Demographics of the Supreme Court of the United States
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The demographics of the Supreme Court of the United States encompass the
gender Gender is the range of characteristics pertaining to femininity and masculinity and differentiating between them. Depending on the context, this may include sex-based social structures (i.e. gender roles) and gender identity. Most cultures ...
, ethnicity, and religious, geographic, and economic backgrounds of the 116 people who have been appointed and confirmed as justices to the Supreme Court. Some of these characteristics have been raised as an issue since the court was established in 1789. For its first 180 years, justices were almost always
white White is the lightest color and is achromatic (having no hue). It is the color of objects such as snow, chalk, and milk, and is the opposite of black. White objects fully reflect and scatter all the visible wavelengths of light. White o ...
male Male (symbol: ♂) is the sex of an organism that produces the gamete (sex cell) known as sperm, which fuses with the larger female gamete, or ovum, in the process of fertilization. A male organism cannot reproduce sexually without access to ...
Protestants of
Anglo Anglo is a prefix indicating a relation to, or descent from, the Angles, England, English culture, the English people or the English language, such as in the term ''Anglosphere''. It is often used alone, somewhat loosely, to refer to peopl ...
or
Northwestern Europe Northwestern Europe, or Northwest Europe, is a loosely defined subregion of Europe, overlapping Northern and Western Europe. The region can be defined both geographically and ethnographically. Geographic definitions Geographically, North ...
an descent. Prior to the 20th century, a few Catholics were appointed, but concerns about diversity on the court were mainly in terms of geographic diversity, to represent all geographic regions of the country, as opposed to ethnic, religious, or gender diversity. The 20th century saw the first appointment of justices who were
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
( Louis Brandeis, 1916),
African-American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ensl ...
(
Thurgood Marshall Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
, 1967), female ( Sandra Day O'Connor, 1981), and
Italian-American Italian Americans ( it, italoamericani or ''italo-americani'', ) are Americans who have full or partial Italian ancestry. The largest concentrations of Italian Americans are in the urban Northeast and industrial Midwestern metropolitan areas, ...
( Antonin Scalia, 1986). The first appointment of a
Hispanic The term ''Hispanic'' ( es, hispano) refers to people, cultures, or countries related to Spain, the Spanish language, or Hispanidad. The term commonly applies to countries with a cultural and historical link to Spain and to viceroyalties forme ...
justice was in the 21st century with
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
in 2009, with the possible exception of Justice
Benjamin Cardozo Benjamin ( he, ''Bīnyāmīn''; "Son of (the) right") blue letter bible: https://www.blueletterbible.org/lexicon/h3225/kjv/wlc/0-1/ H3225 - yāmîn - Strong's Hebrew Lexicon (kjv) was the last of the two sons of Jacob and Rachel (Jacob's th ...
, a Sephardi Jew of Portuguese descent, who was appointed in 1932. In spite of the interest in the court's demographics and the symbolism accompanying the inevitably political appointment process, and the views of some commentators that no demographic considerations should arise in the selection process,John P. McIver, Department of Political Science, University of Colorado, Boulder ''Review of A "REPRESENTATIVE" SUPREME COURT? THE IMPACT OF RACE, RELIGION, AND GENDER ON APPOINTMENTS by Barbara A. Perry''.
 the gender, race, educational background or religious views of the justices has played little documented role in their jurisprudence. For example, the opinions of the first two African-American justices reflected radically different judicial philosophies; William Brennan and Antonin Scalia shared Catholic faith and a Harvard Law School education, but shared little in the way of jurisprudential philosophies. The court's first two female justices voted together no more often than with their male colleagues, and historian Thomas R. Marshall writes that no particular "female perspective" can be discerned from their opinions.


