List of U.S. Supreme Court justices who also served in the U.S. Congress

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Following is a list of United States Supreme Court Justices who also served in Congress. Since the United States Supreme Court was established in 1789, 114 persons have served on the Court. Of these, several also served in the U.S. Congress, either before or after their tenure as a justice. Six were incumbent members of the United States Senate at the time of their appointment,[1] while one—James Moore Wayne—was an incumbent member of the House of Representatives. The others had previously served in the Senate or the House or both. Additionally, one justice—David Davis—resigned from the Supreme Court to serve in the Senate.

Senators[edit]

There have been 14 U.S. Supreme Court justices with prior service in the Senate, and one with subsequent Senate service.[2]

Name State Senate service Supreme Court service I/F Appointed by
Hugo Black Alabama 1927–1937 1937–1971 I F. D. Roosevelt
Harold Hitz Burton Ohio 1941–1945 1945–1958 I Truman
James F. Byrnes[a] South Carolina 1931–1941 1941–1942 I F. D. Roosevelt
Oliver Ellsworth Connecticut 1789–1796 1796–1800 I Washington
Edward Douglass White Louisiana 1891–1894 1894–1921 I Cleveland
Levi Woodbury New Hampshire 1825–1831;
1841–1845
1845–1851 I Polk
David Davis Illinois 1877–1883 1862–1877 [b] Lincoln
Howell Edmunds Jackson Tennessee 1881–1886 1893–1895 F B. Harrison
Lucius Quintus Cincinnatus Lamar[a] Mississippi 1877–1885 1888–1893 F Cleveland
Salmon P. Chase Ohio 1849–1855;
1861–1861
1864–1873 F Lincoln
Stanley Matthews Ohio 1877–1879 1881–1889 F Garfield
John McKinley[a] Alabama 1826–1831;
1837–1837
1838–1852 F Van Buren
Sherman Minton Indiana 1935–1941 1949–1956 F Truman
George Sutherland[a] Utah 1905–1917 1922–1938 F Harding
William Paterson New Jersey 1789–1790 1793–1806 F Washington

Representatives[edit]

There have been 17 U.S. Supreme Court justices with prior service in the House.[3]

Name District House service Supreme Court service I/F Appointed by
Henry Baldwin PA-14 1817–1822 1830–1844 F Jackson
Philip Pendleton Barbour[c] VA-11 1814–1825;
1827–1830
1836–1841 F Jackson
James F. Byrnes[d] SC-2 1911–1925 1941–1942 F F. D. Roosevelt
Nathan Clifford ME-1 1839–1843 1858–1881 F Buchanan
Gabriel Duvall MD-2 1794–1796 1811–1835 F Madison
Lucius Quintus Cincinnatus Lamar[d] MS-1 1857–1860;
1873–1877
1888–1893 F Cleveland
John Marshall VA-13 1799–1800 1801–1835 F J. Adams
Joseph McKenna CA-3 1885–1891 1898–1925 F McKinley
John McKinley[d] AL-2 1833–1835 1838–1852 F Van Buren
John McLean OH-1 1813–1816 1830–1861 F Jackson
William Henry Moody MA-6 1895–1902 1906–1910 F T. Roosevelt
Mahlon Pitney NJ-4 1895–1899 1912–1922 F Taft
Joseph Story MA-2 1808–1809 1812–1845 F Madison
William Strong PA-9 1847–1851 1870–1880 F Grant
George Sutherland[d] UT-1 1901–1903 1922–1938 F Harding
Fred M. Vinson KY-9 1924–1929;
1931–1938
1946–1953 F Truman
James Moore Wayne GA-AL 1829–1835 1835–1867 I Jackson

Notes[edit]

  1. ^ a b c d Also served in the U.S. House of Representatives
  2. ^ Became a senator after service on the Supreme Court; the only justice to resign from the Court to serve in the U.S. Congress
  3. ^ Served as Speaker of the House during the 17th Congress (1821–23)
  4. ^ a b c d Also served in the U.S. Senate

See also[edit]

References[edit]

  1. ^ O'Brien, David M. (2003). Storm Center: The Supreme Court in American Politics (6th ed.). W. W. Norton. p. 46. ISBN 0393978966.
  2. ^ "Senators Who Served on the U.S. Supreme Court". Washington, D.C.: Secretary of the Senate. Retrieved February 6, 2018.
  3. ^ "House Members Who Became U.S. Supreme Court Justices". Washington, D.C.: Office of the Historian and the Clerk of the House's Office of Art and Archives. Retrieved February 6, 2018.