlled Congress passed this Act, which reduced the number of Supreme Court justices by one with the next vacancy. The reduction of Supreme Court justices was intended to delay President Jefferson's chance to nominate someone to the court.[11]

Judicial Circuits Act of 1866[edit]

The only other time that the number of Supreme Court justices was reduced was with the Act of 1866. This Act can be viewed from two different perspectives. One, the passage of it eliminated three seats on the Supreme Court, nullifying the pending nomination of Henry Stanberry. Stanberry was the only justice nominated to the Court by President Andrew Johnson, who was impeached by the Republican-controlled House of Representatives two years later.[12] However, Johnson signed the legislation into law prior to his impeachment. According to the Federal Judicial Center, it was Chief Justice Salmon Chase who urged lawmakers to reduce the size of the Court in an attempt to increase the salaries of sitting justices.[12]

President Roosevelt's plan[edit]

One notable attempt to increase the number of Associate Justices came from President Franklin D. Roosevelt, who proposed the Judiciary Reorganization Bill of 1937. In what was seen as a blatant attempt to fill the court with more justices favorable to New Deal legislation, Roosevelt proposed appointing a new justice for every sitting justice over the age of 70. This would have amounted to six new justices at the time. Later, the Reorganization Bill was passed without the additional justice provision.[13]

United States Supreme Court

Terms[edit]

The original Court held two sessions per year, in February and August. The Judiciary Act of 1802 eliminated the separate sessions and instead dictated that there would be one session which started on the first Monday in February.[14]

In 1873, Congress changed the start of a new term to the second Monday in October. Forty-four years later, Congress moved the start of a new term to the first Monday in October to accommodate a growing docket.[15]

Until 1978, the Court had a formal recess in July and August, though it would reconvene for matters of national significance. Presently, the court recesses in June, but continues to work throughout the summer.[16]

Chief Justice eras[edit]

See also: United States Supreme Court cases and courts

The Jay Court (1789-1795)[edit]

John Jay (Gilbert Stuart portrait).jpg


The Jay Court lasted from 1789 to 1795, during the presidency of George Washington. John Jay was the first Chief Justice of the Supreme Court of the United States. He was nominated by President George Washington and served from September 26, 1789, to June 29, 1795.[17]

Justices

Tenure Justice Nominated By
09/26/1789 - 05/7/1791 John Rutledge George Washington
09/29/1789 - 08/21/1798 James Wilson George Washington
09/30/1789 - 10/25/1795 John Blair George Washington
02/10/1790 - 10/20/1799 James Iredell George Washington
09/27/1789 - 09/13/1810 William Cushing George Washington
11/07/1791 - 01/16/1793 Thomas Johnson George Washington
03/04/1793 - 09/09/1806 William Paterson George Washington


For more on major cases of The Jay Court, click here.

The Rutledge Court (1795)[edit]

John Rutledge.jpg


The Rutledge Court was the shortest Chief Justice era in United States history. John Rutledge served as Chief Justice of the Supreme Court of the United States during 1795, starting with a nomination during the senatorial recess. The nomination was rejected when the Senate came back into session in December because Rutledge had previously condemned the Jay Treaty, saying it was too favorable to the British.[18][19]

According to The Supreme Court Historical Society, this nomination and subsequent rejection was the first time the Senate did not approve a notable nomination by a president.[18]

Justices

Tenure Justice Nominated By
09/29/1789 - 08/21/1798 James Wilson George Washington
09/30/1789 - 10/25/1795 John Blair George Washington
02/10/1790 - 10/20/1799 James Iredell George Washington
09/27/1789 - 09/13/1810 William Cushing George Washington
03/04/1793 - 09/09/1806 William Paterson George Washington


For more on major cases of The Rutledge Court, click here.

The Ellsworth Court (1796-1800)[edit]

Oliver Ellsworth.jpg


The Ellsworth Court marks one of shortest tenures of a Chief Justice in the history of the United States, lasting from March 1796 to September 1800. Oliver Ellsworth served during the presidencies of George Washington and John Adams.

Ellsworth was nominated as Chief Justice of the United States Supreme Court by President George Washington on March 3, 1796, and was confirmed by the Senate on March 4, 1796. He received commission on the same day.[2] In 1799, Ellsworth was sent to France to negotiate a treaty with Napoleon. During his travels, he informed President Adams of his resignation, effective December 15, 1800.[20][2]

Justices

Tenure Justice Nominated By
09/26/1789 - 03/05/1791 John Rutledge George Washington
09/29/1789 - 08/21/1798 James Wilson George Washington
02/10/1790 - 10/20/1799 James Iredell George Washington
09/27/1789 - 09/13/1810 William Cushing George Washington
03/04/1793 - 09/09/1806 William Paterson George Washington
09/30/1789 - 06/19/1811 Samuel Chase George Washington
12/20/1798 - 11/26/1829 Bushrod Washington John Adams
12/10/1799 - 01/26/1804 Alfred Moore John Adams


For more on major cases of The Ellsworth Court, click here.


The Marshall Court (1801-1835)[edit]

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The Marshall Court lasted from 1801 to 1835, during the presidencies of John Adams, Thomas Jefferson, James Madison, James Monroe, John Quincy Adams, and Andrew Jackson.