Geographic background

For most of the existence of the court, geographic diversity was a key concern of presidents in choosing justices to appoint. This was prompted in part by the early practice of Supreme Court justices also "riding circuit"—individually hearing cases in different regions of the country. In 1789, the United States was divided into judicial circuits, and from that time until 1891, Supreme Court justices also acted as judges within those individual circuits.
George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of ...
was careful to make appointments "with no two justices serving at the same time hailing from the same state".
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
broke with this tradition during the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
, and "by the late 1880s presidents disregarded it with increasing frequency". Segal and Spaeth (2002), quoting Richard Friedman, "The Transformation in Senate Response to Supreme Court Nominations", 5 Cardozo Law Review 1 (1983), p. 50. Although the importance of regionalism declined, it still arose from time to time. For example, in appointing
Benjamin Cardozo Benjamin ( he, ''Bīnyāmīn''; "Son of (the) right") blue letter bible: https://www.blueletterbible.org/lexicon/h3225/kjv/wlc/0-1/ H3225 - yāmîn - Strong's Hebrew Lexicon (kjv) was the last of the two sons of Jacob and Rachel (Jacob's th ...
in 1929, President Hoover was as concerned about the controversy over having three New York justices on the court as he was about having two Jewish justices. David M. O'Brien notes that "from the appointment of John Rutledge from
South Carolina )'' Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
in 1789 until the retirement of Hugo Black rom_Alabama.html"_;"title="Alabama.html"_;"title="rom_Alabama">rom_Alabama">Alabama.html"_;"title="rom_Alabama">rom_Alabamain_1971,_with_the_exception_of_the_Reconstruction_era_of_the_United_States.html" "title="Alabama">rom_Alabama.html" ;"title="Alabama.html" ;"title="rom Alabama">rom Alabama">Alabama.html" ;"title="rom Alabama">rom Alabamain 1971, with the exception of the Reconstruction era of the United States">Reconstruction Reconstruction may refer to: Politics, history, and sociology *Reconstruction (law), the transfer of a company's (or several companies') business to a new company *'' Perestroika'' (Russian for "reconstruction"), a late 20th century Soviet Unio ...
decade of 1866–1876, there was always a southerner on the bench. Until 1867, the sixth seat was reserved as the "southern seat". Until Cardozo's appointment in 1932, the third seat was reserved for New Englanders." The westward expansion of the U.S. led to concerns that the western states should be represented on the court as well, which purportedly prompted
William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...
to make his 1910 appointment of
Willis Van Devanter Willis Van Devanter (April 17, 1859 – February 8, 1941) was an American lawyer who served as an Associate Justice of the Supreme Court of the United States from 1911 to 1937. He was a staunch conservative and was regarded as a part of the Four ...
of
Wyoming Wyoming () is a state in the Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the southwest, and Colorado to the s ...
. Geographic balance was sought in the 1970s, when
Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
attempted to employ a "Southern strategy", hoping to secure support from Southern states by nominating judges from the region. Nixon unsuccessfully nominated Southerners
Clement Haynsworth Clement Furman Haynsworth Jr. (October 30, 1912 – November 22, 1989) was a United States circuit judge of the United States Court of Appeals for the Fourth Circuit. He was also an unsuccessful nominee for the United States Supreme Court in 1969 ...
of
South Carolina )'' Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
and G. Harrold Carswell of
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
, before finally succeeding with the nomination of Harry Blackmun of
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
. The issue of regional diversity was again raised with the 2010 retirement of John Paul Stevens, who had been appointed from the midwestern Seventh Circuit, leaving the court with all but one Justice having been appointed from states on the East Coast. , the court has a majority from the Northeastern United States, with five justices coming from states to the north and east of
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
: two justices born in New York (two in New York City), one in New Jersey, and two from Washington D.C. itself. The remaining four justices come from Georgia, California, Colorado, and Indiana; until the appointment of
Amy Coney Barrett Amy Vivian Coney Barrett (born January 28, 1972) is an associate justice of the Supreme Court of the United States. The fifth woman to serve on the court, she was nominated by President Donald Trump and has served since October 27, 2020. ...
of Indiana in 2020, the most recent justice from the Midwest had been John Paul Stevens of Illinois who retired in 2010. Contemporary justices may be associated with multiple states. Many nominees are appointed while serving in states or districts other than their hometown or home state. Chief Justice John Roberts, for example, was born in Buffalo, New York, but moved to
Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
at the age of five, where he grew up. After law school, Roberts worked in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
while living in
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
. Thus, three states may claim to be his home state. Justice Barrett is another example; although her commission identifies her as being from Indiana, she was born in
New Orleans New Orleans ( , ,New Orleans
, raised in the adjacent suburb of Metairie, Louisiana, and did not live in Indiana until law school. Some states have been over-represented, partly because there were fewer states from which early justices could be appointed. New York has produced fifteen justices, three of whom have served as chief justice.
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
has produced ten justices, including two chief justices;
Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
nine (including Stephen Breyer and Elena Kagan); and
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
eight, including three chief justices. There have been six justices each from
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
,
Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
, and
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
(the latter including current chief justice John Roberts and current associate justice Brett Kavanaugh); and five each from
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia ...
and
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
. States that have produced four justices include California, Illinois (one chief and three associates each), and
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
.


Other states from which justices have been appointed

* Three justices have been appointed from Connecticut (2 chiefs and 1 associate). * Three justices have been appointed from South Carolina (1 chief, 1 chief who was earlier an associate, and 1 associate). * Three associate justices have been appointed from Alabama. * Two associate justices have been appointed from Colorado, including current associate justice Neil Gorsuch. * Two associate justices have been appointed from Iowa, Indiana, Michigan, Minnesota, North Carolina, and New Hampshire. * One associate justice has been appointed from Arizona, while another associate justice who later became chief was born there had moved to Virginia prior to their appointment. * One justice, who served both as an associate and as chief, has been appointed from Louisiana; current associate justice Amy Coney Barrett was born there but had moved to Indiana prior to her appointment. * One associate justice has been appointed from Kansas, Maine, Missouri, Mississippi, Texas, Utah, and Wyoming.


States from which no justices have been appointed

Despite the efforts to achieve geographic balance, only seven justices have ever hailed from states admitted after or during the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
. Nineteen states have never produced a Supreme Court justice. In order of
admission to the Union Admission may refer to: Arts and media * "Admissions" (''CSI: NY''), an episode of ''CSI: NY'' * ''Admissions'' (film), a 2011 short film starring James Cromwell * ''Admission'' (film), a 2013 comedy film * ''Admission'', a 2019 album by Florida s ...
these are: #
Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
(original state) #
Rhode Island Rhode Island (, like ''road'') is a state in the New England region of the Northeastern United States. It is the smallest U.S. state by area and the seventh-least populous, with slightly fewer than 1.1 million residents as of 2020, but it ...
(original state) #
Vermont Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
(admitted in 1791) #
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the O ...
(admitted in 1836) #
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
(admitted in 1845) #
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
(admitted in 1848) #
Oregon Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. T ...
(admitted in 1859) #
West Virginia West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the B ...
(admitted in 1863) #
Nevada Nevada ( ; ) is a state in the Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the 7th-most extensive, ...
(admitted in 1864) #
Nebraska Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the sout ...
(admitted in 1867) #
North Dakota North Dakota () is a U.S. state in the Upper Midwest, named after the indigenous Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north and by the U.S. states of Minnesota to the east, So ...
(admitted in 1889) #
South Dakota South Dakota (; Sioux: , ) is a U.S. state in the North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota and Dakota Sioux Native American tribes, who comprise a large porti ...
(admitted in 1889) #
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columb ...
(admitted in 1889) #
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
(admitted in 1889) #
Idaho Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyomi ...
(admitted in 1890) # Oklahoma (admitted in 1907) #
New Mexico ) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe , LargestCity = Albuquerque , LargestMetro = Tiguex , OfficialLang = None , Languages = English, Spanish ( New Mexican), Navajo, Ke ...
(admitted in 1912) #
Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S. ...
(admitted in 1959) #
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only state ...
(admitted in 1959)