John Marshall was nominated as Chief Justice by President John Adams on January 20, 1801, to succeed Oliver Ellsworth. Marshall was confirmed by the United States Senate on January 27, 1801, and received commission on January 31, 1801. John Marshall's tenure as chief justice lasted for 34 years, the longest in American history for any chief justice. He presided over 1000 decisions and wrote over 500 opinions.[21][22] His service ended upon his death on July 6, 1835.[23]

Justices

Tenure Justice Nominated By
09/27/1789 - 09/13/1810 William Cushing George Washington
03/04/1793 - 09/09/1806 William Paterson George Washington
01/27/1796 - 06/19/1811 Samuel Chase George Washington
12/20/1798 - 11/26/1829 Bushrod Washington John Adams
12/10/1799 - 01/26/1804 Alfred Moore John Adams
03/26/1804 - 08/04/1834 William Johnson, Jr. Thomas Jefferson
01/16/1807 - 03/18/1823 Henry Brockholst Livingston Thomas Jefferson
03/03/1807 - 02/07/1826 Thomas Todd Thomas Jefferson
11/18/1811 - 01/12/1835 Gabriel Duvall James Madison
11/18/1811 - 09/10/1845 Joseph Story James Madison
12/09/1823 - 12/18/1843 Smith Thompson James Monroe
05/09/1826 - 08/25/1828 Robert Trimble (Supreme Court) John Quincy Adams
01/06/1830 - 04/21/1844 Henry Baldwin Andrew Jackson
03/07/1829 - 04/04/1861 John McLean Andrew Jackson
01/09/1835 - 07/05/1867 James Moore Wayne Andrew Jackson


For more on major cases of The Marshall Court, click here.

The Taney Court (1836-1864)[edit]

RogerTaney.jpg


The Taney Court lasted from March 1836 to October 1864, during the presidencies of Andrew Jackson (D), Martin Van Buren (D), William Henry Harrison (Whig), John Tyler (Whig), Zachary Taylor (Whig), Millard Fillmore (Whig), Franklin Pierce (D), James Buchanan, and Abraham Lincoln (R).

Roger Brooke Taney was nominated as the fifth Supreme Court Chief Justice by President Andrew Jackson (D) on December 28, 1835. Taney was later confirmed by the Senate and served from March 15, 1836, to October 12, 1864. Previously, he had been nominated as an Associate Justice of the Supreme Court in 1835, but that nomination was indefinitely postponed.[2]

Justices

Tenure Justice Nominated By
11/18/1811 - 09/10/1845 Joseph Story James Madison
12/09/1823 - 12/18/1843 Smith Thompson James Monroe
01/06/1830 - 04/21/1844 Henry Baldwin Andrew Jackson
03/07/1829 - 04/04/1861 John McLean Andrew Jackson
01/09/1835 - 07/05/1867 James Moore Wayne Andrew Jackson
03/15/1836 - 02/15/1841 Philip Pendelton Barbour Andrew Jackson
03/03/1837 - 05/30/1865 John Catron Andrew Jackson
09/25/1837 - 07/19/1852 John McKinley Martin Van Buren
03/03/1841 - 05/31/1860 Peter Vivian Daniel Martin Van Buren
01/03/1846 - 09/04/1851 Levi Woodbury James Polk
02/13/1845 - 11/28/1872 Samuel Nelson James Polk
08/04/1846 - 01/31/1870 Robert Cooper Grier James Polk
12/20/1851 - 09/30/1857 Benjamin Robbins Curtis Millard Fillmore
03/22/1853 - 04/30/1861 John Archibald Campbell Franklin Pierce
01/12/1958 - 07/25/1881 Nathan Clifford James Buchanan
07/16/1862 - 10/13/1890 Samuel Freeman Miller Abraham Lincoln
12/08/1862 - 03/04/1877 David Davis Abraham Lincoln
01/24/1862 - 01/24/1881 Noah Haynes Swayne Abraham Lincoln
03/10/1863 - 12/01/1897 Stephen Johnson Field Abraham Lincoln


For more on major cases of The Taney Court, click here.


The Chase Court (1864-1873)[edit]

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The Chase Court lasted from December 1864 to May 1873, during the presidencies of Abraham Lincoln (R), |Andrew Johnson (D), and Ulysses S. Grant (R).

Salmon Portland Chase was nominated as Chief Justice of the Supreme Court of the United States in 1864 by President Abraham Lincoln. He was confirmed by the United States Senate on December 6, 1864, and was commissioned on the same day. Chase was the sixth Chief Justice in the history of the Supreme Court. Chase served as Chief Justice until his death on May 7, 1873.[24]

Justices

Tenure Justice Nominated By
01/09/1835 - 07/05/1867 James Moore Wayne Andrew Jackson (D)
03/08/1837 - 05/30/1865 John Catron Andrew Jackson (D)
02/13/1845 - 11/28/1872 Samuel Nelson James Polk (D)
08/04/1846 - 01/31/1870 Robert Cooper Grier James Polk (D)
01/12/1858 - 07/25/1881 Nathan Clifford James Buchanan (D)
07/16/1862 - 10/13/1890 Samuel Freeman Miller Abraham Lincoln (R)
12/08/1862 - 03/04/1877 David Davis Abraham Lincoln (R)
01/24/1862 - 01/24/1881 Noah Haynes Swayne Abraham Lincoln (R)
03/10/1863 - 12/01/1897 Stephen Johnson Field Abraham Lincoln (R)
02/18/1870 - 12/14/1880 William Strong Ulysses S. Grant (R)
03/21/1870 - 01/22/1892 Joseph Bradley Ulysses S. Grant (R)
12/11/1872 - 01/27/1882 Ward Hunt Ulysses S. Grant (R)


For more on major cases of The Chase Court, click here.