Foreign birth

Six justices were born outside the United States. These included
James Wilson James Wilson may refer to: Politicians and government officials Canada *James Wilson (Upper Canada politician) (1770–1847), English-born farmer and political figure in Upper Canada * James Crocket Wilson (1841–1899), Canadian MP from Quebe ...
(1789–1798), born in
Ceres, Fife Ceres is a village in Fife, Scotland, located in a small glen approximately over the Ceres Moor from Cupar and from St Andrews. The former parish of that name included the settlements of Baldinnie, Chance Inn, Craigrothie, Pitscottie and Tarvit ...
,
Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...
; James Iredell (1790–1799), born in Lewes, England; and William Paterson (1793–1806), born in
County Antrim County Antrim (named after the town of Antrim, ) is one of six counties of Northern Ireland and one of the thirty-two counties of Ireland. Adjoined to the north-east shore of Lough Neagh, the county covers an area of and has a population o ...
, then in the Kingdom of Ireland. Justice David J. Brewer (1889–1910) was born farthest from the U.S., in
Smyrna Smyrna ( ; grc, Σμύρνη, Smýrnē, or , ) was a Greek city located at a strategic point on the Aegean coast of Anatolia. Due to its advantageous port conditions, its ease of defence, and its good inland connections, Smyrna rose to promi ...
, in the
Ottoman Empire The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
, (now
İzmir İzmir ( , ; ), also spelled Izmir, is a metropolitan city in the western extremity of Anatolia, capital of the province of the same name. It is the third most populous city in Turkey, after Istanbul and Ankara and the second largest urban aggl ...
,
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula in ...
), where his parents were missionaries at the time.
George Sutherland George Alexander Sutherland (March 25, 1862July 18, 1942) was an English-born American jurist and politician. He served as an associate justice of the U.S. Supreme Court between 1922 and 1938. As a member of the Republican Party, he also repre ...
(1922–1939) was born in Buckinghamshire, England. The last foreign-born justice, and the only one of these for whom English was a second language, was
Felix Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judic ...
(1939–1962), born in
Vienna en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST ...
,
Austria-Hungary Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe between 1867 and 1918. It was formed with the Austro-Hungarian Compromise of ...
(now in
Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
). The Constitution imposes no
citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
requirement on federal judges.


Ethnicity

All Supreme Court justices were
white White is the lightest color and is achromatic (having no hue). It is the color of objects such as snow, chalk, and milk, and is the opposite of black. White objects fully reflect and scatter all the visible wavelengths of light. White o ...
and of European heritage until the appointment of
Thurgood Marshall Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
, the first African-American Justice, in 1967. Since then, only three other non-white justices have been appointed: Marshall's African-American successor,
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
, in 1991, Latina Justice
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
in 2009, and African-American
Ketanji Brown Jackson Ketanji Onyika Brown Jackson ( ; born September 14, 1970) is an American jurist who serves as an associate justice of the Supreme Court of the United States. Jackson was nominated to the Supreme Court by President Joe Biden on February 25, 202 ...
in 2022. Graphical timeline of non-white justices:


White justices

The majority of white justices have been Protestants of
British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...
ethnicity. There have been several justices of
Irish Irish may refer to: Common meanings * Someone or something of, from, or related to: ** Ireland, an island situated off the north-western coast of continental Europe ***Éire, Irish language name for the isle ** Northern Ireland, a constituent unit ...
or
Ulster Irish Ulster Irish ( ga, Gaeilig Uladh, IPA=, IPA ga=ˈɡeːlʲɪc ˌʊlˠuː) is the variety of Irish spoken in the province of Ulster. It "occupies a central position in the Gaelic world made up of Ireland, Scotland and the Isle of Man". Ulster Ir ...
descent, with William Paterson born in Ireland to an Ulster Scots Protestant family and Joseph McKenna, Edward Douglas White,
Pierce Butler Pierce or Piers Butler may refer to: *Piers Butler, 8th Earl of Ormond (c. 1467 – 26 August 1539), Anglo-Irish nobleman in the Peerage of Ireland *Piers Butler, 3rd Viscount Galmoye (1652–1740), Anglo-Irish nobleman in the Peerage of Ireland * P ...
,
Frank Murphy William Francis Murphy (April 13, 1890July 19, 1949) was an American politician, lawyer and jurist from Michigan. He was a Democrat who was named to the Supreme Court of the United States in 1940 after a political career that included serving ...
, William J. Brennan Jr.,
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
, and
Brett Kavanaugh Brett Michael Kavanaugh ( ; born February 12, 1965) is an American lawyer and jurist serving as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on July 9, 2018, and has served since ...
being of
Irish Catholic Irish Catholics are an ethnoreligious group native to Ireland whose members are both Catholic and Irish. They have a large diaspora, which includes over 36 million American citizens and over 14 million British citizens (a quarter of the Briti ...
origin. There have been five justices of French ancestry in
John Jay John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the f ...
, Gabriel Duval, Lucius Quintus Cincinnatus Lamar,
Joseph Rucker Lamar Joseph Rucker Lamar (October 14, 1857 – January 2, 1916) was an Associate Justice of the United States Supreme Court appointed by President William Howard Taft. A cousin of former associate justice Lucius Lamar, he served from 1911 until hi ...
Schmidhauser, John Richard; ‘The Justices of the Supreme Court: A Collective Portrait’; ''
Midwest Journal of Political Science The ''American Journal of Political Science'' is a journal published by the Midwest Political Science Association. It was formerly known as the ''Midwest Journal of Political Science''. According to the '' Journal Citation Reports'', the journal ...
''; vol. 3, no. 1 (February 1959), pp. 1–57 and
Amy Coney Barrett Amy Vivian Coney Barrett (born January 28, 1972) is an associate justice of the Supreme Court of the United States. The fifth woman to serve on the court, she was nominated by President Donald Trump and has served since October 27, 2020. ...
, with all except the Catholic Barrett being Protestants of
Huguenot The Huguenots ( , also , ) were a religious group of French Protestants who held to the Reformed, or Calvinist, tradition of Protestantism. The term, which may be derived from the name of a Swiss political leader, the Genevan burgomaster Be ...
origins. Many justices – including John Jay, William Johnson, and
Willis Van Devanter Willis Van Devanter (April 17, 1859 – February 8, 1941) was an American lawyer who served as an Associate Justice of the Supreme Court of the United States from 1911 to 1937. He was a staunch conservative and was regarded as a part of the Four ...
– have been of
Dutch Dutch commonly refers to: * Something of, from, or related to the Netherlands * Dutch people () * Dutch language () Dutch may also refer to: Places * Dutch, West Virginia, a community in the United States * Pennsylvania Dutch Country People E ...
Protestant origin, whilst the only two
Scandinavian Americans Nordic and Scandinavian Americans are Americans of Scandinavian and/or Nordic ancestry, including Danish Americans (estimate: 1,453,897), Faroese Americans, Finnish Americans (estimate: 653,222), Greenlandic Americans, Icelandic Americans ( ...
to serve on the court have been Chief Justices Earl Warren and
William Rehnquist William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from ...
. Up until the 1980s, only eight justices of "central, eastern, or southern European derivation" had been appointed, and even among these justices, five of them "were of Germanic background, which includes Austrian, German-Bohemian, and Swiss origins ( John Catron, Samuel F. Miller, Louis Brandeis,
Felix Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judic ...
, and
Warren Burger Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul Colleg ...
)", with Brandeis and Frankfurter being of Ashkenazi Jewish descent, while only one justice was of non-Germanic, Southern European descent (
Benjamin N. Cardozo Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his deat ...
, of Sephardic Jewish descent).Schmidhauser, John Richard; ''Judges and justices: the Federal Appellate Judiciary'' (1979), p. 60. Cardozo, appointed to the court in 1932, was the first justice known to have non-Germanic, non-Anglo-Saxon or non-Irish ancestry and the first justice of
Southern European Southern Europe is the southern region of Europe. It is also known as Mediterranean Europe, as its geography is essentially marked by the Mediterranean Sea. Definitions of Southern Europe include some or all of these countries and regions: Alba ...
descent. Both of Justice Cardozo's parents descended from
Sephardic Jews Sephardic (or Sephardi) Jews (, ; lad, Djudíos Sefardíes), also ''Sepharadim'' , Modern Hebrew: ''Sfaradim'', Tiberian: Səp̄āraddîm, also , ''Ye'hude Sepharad'', lit. "The Jews of Spain", es, Judíos sefardíes (or ), pt, Judeus sefa ...
from the Iberian Peninsula who fled to Holland during the
Spanish Inquisition The Tribunal of the Holy Office of the Inquisition ( es, Tribunal del Santo Oficio de la Inquisición), commonly known as the Spanish Inquisition ( es, Inquisición española), was established in 1478 by the Catholic Monarchs, King Ferdinand ...
, then to London, before arriving in New York prior to the American Revolution. At least two,
Abe Fortas Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from R ...
and
Arthur Goldberg Arthur Joseph Goldberg (August 8, 1908January 19, 1990) was an American statesman and jurist who served as the 9th U.S. Secretary of Labor, an Associate Justice of the Supreme Court of the United States, and the 6th United States Ambassador to ...
, were of Eastern European Ashkenazi descent. Justice Antonin Scalia, who served from 1986 to 2016, and Justice Samuel Alito, who has served since 2006, are the first justices of
Italian Italian(s) may refer to: * Anything of, from, or related to the people of Italy over the centuries ** Italians, an ethnic group or simply a citizen of the Italian Republic or Italian Kingdom ** Italian language, a Romance language *** Regional Ita ...
descent to be appointed to the Supreme Court. Justice Scalia's father and both maternal grandparents as well as both of Justice Alito's parents were born in Italy. Justice
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by Presiden ...
was born to a Jewish father who immigrated from Russia at age 13 and a Jewish mother who was born four months after her parents immigrated from Poland. Amongst white ethnicities, according to a 1959 article, there had never been a Justice with any Slavic ancestry.