The Waite Court (1874-1888)[edit]

Chief Justice Morrison R. Waite, 1816-1917. Member of the committee who advised and assisted William Duncan in the... - NARA - 298108.jpg

The Waite Court lasted from January 1874 to March 1888, during the presidencies of Ulysses S. Grant (R), Rutherford B. Hayes (R), James Garfield (R), Chester A. Arthur (R), and Grover Cleveland (D).

Morrison Waite was nominated to become chief justice of the United States Supreme Court by President Ulysses S. Grant on January 19, 1874. He was confirmed by the Senate on January 21, 1874, and received his commission on the same day. He served until his death on March 23, 1888.[25]

Justices

Tenure Justice Nominated By
01/21/1858 - 07/25/1881 Nathan Clifford James Buchanan
07/21/1862 - 10/13/1890 Samuel Freeman Miller Abraham Lincoln
12/10/1862 - 03/04/1877 David Davis Abraham Lincoln
01/27/1862 - 01/24/1881 Noah Haynes Swayne Abraham Lincoln
05/20/1863 - 12/01/1897 Stephen Johnson Field Abraham Lincoln
03/14/1870 - 12/14/1880 William Strong Ulysses S. Grant
03/23/1870 - 01/22/1892 Joseph Bradley Ulysses S. Grant
1/9/1873 - 01/27/1882 Ward Hunt Ulysses S. Grant
12/10/1877 - 10/14/1911 John Harlan I Rutherford B. Hayes
1/5/1881 - 05/14/1887 William Burnham Woods Rutherford B. Hayes
05/17/1881 - 03/22/1889 Stanley Matthews James Garfield
04/3/1882 - 07/07/1893 Samuel Blatchford Chester A. Arthur
1/9/1882 - 09/15/1902 Horace Gray Chester A. Arthur
01/18/1888 - 01/23/1893 Lucius Quintus Cincinnatus Lamar Grover Cleveland


For more on major cases of The Waite Court, click here.

The Fuller Court (1888-1910)[edit]

MelvilleWFuller.jpg

The Fuller Court lasted from July 1888 to July 1910, during the presidencies of Grover Cleveland (D), Benjamin Harrison (R), William McKinley (R), Theodore Roosevelt (R), and William Howard Taft (R).

Melville Weston Fuller was nominated as Chief Justice of the United States Supreme Court by President Grover Cleveland on April 30, 1888. He was confirmed by the United States Senate on July 20, 1888, and was commissioned on the same day. Fuller was the eighth Chief Justice in the history of the Supreme Court. His judicial service ended on July 4, 1910, upon his death.[2][26][27]

Justices

Tenure Justice Nominated By
1862-1890 Samuel Freeman Miller Abraham Lincoln
1863-1897 Stephen Johnson Field Abraham Lincoln
1870-1892 Joseph Bradley Ulysses Grant
1877-1889 John Harlan I Rutherford B. Hayes
1881-1889 Stanley Matthews James Garfield
1882-1893 Samuel Blatchford Chester Arthur
1882-1902 Horace Gray Chester Arthur
1888-1893 Lucius Quintus Cincinnatus Lamar Grover Cleveland
1890-1910 David Josiah Brewer Benjamin Harrison
1891-1906 Henry Billings Brown (U.S. Supreme Court) Benjamin Harrison
1892-1903 George Shiras Benjamin Harrison
1893-1895 Howell Edmunds Jackson Benjamin Harrison
1896-1909 Rufus Wheeler Peckham Grover Cleveland
1898-1925 Joseph McKenna William McKinley
1902-1932 Oliver Wendell Holmes Theodore Roosevelt
1903-1922 William Rufus Day Theodore Roosevelt
1906-1910 William Henry Moody Theodore Roosevelt
1910-1914 Horace Harmon Lurton William Howard Taft


For more on major cases of The Fuller Court, click here.

The White Court (1910-1921)[edit]

EdwardWhite.jpg

The White Court lasted from December 1910 until May 1921, during the presidencies of William Howard Taft (R) and Woodrow Wilson (D).

Edward Douglass White was nominated as Chief Justice of the Supreme Court of the United States by President William H. Taft on December 12, 1910. He was confirmed by the U.S. Senate on the same day. White held the position of Chief Justice until his death on May 19, 1921. He had previously served as Associate Justice, a position he was nominated to by President Grover Cleveland in February 1894. [28]

Justices

Tenure Justice Nominated By
1877-1911 John Harlan I Rutherford B. Hayes
1898-1925 Joseph McKenna William McKinley
1902-1932 Oliver Wendell Holmes, Jr. Theodore Roosevelt
1903-1922 William Rufus Day Theodore Roosevelt
1910-1914 Horace Harmon Lurton William Howard Taft
1911-1916 Joseph Rucker Lamar William Howard Taft
1911-1937 Willis Van Devanter William Howard Taft
1912-1922 Mahlon Pitney William Howard Taft
1914-1941 James Clark McReynolds Woodrow Wilson
1916-1922 John Hessin Clarke Woodrow Wilson
1916-1939 Louis Brandeis Woodrow Wilson


For more on major cases of The White Court, click here.

The Taft Court (1921-1930)[edit]

WilliamHowardTaft.jpg

The Taft Court lasted from June 1921 until February 1930, during the presidencies of Warren Harding (R), Calvin Coolidge (R), and Herbert Hoover (R).

William Howard Taft was nominated by President Warren Harding (R) on June 30, 1921, to be chief justice of the court. He received his commission on June 30, 1921, and served until his resignation on February 3, 1930.[29]

Taft served as the head of two branches of government, as President of the United States from 1909 to 1913, and chief justice of the Supreme Court from 1921 to 1930.


Justices

Tenure Justice Nominated By
1898-1925 Joseph McKenna William McKinley
1902-1932 Oliver Wendell Holmes Theodore Roosevelt
1903-1922 William Rufus Day Theodore Roosevelt
1911-1937 Willis Van Devanter William Howard Taft
1912-1922 Mahlon Pitney William Howard Taft
1914-1941 James Clark McReynolds Woodrow Wilson
1916-1922 John Hessin Clarke Woodrow Wilson
1916-1939 Louis Brandeis Woodrow Wilson
1922-1938 George Sutherland Warren Harding
1923-1930 Edward Terry Sanford Warren Harding
1923-1939 Pierce Butler Warren Harding
1925-1941 Harlan Fiske Stone Franklin D. Roosevelt
1930-1945 Owen Josephus Roberts Herbert Hoover


For more on major cases of The Taft Court, click here.

The Hughes Court (1930-1941)[edit]

CharlesEHughes.jpg

The Hughes Court lasted from February 1930 until June 1941, during the presidencies of Herbert Hoover (R) and Franklin D. Roosevelt (D).

Charles E. Hughes was nominated as Chief Justice of the United States Supreme Court by President Hoover on February 3, 1930. He was confirmed by the United States Senate on February 13, 1930, and received her judicial commission on the same day. Hughes took over as Chief Justice after the death of former President and Chief Justice William H. Taft.[2][30] Hughes the eleventh Chief Justice in the history of the Supreme Court. On June 30, 1941, he stepped down from the position and assumed senior status.[31]

Justices

Tenure Justice Nominated By
1902-1932 Oliver Wendell Holmes Theodore Roosevelt
1911-1937 Willis Van Devanter William Howard Taft
1914-1941 James Clark McReynolds Woodrow Wilson
1916-1939 Louis Brandeis Woodrow Wilson
1922-1938 George Sutherland Warren Harding
1923-1930 Edward Terry Sanford Warren Harding
1923-1939 Pierce Butler Warren Harding
1930-1945 Owen Josephus Roberts Herbert Hoover
1932-1938 Benjamin Nathan Cardozo Herbert Hoover
1937-1971 Hugo Black Franklin D. Roosevelt
1938-1957 Stanley Reed Franklin D. Roosevelt
1939-1962 Felix Frankfurter Franklin D. Roosevelt
1939-1975 William Douglas Franklin D. Roosevelt
1940-1949 Frank Murphy Franklin D. Roosevelt
1941-1942 James Byrnes Franklin D. Roosevelt
1941-1946 Harlan Fiske Stone Calvin Coolidge


For more on major cases of The Huges Court, click here.

The Stone Court (1941-1946)[edit]

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The Stone Court lasted from June 1941 until April 1946, during the presidencies of Franklin D. Roosevelt (D) and Harry Truman (D). Harlan Fiske Stone was nominated as Chief Justice of the Supreme Court of the United States by President Franklin Roosevelt on June 12, 1941.[30]

Stone previously served as an associate justice on the court, after a nomination from President Calvin Coolidge in February 1925. With this nomination, Stone was the first Supreme Court nominee to testify at a confirmation hearing.[32]

Stone served as the twelfth chief justice of the Supreme Court until his death on April 22, 1946.[33]

Justices

Tenure Justice Nominated By
1930-1945 Owen Josephus Roberts Herbert Hoover
1937-1971 Hugo Black Franklin D. Roosevelt
1938-1957 Stanley Reed Franklin D. Roosevelt
1939-1962 Felix Frankfurter Franklin D. Roosevelt
1939-1975 William Douglas Franklin D. Roosevelt
1940-1949 Frank Murphy Franklin D. Roosevelt
1941-1942 James Byrnes Franklin D. Roosevelt
1941-1954 Robert H. Jackson Franklin D. Roosevelt
1943-1949 Wiley Rutledge Franklin D. Roosevelt
1945-1958 Harold Burton Harry Truman


For more on major cases of The Stone Court, click here.

The Vinson Court (1946-1953)[edit]

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The Vinson Court lasted from June 1946 until September 1953, during the presidencies of Harry Truman (D) and Dwight D. Eisenhower (R).

Frederick Vinson received his nomination for Chief Justice of the United States Supreme Court from President Harry Truman on June 6, 1946, and was confirmed by the Senate on June 20, 1946. He received his commission on June 21, 1946, and served until his death on September 8, 1953.[34]

Justices

Tenure Justice Nominated By
1937-1971 Hugo Black Franklin D. Roosevelt
1938-1957 Stanley Reed Franklin D. Roosevelt
1939-1962 Felix Frankfurter Franklin D. Roosevelt
1939-1975 William Douglas Franklin D. Roosevelt
1940-1949 Frank Murphy Franklin D. Roosevelt
1941-1954 Robert H. Jackson Franklin D. Roosevelt
1943-1949 Wiley Rutledge Franklin D. Roosevelt
1945-1958 Harold Burton Harry Truman
1949-1967 Tom Clark Harry Truman
1949-1956 Sherman Minton Harry Truman


For more on major cases of The Vinson Court, click here.