African-American justices

No African-American candidate was given serious consideration for appointment to the Supreme Court until the election of
John F. Kennedy John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), often referred to by his initials JFK and the nickname Jack, was an American politician who served as the 35th president of the United States from 1961 until his assassination ...
, who weighed the possibility of appointing William H. Hastie of the
United States Court of Appeals for the Third Circuit The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * East ...
.Sheldon Goldman, ''Picking Federal Judges: Lower Court Selection from Roosevelt Through Reagan'' (1999), p. 184-85. Hastie had been the first African-American elevated to a Court of Appeals when
Harry S. Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
had so appointed him in 1949, and by the time of the Kennedy Administration, it was widely anticipated that Hastie might be appointed to the Supreme Court. Kennedy gave serious consideration to this appointment, ensuring that this "represented the first time in American history that an African American was an actual contender for the high court". The first African-American appointed to the court was
Thurgood Marshall Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
, appointed by
Lyndon B. Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
in 1967. Johnson appointed Marshall to the Supreme Court following the retirement of Justice Tom C. Clark, saying that this was "the right thing to do, the right time to do it, the right man and the right place." Marshall was
confirmed In Christian denominations that practice infant baptism, confirmation is seen as the sealing of the covenant created in baptism. Those being confirmed are known as confirmands. For adults, it is an affirmation of belief. It involves laying on ...
as an Associate Justice by a Senate vote of 69—11 on August 31, 1967. Johnson confidently predicted to one biographer,
Doris Kearns Goodwin Doris Helen Kearns Goodwin (born January 4, 1943) is an American biographer, historian, former sports journalist, and political commentator. She has written biographies of several U.S. presidents, including ''Lyndon Johnson and the American Drea ...
, that a lot of black baby boys would be named "Thurgood" in honor of this choice (in fact, Kearns's research of birth records in New York and Boston indicates that Johnson's prophecy did not come true). The second was
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
, appointed by George H. W. Bush to succeed Marshall in 1991. Bush initially wanted to nominate Thomas to replace William Brennan, who stepped down in 1990, but Bush decided that Thomas had not yet had enough experience as a judge after only months on the federal bench. Bush nominated New Hampshire Supreme Court judge
David Souter David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat ...
(who is not African-American) instead. When Marshall retired due to health reasons in 1991, Bush nominated Thomas, preserving the racial composition of the court. On February 25, 2022, President Joe Biden announced the nomination of
Ketanji Brown Jackson Ketanji Onyika Brown Jackson ( ; born September 14, 1970) is an American jurist who serves as an associate justice of the Supreme Court of the United States. Jackson was nominated to the Supreme Court by President Joe Biden on February 25, 202 ...
to a seat vacated by the retirement of Stephen Breyer, making Jackson the first African-American woman to be nominated to the court. The Senate confirmed Jackson on April 7, 2022.