The Warren Court (1953-1969)[edit]

EarlWarren.jpg

The Warren Court lasted from October 1953 until June 1969, during the presidencies of Dwight D. Eisenhower (R), John F. Kennedy (D), and Lyndon Johnson (D).

Earl Warren received a recess appointment for Chief Justice of the United States Supreme Court from President Dwight D. Eisenhower on October 2, 1953. On January 11, 1954, Eisenhower nominated him to the same position. He was confirmed by the Senate on March 1, 1954, and received commission on March 20, 1954. Warren assumed senior status on June 23, 1969, and served until his death on July 9, 1974.[35]

Justices

Tenure Justice Nominated By
1937-1971 Hugo Black Franklin D. Roosevelt
1938-1957 Stanley Reed Franklin D. Roosevelt
1939-1962 Felix Frankfurter Franklin D. Roosevelt
1939-1975 William Douglas Franklin D. Roosevelt
1941-1954 Robert H. Jackson Franklin D. Roosevelt
1945-1958 Harold Burton Harry Truman
1949-1956 Sherman Minton Harry Truman
1949-1967 Tom Clark Harry Truman
1955-1971 John Harlan II Dwight D. Eisenhower
1956-1990 William Brennan Dwight D. Eisenhower
1957-1962 Charles Whittaker Dwight D. Eisenhower
1958-1981 Potter Stewart Dwight D. Eisenhower
1962-1965 Arthur Goldberg John F. Kennedy
1962-1993 Byron White John F. Kennedy
1965-1969 Abe Fortas Lyndon B. Johnson
1967-1991 Thurgood Marshall Lyndon B. Johnson


For more on major cases of The Warren Court, click here.

The Burger Court (1969-1986)[edit]

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The Burger Court lasted from June 1969 to September 1986, during the presidencies of Richard M. Nixon (R), Gerald Ford (R), Jimmy Carter (D), and Ronald Reagan (R).

Warren Burger was nominated as Chief Justice of the United States Supreme Court by President Nixon on May 23, 1969. Burger was confirmed by the United States Senate on June 9, 1969, and was commissioned on June 23, 1969. Burger was the fifteenth Chief Justice in the history of the Supreme Court. He stepped down as Chief Justice on September 26, 1986, when he assumed senior status.[2][30][36]

Justices

Tenure Justice Nominated By
1937-1971 Hugo Black Franklin D. Roosevelt
1939-1975 William Douglas Franklin D. Roosevelt
1955-1971 John Harlan II Dwight D. Eisenhower
1956-1990 William Brennan Dwight D. Eisenhower
1958-1981 Potter Stewart Dwight D. Eisenhower
1962-1993 Byron White John F. Kennedy
1967-1991 Thurgood Marshall Lyndon B. Johnson
1970-1994 Harry Blackmun Richard M. Nixon
1972-1987 Lewis Powell Richard M. Nixon
1972-1986 William Rehnquist Richard M. Nixon
1975-2010 John Paul Stevens Gerald Ford
1981-2006 Sandra Day O'Connor Ronald Reagan


For more on major cases of The Burger Court, click here.


The Rehnquist Court (1986-2005)[edit]

William Rehnquist.jpg

The Rehnquist Court lasted from 1986 to 2005, during the presidencies of Ronald Reagan (R), George H.W. Bush (R), Bill Clinton (D), and George W. Bush (R).

Rehnquist was nominated as Chief Justice of the Supreme Court of the United States by President Ronald Reagan on June 20, 1986.

Rehnquist originally served as an associate justice on the court, after a nomination from President Richard Nixon on October 21, 1971. He was succeeded in this position by Justice Antonin Scalia.[30]

Rehnquist served as the sixteenth chief justice of the Supreme Court until his death on September 3, 2005.[37]

Justices

Tenure Justice Nominated By
1956-1990 William Brennan Dwight D. Eisenhower
1962-1993 Byron White John F. Kennedy
1967-1991 Thurgood Marshall Lyndon B. Johnson
1970-1994 Harry Blackmun Richard M. Nixon
1972-1987 Lewis Powell Richard M. Nixon
1975-2010 John Paul Stevens Gerald Ford
1981-2006 Sandra Day O'Connor Ronald Reagan
1986-2016 Antonin Scalia Ronald Reagan
1988-2018 Anthony Kennedy Ronald Reagan
1990-2009 David Souter George H.W. Bush
1991-Present Clarence Thomas George H.W. Bush
1993-2020 Ruth Bader Ginsburg Bill Clinton
1994-2022 Stephen Breyer Bill Clinton


For more on major cases of The Rehnquist Court, click here.


The Roberts Court (2005-present)[edit]

John Roberts.jpg


The Justices in this table have served during the Roberts Court.

Tenure Justice Nominated By
1975-2010 John Paul Stevens Gerald Ford (R)
1981-2006 Sandra Day O'Connor Ronald Reagan (R)
1986-2016 Antonin Scalia Ronald Reagan (R)
1988-2018 Anthony Kennedy Ronald Reagan (R)
1990-2009 David Souter George H.W. Bush (R)
1993-2020 Ruth Bader Ginsburg Bill Clinton (D)
1991-Present Clarence Thomas George H.W. Bush (R)
1994-2022 Stephen Breyer Bill Clinton (D)
2006-Present Samuel Alito George W. Bush (R)
2009-Present Sonia Sotomayor Barack Obama (D)
2010-Present Elena Kagan Barack Obama (D)
2017-Present Neil Gorsuch Donald Trump (R)
2018-Present Brett Kavanaugh Donald Trump (R)
2020-Present Amy Coney Barrett Donald Trump (R)
2022-Present Ketanji Brown Jackson Joe Biden (D)


Legacy

Chief Justice Roberts is considered a judicial conservative. Since joining the court, he often sided with Justice Scalia and continues to align with Justice Thomas and Alito, the two most conservative justices. Some argue Roberts is a judicial minimalist, approaching cases carefully with an eye to precedent, while judging narrowly so as to preserve the continuity of judicial opinion. During his Senate confirmation hearings, Chief Justice Roberts claimed his role was similar to that of an umpire. He said, "Judges and justices are servants of the law, not the other way around. Judges are like umpires. Umpires don't make the rules; they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules. But it is a limited role. Nobody ever went to a ball game to see the umpire."[38][39]

More info

For more on this era, see The Roberts Court.

List of all Supreme Court justices[edit]