Hispanic and Latino justices

The words "
Latino Latino or Latinos most often refers to: * Latino (demonym), a term used in the United States for people with cultural ties to Latin America * Hispanic and Latino Americans in the United States * The people or cultures of Latin America; ** Latin A ...
" and "
Hispanic The term ''Hispanic'' ( es, hispano) refers to people, cultures, or countries related to Spain, the Spanish language, or Hispanidad. The term commonly applies to countries with a cultural and historical link to Spain and to viceroyalties forme ...
" are sometimes given distinct meanings, with "Latino" referring to persons of
Latin America Latin America or * french: Amérique Latine, link=no * ht, Amerik Latin, link=no * pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
n descent, and "Hispanic" referring to persons having an ancestry, language or culture traceable to
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
or to the
Iberian Peninsula The Iberian Peninsula (), ** * Aragonese and Occitan: ''Peninsula Iberica'' ** ** * french: Péninsule Ibérique * mwl, Península Eibérica * eu, Iberiar penintsula also known as Iberia, is a peninsula in southwestern Europe, def ...
as a whole, as well as to persons of
Latin America Latin America or * french: Amérique Latine, link=no * ht, Amerik Latin, link=no * pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
n descent, whereas the term "
Lusitanic Lusitanic is a term used to refer to people who share the linguistic and cultural traditions of the Portuguese-speaking nations, territories, and populations, including Portugal, Brazil, Madeira, Macau, Timor-Leste, Azores, Angola, Mozambique ...
" usually refers to persons having an ancestry, language or culture traceable to
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
specifically.
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
– nominated by President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
on May 26, 2009, and sworn in on August 8 – is the first Supreme Court Justice of
Latin America Latin America or * french: Amérique Latine, link=no * ht, Amerik Latin, link=no * pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
n descent. Born in
New York City New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...
of Puerto Rican parents, she has been known to refer to herself as a "
Nuyorican Nuyorican is a portmanteau of the terms "New York" and "Puerto Rican" and refers to the members or culture of the Puerto Ricans located in or around New York City, or of their descendants (especially those raised or currently living in the N ...
". Sotomayor is also generally regarded as the first Hispanic justice, although some sources claim that this distinction belongs to former Justice
Benjamin N. Cardozo Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his deat ...
. It has been claimed that "only since the George H. W. Bush administration have Hispanic candidates received serious consideration from presidents in the selection process", and that Emilio M. Garza (considered for the vacancy eventually given to
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
Dowd, Maureen
"The Supreme Court; Conservative black judge, Clarence Thomas, is named to Marshall's court seat"
, ''The New York Times'', July 2, 1991.) was the first Hispanic judge for whom such an appointment was contemplated. Subsequently,
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
was reported by several sources to have considered José A. Cabranes for a Supreme Court nomination on both occasions when a court vacancy opened during the Clinton presidency. The possibility of an Hispanic justice returned during the George W. Bush Presidency, with various reports suggesting that Emilio M. Garza,Kirkpatrick, David D
Senate Democrats Are Shifting Focus From Roberts to Other Seat
, ''The New York Times'', September 9, 2005. Alberto Gonzales,Specter: Gonzales Not Ready for Supreme Court
, ''Capitol Hill Blue'', September 12, 2005. and Consuelo M. Callahan were under consideration for the vacancy left by the retirement of Sandra Day O'Connor. O'Connor's seat eventually went to Samuel Alito, however. Speculation about a Hispanic nomination arose again after the election of
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
. In 2009, Obama appointed Sonia Sotomayor, a woman of
Puerto Rica Puerto, a Spanish word meaning ''seaport'', may refer to: Places *El Puerto de Santa María, Andalusia, Spain *Puerto, a seaport town in Cagayan de Oro City, Philippines *Puerto Colombia, Colombia *Puerto Cumarebo, Venezuela *Puerto Galera, Orient ...
n descent, to be the first unequivocally Hispanic Justice. Both the National Association of Latino Elected and Appointed Officials and the Hispanic National Bar Association count Sotomayor as the first Hispanic justice. In 2020, President Trump included
Cuban-American Cuban Americans ( es, cubanoestadounidenses or ''cubanoamericanos'') are Americans who trace their cultural heritage to Cuba regardless of phenotype or ethnic origin. The word may refer to someone born in the United States of Cuban descent or ...
judge Barbara Lagoa on a list of potential nominees to the court, and Lagoa was reported to be one of several front-runners to fill the vacancy created by the death of Ruth Bader Ginsburg. Ultimately,
Amy Coney Barrett Amy Vivian Coney Barrett (born January 28, 1972) is an associate justice of the Supreme Court of the United States. The fifth woman to serve on the court, she was nominated by President Donald Trump and has served since October 27, 2020. ...
was nominated. Some historians contend that Cardozo – a
Sephardic Jew Sephardic (or Sephardi) Jews (, ; lad, Djudíos Sefardíes), also ''Sepharadim'' , Modern Hebrew: ''Sfaradim'', Tiberian: Səp̄āraddîm, also , ''Ye'hude Sepharad'', lit. "The Jews of Spain", es, Judíos sefardíes (or ), pt, Judeus sefa ...
believed to be of distant
Portuguese Portuguese may refer to: * anything of, from, or related to the country and nation of Portugal ** Portuguese cuisine, traditional foods ** Portuguese language, a Romance language *** Portuguese dialects, variants of the Portuguese language ** Portu ...
descent – should also be counted as the first
Hispanic The term ''Hispanic'' ( es, hispano) refers to people, cultures, or countries related to Spain, the Spanish language, or Hispanidad. The term commonly applies to countries with a cultural and historical link to Spain and to viceroyalties forme ...
Justice. Schmidhauser wrote in 1979 that "among the large ethnic groupings of European origin which have never been represented upon the Supreme Court are the Italians, Southern Slavs, and Hispanic Americans." The National Hispanic Center for Advanced Studies and Policy Analysis wrote in 1982 that the Supreme Court "has never had an Hispanic Justice", and the ''Hispanic American Almanac'' similarly reported in 1996 that "no Hispanic has yet sat on the U.S. Supreme Court". However, Segal and Spaeth state: "Though it is often claimed that no Hispanics have served on the Court, it is not clear why Benjamin Cardozo, a Sephardic Jew of Spanish heritage, should not count." They identify a number of other sources that present conflicting views as to Cardozo's ethnicity, with one simply labeling him "Iberian." In 2007, the ''Dictionary of Latino Civil Rights History'' also listed Cardozo as "the first Hispanic named to the Supreme Court of the United States."F. Arturo Rosales, ''The Dictionary of Latino Civil Rights History'', Arte Publico Press (February 28, 2007). p 59 The nomination of
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
, widely described in media accounts as the first Hispanic nominee, drew more attention to the question of Cardozo's ethnicity. Cardozo biographer Andrew Kaufman questioned the usage of the term "hispanic" during Cardozo's lifetime, commenting: "Well, I think he regarded himself as Sephardic Jew whose ancestors came from the Iberian Peninsula." However, "no one has ever firmly established that the family's roots were, in fact, in Portugal". It has also been asserted that Cardozo himself "confessed in 1937 that his family preserved neither the Spanish language nor Iberian cultural traditions". By contrast, Cardozo made his own translations of authoritative legal works written in French and
German German(s) may refer to: * Germany (of or related to) ** Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ge ...
.


Asian and other ethnic groups

Asian-American jurists are poorly represented at all levels of federal judicial system, let alone being Supreme Court justices. According to the Center for American Progress (2019), among active federal judges serving on U.S. courts of appeals, only 10 were Asian Americans (5.7 percent). According to the study by the California Justice
Goodwin Liu Goodwin Hon Liu (born October 19, 1970; Chinese: 劉弘威) is an American lawyer, educator and an associate justice of the Supreme Court of California. Before his appointment by California Governor Jerry Brown, Liu was Associate Dean and Profes ...
(2017), of the 94 U.S. attorneys, only three are Asian American; and only 4 of the 2,437 elected prosecutors are Asian American.


Public opinion on ethnic diversity

Public opinion about ethnic diversity on the court "varies widely depending on the poll question's wording". For example, in two polls taken in 1991, one resulted in half of respondents agreeing that it was "important that there always be at least one black person" on the court while the other had only 20 percent agreeing with that sentiment, and with 77 percent agreeing that "race should never be a factor in choosing Supreme Court justices".