Supreme Court justiceTerm dates
Former Justice Abe FortasAugust 11, 1965 - May 14, 1969
Former Justice Alfred Moore (U.S. Supreme Court)December 10, 1799 - January 26, 1804
Former associate justice Anthony KennedyFebruary 17, 1988 - July 31, 2018
Former associate justice Antonin ScaliaSeptember 26, 1986 - February 13, 2016
Former Justice Arthur GoldbergSeptember 28, 1962 - July 26, 1965
Former Justice Benjamin CardozoMarch 2, 1932 - July 9, 1938
Former Justice Benjamin Robbins CurtisDecember 20, 1851 - September 30, 1857
Associate justice Brett KavanaughOctober 6, 2018 - Present
Former Justice Bushrod WashingtonDecember 20, 1798 - November 26, 1829
Former Justice Byron White1962 - 1993
Former Chief Justice Charles Evans HughesFebruary 13, 1930 - June 30, 1941
Former Justice Charles WhittakerMarch 22, 1957 - March 31, 1962
Associate justice Clarence Thomas (Supreme Court)July 1, 1991 - Present
Former Justice David Davis (U.S. Supreme Court)October 17, 1862 - March 4, 1877
Former Justice David Josiah BrewerMarch 31, 1884 - January 6, 1890
Former Justice David SouterOctober 3, 1990 - June 30, 2009
Former Chief Justice Earl WarrenMarch 20, 1954 - June 23, 1969
Former Chief Justice Edward Douglass WhiteDecember 12, 1910 - May 19, 1921
Former Justice Edward Terry SanfordJanuary 29, 1923 - March 8, 1930
Associate justice Elena KaganAugust 7, 2010 - Present
Former Justice Felix FrankfurterJanuary 20, 1939 - August 28, 1962
Former Justice Frank MurphyJanuary 16, 1940 - July 19, 1949
Former Chief Justice Frederick VinsonJune 21, 1946 - September 8, 1953
Former Justice Gabriel DuvallNovember 18, 1811 - January 12, 1835
Former Justice George ShirasJuly 26 1892 - February 23, 1903
Former Justice George Sutherland1922 - 1938
Former Chief Justice Harlan Fiske StoneJuly 3, 1941 - April 22, 1946
Former Justice Harold Burton1945 - 1964
Former Justice Harry BlackmunMay 14, 1970 - August 3, 1994
Former Justice Henry BaldwinJanuary 6, 1830 - April 21, 1844
Former Justice Henry Billings Brown (U.S. Supreme Court)December 29, 1890 - May 28, 1906
Former Justice Henry Brockholst LivingstonJanuary 16, 1807 - March 18, 1823
Former Justice Horace GrayDecember 20, 1881 - September 15, 1902
Former Justice Horace Harmon Lurton12 20, 1909 - July 12, 1914
Former Justice Howell Edmunds JacksonFebruary 18, 1893 - August 8, 1895
Former Justice Hugo BlackAugust 18, 1937 - September 17, 1971
Former Justice James ByrnesJune 25, 1941 - October 3, 1942
Former Justice James Clark McReynoldsAugust 29, 1914 - January 31, 1941
Former Justice James IredellFebruary 10, 1790 - October 20, 1799
Former justice James Moore WayneJanuary 9, 1835 - July 5, 1867
Former Justice James Wilson (U.S. Supreme Court)September 29, 1789 - August 21, 1798
Former Justice John Archibald CampbellMarch 22, 1853 - April 30, 1861
Former Justice John Blair (Supreme Court)September 30, 1789 - October 25, 1795
Former Justice John CatronMarch 8, 1837 - May 30, 1865
Former Justice John Harlan INovember 29, 1877 - October 14, 1911
Former Judge John Harlan IIMarch 27, 1955 - September 23, 1971
Former Judge John Hessin ClarkeJuly 24, 1916 - September 18, 1922
Former Chief Justice John JayOctober 19, 1789 - June 29, 1795
Former Chief Justice John Marshall (Supreme Court)January 31 1801 - July 6, 1835
Former Justice John McKinleyApril 22, 1837 - July 19, 1852
Former Justice John McLeanMarch 7, 1829 - April 4, 1861
Former Justice John Paul StevensDecmeber 17, 1975 - June 30, 2010
Chief justice John Roberts (Supreme Court)September 29, 2005 - Present
Former Judge John Rutledge (Supreme Court)September 26, 1789 - March 5, 1791, July 1, 1795 - December 28, 1795
Former Justice Joseph BradleyMarch 21, 1870 - January 22, 1892
Former Justice Joseph McKenna (Supreme Court)January 21, 1897 - January 5, 1925
Former Justice Joseph Rucker LamarDecember 17, 1910 - January 2, 1916
Former Justice Joseph StoryNovember 18, 1811 - September 10, 1845
Former Justice Levi WoodburyJanuary 3, 1846 - September, 4, 1851
Former Justice Lewis PowellDecember 9, 1971 - June 26, 1987
Former Justice Louis BrandeisJune 1, 1916 - February 13, 1939
Former judge Lucius Quintus Cincinnatus LamarJanuary 16, 1888 - January 23, 1893
Former Justice Mahlon PitneyFebruary 19, 1912 - December 31, 1922
Former Chief Justice Melville Weston FullerJuly 20, 1888 - July 4, 1910
Former Chief Justice Morrison WaiteJanuary 21, 1874 - March 23, 1888
Former Justice Nathan CliffordJanuary 12, 1858 - July 25, 1881
Associate justice Neil GorsuchApril 10, 2017 - Present
Former Justice Noah Haynes SwayneJanuary 24, 1862 - January 24, 1881
Former Chief Justice Oliver EllsworthMarch 4, 1796 - September 30, 1800
Former Justice Oliver Wendell HolmesDecember 4, 1902 - January 12, 1932
Former Justice Owen RobertsMay 20, 1930 - July 31, 1945
Former Justice Peter Vivian DanielMarch 3, 1841 - May 31, 1860
Former Justice Philip Pendelton BarbourMarch 15, 1836 - February 15, 1841
Former Justice Pierce ButlerDecember 21, 1922 - November 16, 1939
Former Justice Potter Stewart1958 - 1985
Former Justice Robert Cooper GrierAugust 4, 1846 - January 31, 1870
Former Justice Robert H. Jackson1941 - 1954
Former Justice Robert TrimbleMay 9, 1826 - August 25, 1828
Former Chief Justice Roger Brooke TaneyMarch 15, 1836 - October 12, 1864
Former Justice Rufus Wheeler PeckhamDecember 9, 1895 - October 24, 1909
Associate justice Ruth Bader GinsburgAugust 5, 1993 - September 18, 2020
Former Chief Justice Salmon Portland ChaseDecember 6, 1864 - May 7, 1873
Associate justice Samuel AlitoJanuary 31, 2006 - Present
Former Justice Samuel BlatchfordMarch 22, 1882 - July 7, 1893
Former Justice Samuel ChaseJanuary 27, 1796 - June 19, 1811
Former Justice Samuel Freeman MillerJuly 16, 1862 - October 13, 1890
Former Justice Samuel NelsonFebruary 13, 1845 - November 28, 1872
Former justice Sandra Day O'ConnorSeptember 25, 1981 - January 31, 2006
Former Justice Sherman MintonOctober 5, 1949 - October 15, 1956
Former Justice Smith ThompsonDecember 9, 1823 - December 18, 1843
Associate justice Sonia SotomayorAugust 6, 2009 - Present
Former Justice Stanley MatthewsMay 12, 1881 - March 22, 1889
Former Justice Stanley ReedJanuary 27, 1938 - February 25, 1957
Former justice Stephen BreyerAugust 3, 1994 - June 30, 2022
Former Justice Stephen Johnson FieldMarch 10, 1863 - December 1, 1897
Former Justice Thomas Johnson (U.S. Supreme Court)August 6, 1792 - January 16, 1793
Former Justice Thomas Todd (U.S. Supreme Court)March 3, 1807 - February 7, 1826
Former Judge Thurgood MarshallAugust 30, 1967 - October 1, 1991
Former justice Tom Clark1949 - 1967
Former Justice Ward HuntDecember 11, 1872 - January 27, 1882
Former Chief Justice Warren BurgerJune 23, 1969 - September 26, 1986
Former Justice Wiley RutledgeFebruary 11, 1943 - September 10, 1949
Former Justice William Brennan (U.S. Supreme Court)March 21, 1957 - July 20, 1990
Former Justice William Burnham WoodsDecember 21, 1880 - May 14, 1887
Associate Justice William CushingSeptember 27, 1789 - September 13, 1810
Former Justice William DouglasApril 15, 1939 - November 12, 1975
Former Justice William Henry MoodyDecember 12, 1906 - November 19, 1910
Former Chief Justice William Howard TaftJune 30, 1921 - February 3, 1930
Former Justice William Johnson, Jr.March 26, 1804 - August 4, 1834
Former Justice William PatersonMarch 4, 1793 - September 9, 1806
Former Chief Justice William RehnquistSeptember 25, 1986 - September 3, 2005
Former Justice William Rufus DayFebruary 19, 1903 - November 13, 1922
Former Justice William StrongFebryart 18, 1870 - December 14, 1880
Former Associate Justice Willis Van DevanterDecember 16, 1910 - June 2, 1937
Associate Justice Amy Coney BarrettOctober 26, 2020 - Present
Associate Justice Ketanji Brown JacksonApril 8, 2022 - Present

Locations[edit]