Gender

Of the 116 justices, 110 (94.8 percent) have been men. All Supreme Court justices were males until 1981, when Ronald Reagan fulfilled his 1980 campaign promise to place a woman on the court, which he did with the appointment of Sandra Day O'Connor. O'Connor was later joined on the court by
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by Presiden ...
, appointed by
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
in 1993. After O'Connor retired in 2006, Ginsburg was joined by
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
and Elena Kagan, who were successfully appointed to the court in 2009 and 2010, respectively, by
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
. In September 2020, following Ginsburg's death,
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
nominated
Amy Coney Barrett Amy Vivian Coney Barrett (born January 28, 1972) is an associate justice of the Supreme Court of the United States. The fifth woman to serve on the court, she was nominated by President Donald Trump and has served since October 27, 2020. ...
to succeed her. Barrett was confirmed the following month. Only one woman,
Harriet Miers Harriet Ellan Miers (born August 10, 1945) is an American lawyer who served as White House Counsel to President George W. Bush from 2005 to 2007. A member of the Republican Party since 1988, she previously served as White House Staff Secretary f ...
, has been nominated to the court unsuccessfully. Her nomination to succeed O'Connor by
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
was withdrawn under fire from both parties, and also marked the first time when a woman was nominated to replace another woman on the court. The nomination of Barrett was the first successful nomination for a woman to succeed another woman. Joe Biden's 2022 nomination of
Ketanji Brown Jackson Ketanji Onyika Brown Jackson ( ; born September 14, 1970) is an American jurist who serves as an associate justice of the Supreme Court of the United States. Jackson was nominated to the Supreme Court by President Joe Biden on February 25, 202 ...
to a seat vacated by the retirement of Stephen Breyer makes Jackson the first African-American woman to be nominated to the court. The Senate confirmed Jackson on April 7, 2022. Substantial public sentiment in support of appointment of a woman to the Supreme Court has been expressed since at least as early as 1930, when an editorial in ''
The Christian Science Monitor ''The Christian Science Monitor'' (''CSM''), commonly known as ''The Monitor'', is a nonprofit news organization that publishes daily articles in electronic format as well as a weekly print edition. It was founded in 1908 as a daily newspaper ...
'' encouraged
Herbert Hoover Herbert Clark Hoover (August 10, 1874 – October 20, 1964) was an American politician who served as the 31st president of the United States from 1929 to 1933 and a member of the Republican Party, holding office during the onset of the Gr ...
to consider Ohio justice Florence E. Allen or assistant attorney general Mabel Walker Willebrandt. Franklin Delano Roosevelt later appointed Allen to the
United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of ...
—making her "one of the highest ranking female jurists in the world at that time". However, neither Roosevelt nor his successors over the following two decades gave strong consideration to female candidates for the court.
Harry Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
considered such an appointment but was dissuaded by concerns raised by justices then serving that a woman on the court "would inhibit their conference deliberations", which were marked by informality. President
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
named
Mildred Lillie Mildred Loree Lillie (January 25, 1915 – October 27, 2002) was an American jurist. She served as a judge for 55 years in the state of California with a career that spanned from 1947 until her death in 2002. In 1958, she became the second woman t ...
, then serving on the Second District Court of Appeal of California, as a potential nominee to fill one of two vacancies on the court in 1971. However, Lillie was quickly deemed unqualified by the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of aca ...
, and no formal proceedings were ever set with respect to her potential nomination. Lewis Powell and
William Rehnquist William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from ...
were then successfully nominated to fill those vacancies. In 1991, a poll found that 53 percent of Americans felt it "important that there always be at least one woman" on the court. However, when O'Connor stepped down from the court, leaving Justice Ginsburg as the lone remaining woman, only one in seven persons polled found it "essential that a woman be nominated to replace" O'Connor. Graphical timeline of female justices:


Marital status and sexual orientation


Marital status

All but a handful of Supreme Court justices have been married. William H. Moody,
Frank Murphy William Francis Murphy (April 13, 1890July 19, 1949) was an American politician, lawyer and jurist from Michigan. He was a Democrat who was named to the Supreme Court of the United States in 1940 after a political career that included serving ...
,
Benjamin Cardozo Benjamin ( he, ''Bīnyāmīn''; "Son of (the) right") blue letter bible: https://www.blueletterbible.org/lexicon/h3225/kjv/wlc/0-1/ H3225 - yāmîn - Strong's Hebrew Lexicon (kjv) was the last of the two sons of Jacob and Rachel (Jacob's th ...
, and
James Clark McReynolds James Clark McReynolds (February 3, 1862 – August 24, 1946) was an American lawyer and judge from Tennessee who served as United States Attorney General under President Woodrow Wilson and as an associate justice of the Supreme Court of the Unite ...
were all lifelong bachelors. In addition, retired justice
David Souter David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat ...
and current justice Elena Kagan have never been married.Lisa Belkin,
Judging Women
", ''
The New York Times Magazine ''The New York Times Magazine'' is an American Sunday magazine supplement included with the Sunday edition of ''The New York Times''. It features articles longer than those typically in the newspaper and has attracted many notable contributors. ...
'' (May 18, 2010).
William O. Douglas William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist who served as an associate justice of the Supreme Court of the United States, who was known for his strong progressive and civil libertarian views, and is often ci ...
was the first Justice to
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
while on the court and also had the most marriages of any Justice, with four. Justice John Paul Stevens divorced his first wife in 1979, marrying his second wife later that year.
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
was the first female justice to be appointed as an unmarried woman, having divorced in 1983, long before her nomination in 2009. Of the six women who have been appointed to the Court, O'Connor and Ginsburg were the only two military spouses, both having accompanied their spouses to their service posts, though in both cases their spouses had served for only brief periods, decades prior to their appointments. Several justices have become widowers while on the bench. The 1792 death of Elizabeth Rutledge, wife of Justice John Rutledge, contributed to the mental health problems that led to the rejection of his recess appointment.
Roger B. Taney Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...
survived his wife, Anne, by twenty years. Oliver Wendell Holmes Jr. resolutely continued working on the court for several years after the death of his wife. William Rehnquist was a widower for the last fourteen years of his service on the court, his wife Natalie having died on October 17, 1991 after suffering from
ovarian cancer Ovarian cancer is a cancerous tumor of an ovary. It may originate from the ovary itself or more commonly from communicating nearby structures such as fallopian tubes or the inner lining of the abdomen. The ovary is made up of three different c ...
. With the death of Martin D. Ginsburg in June 2010, Ruth Bader Ginsburg became the first woman to be widowed while serving on the court.