Time City Building About the location
February 1-10, 1790 and August 2-3, 1790 New York City Royal Exchange Building The Court held its first two sessions when New York City was the nation's capital. The building was an open air market on the first floor; justices met on the second floor.
February 1791 Philadelphia Independence Hall (then the Pennsylvania State House) The Court convened here for just two days, since there were no cases on the docket.
August 1791-1800 Philadelphia Old City Hall (then City Hall) The U.S. Congress and the Supreme Court shared a location, meeting in the West Wing and East Wing, respectively.
February 1801-1810 Washington, D.C. Various rooms in the U.S. Capitol During this decade, the Court met in various rooms of the United States Capitol.
1810-1860 Washington, D.C. Basement of the North Wing in the U.S. Capitol In 1810, the Supreme Court met in various rooms in the Old North Wing of the Capitol. Throughout this period, when the building was under construction or when the building was burned by the British during the War of 1812, the Court convened in homes or taverns.
1861-1935 Washington, D.C. Old Senate Chamber The Supreme Court took over the Old Senate Chamber in 1861. Its previous meeting area became a shared law library for the Congress and Court. Though the Court now had a designated courtroom, justices and their staff did not have office spaces.
1935-present Washington, D.C. The Supreme Court building The cornerstone of the Supreme Court building was laid in 1932 and the court moved into its permanent location in 1935. President, and later, Chief Justice William Howard Taft was integral to the creation of the building, lobbying for its existence since 1912. Though Charles Evans Hughes presided over the court upon the building's completion, he credited Taft, saying, "This building is the result of his intelligent persistence."[40]

[40][41]

See also[edit]


External links[edit]

Footnotes[edit]

  1. Ballotpedia: Article III
  2. 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Federal Judicial Center, Landmark Judicial Legislation: The Judiciary Act of 1789 Cite error: Invalid <ref> tag; name "fjc" defined multiple times with different content Cite error: Invalid <ref> tag; name "fjc" defined multiple times with different content Cite error: Invalid <ref> tag; name "fjc" defined multiple times with different content Cite error: Invalid <ref> tag; name "fjc" defined multiple times with different content Cite error: Invalid <ref> tag; name "fjc" defined multiple times with different content
  3. Ballotpedia: John Jay
  4. 4.0 4.1 History.com, This Day in History, September 24, 1789: The First Supreme Court
  5. ABAJournal, "February 2, 1790: Supreme Court Holds Inaugural Session," February 1, 2011
  6. The Free Legal Dictionary, Harrison, Robert Hanson Harrison
  7. 7.0 7.1 7.2 Cite error: Invalid <ref> tag; no text was provided for refs named overview
  8. 8.0 8.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  9. Federal Judicial Center, Appellate Jurisdiction in the Federal Courts, U.S. Circuit Courts
  10. The U.S. Circuit Courts and the Federal Judiciary from the Federal Judicial Center
  11. Digital History, War on the Judiciary
  12. 12.0 12.1 Federal Judicial Center, Landmark Judicial Legislation, Reorganization of the Judicial Circuits
  13. United States Senate Committee on the Judiciary, Recess Reading: An Occasional Feature From The Judiciary Committee, "Franklin Delano Roosevelt's "Court Packing" Plan"
  14. Federal Judicial Center, Landmark Judicial Legislation, "The Judiciary Act of 1802"
  15. Google Books, The Encyclopedia of the Supreme Court by David Shultz, page 164
  16. The Supreme Court of the United States, The Courts and Its Procedures
  17. Federal Judicial Center, "Jay, John," accessed March 10, 2022
  18. 18.0 18.1 Supreme Court History, The Rutledge Court
  19. United States Senate, Chief Justice Rejected
  20. Encyclopedia Britannica, Oliver Ellsworth
  21. Oyez, "John Marshall"
  22. The Supreme Court, "Frequently Asked Questions"
  23. Federal Judicial Center, "Marshall, John," accessed March 11, 2022
  24. Federal Judicial Center, "Chase, Salmon Portland," accessed February 28, 2022
  25. Federal Judicial Center, "Waite, Morrison Remick," accessed March 14, 2022
  26. Supreme Court Historical Society, "Melville Weston Fuller, 1888-1910," accessed March 10, 2022
  27. Oyez, "Melville W. Fuller," accessed March 10, 2022
  28. Federal Judicial Center, "White, Edward Douglass," accessed March 15, 2022
  29. Federal Judicial Center, "Taft, William Howard," accessed March 11, 2022
  30. 30.0 30.1 30.2 30.3 PBS.org, "Biographies of the Robes: Charles Evans Hughes" Cite error: Invalid <ref> tag; name "pbs" defined multiple times with different content Cite error: Invalid <ref> tag; name "pbs" defined multiple times with different content
  31. Oyez, "Charles E. Hughes"
  32. United States Senate Committee on the Judiciary, "Noteworthy", accessed October 22, 2013
  33. Federal Judicial Center, "Stone, Harlan Fiske," accessed March 11, 2022
  34. Federal Judicial Center, "Vinson, Frederick Moore," accessed March 14, 2022
  35. Federal Judicial Center, "Warren, Earl," accessed March 14, 2022
  36. Oyez.org, "Warren E. Burger," accessed December 10, 2021
  37. The University of Arizona, Rehnquist Center: William H. Rehnquist
  38. PBS.org, "Biographies of the Robes: John Roberts," accessed December 9, 2016
  39. CNN, "Roberts: 'My job is to call balls and strikes and not to pitch or bat,'" September 12, 2005
  40. 40.0 40.1 The Supreme Court Historical Society, Home of the Court
  41. The Supreme Court of the United States, Frequently Asked Questions

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