Sexual orientation

With regard to
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
, no Supreme Court justice has identified themself as anything other than
heterosexual Heterosexuality is romantic attraction, sexual attraction or sexual behavior between people of the opposite sex or gender. As a sexual orientation, heterosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" ...
, and no incontrovertible evidence of a justice having any other sexual orientation has ever been uncovered. However, the personal lives of several justices and nominees have attracted speculation. G. Harrold Carswell was unsuccessfully nominated by
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
in 1970 and was convicted in 1976 of battery for making an "unnatural and lascivious" advance to a male police officer working undercover in a Florida men's room. Some therefore claim him as the only
gay ''Gay'' is a term that primarily refers to a homosexual person or the trait of being homosexual. The term originally meant 'carefree', 'cheerful', or 'bright and showy'. While scant usage referring to male homosexuality dates to the late 1 ...
or bisexual person nominated to the court thus far. Stating of Carswell, "He's the only known homosexual to have been nominated to the Supreme Court, though he was in the closet". If so, it is unlikely that Nixon was aware of it;
White House Counsel The White House counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Of ...
John Dean John Wesley Dean III (born October 14, 1938) is an American former attorney who served as White House Counsel for U.S. President Richard Nixon from July 1970 until April 1973. Dean is known for his role in the cover-up of the Watergate scandal ...
later wrote of Carswell that " ile Richard Nixon was always looking for historical firsts, nominating a homosexual to the high court would not have been on his list". Speculation has been recorded about the sexual orientation of a few justices who were lifelong bachelors, but no unambiguous evidence exists that they were gay. Perhaps the greatest body of circumstantial evidence surrounds
Frank Murphy William Francis Murphy (April 13, 1890July 19, 1949) was an American politician, lawyer and jurist from Michigan. He was a Democrat who was named to the Supreme Court of the United States in 1940 after a political career that included serving ...
, who was dogged by "rumors of homosexuality ... all his adult life".
For more than 40 years, Edward G. Kemp was Frank Murphy's devoted, trusted companion. Like Murphy, Kemp was a lifelong bachelor. From college until Murphy's death, the pair found creative ways to work and live together. ..When Murphy appeared to have the better future in politics, Kemp stepped into a supportive, secondary role.
As well as Murphy's close relationship with Kemp, Murphy's biographer, historian Sidney Fine, found in Murphy's personal papers a letter that "if the words mean what they say, refers to a homosexual encounter some years earlier between Murphy and the writer." However, the letter's veracity cannot be confirmed, and a review of all the evidence led Fine to conclude that he "could not stick his neck out and say urphywas gay". Speculation has also surrounded
Benjamin Cardozo Benjamin ( he, ''Bīnyāmīn''; "Son of (the) right") blue letter bible: https://www.blueletterbible.org/lexicon/h3225/kjv/wlc/0-1/ H3225 - yāmîn - Strong's Hebrew Lexicon (kjv) was the last of the two sons of Jacob and Rachel (Jacob's th ...
, whose celibacy was proposed to suggest repressed homosexuality or asexuality. The fact that he was unmarried and was personally tutored by the writer Horatio Alger (alleged to have had sexual relations with boys) led some of Cardozo's biographers to insinuate that Cardozo was homosexual, but no real evidence exists to corroborate this possibility. Constitutional law scholar Jeffrey Rosen noted in a ''
The New York Times Book Review ''The New York Times Book Review'' (''NYTBR'') is a weekly paper-magazine supplement to the Sunday edition of ''The New York Times'' in which current non-fiction and fiction books are reviewed. It is one of the most influential and widely rea ...
'' of
Richard Polenberg Richard Polenberg (1937-2020) was an American historian. Background Richard Polenberg was born on July 21, 1937. He received his Bachelor of Arts degree from Brooklyn College and his Doctor of Philosophy degree from Columbia University, the la ...
's book on Cardozo:
Polenberg describes Cardozo's lifelong devotion to his older sister Nell, with whom he lived in New York until her death in 1929. When asked why he had never married, Cardozo replied, quietly and sadly, "I never could give Nellie the second place in my life." Polenberg suggests that friends may have stressed Cardozo's devotion to his sister to discourage rumors "that he was sexually dysfunctional, or had an unusually low sexual drive or was homosexual." But he produces no evidence to support any of these possibilities, except to note that friends, in describing Cardozo, used words like "beautiful", "exquisite", "sensitive" or "delicate."Jeffrey Rosen
NYT November 2, 1997
Andrew Kaufman, author of ''Cardozo'', a biography published in 2000, notes that "Although one cannot be absolutely certain, it seems highly likely that Cardozo lived a celibate life". Judge
Learned Hand Billings Learned Hand ( ; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 a ...
is quoted in the book as saying about Cardozo: "He adno trace of homosexuality anyway". More recently, when
David Souter David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat ...
was nominated to the court, "conservative groups expressed concern to the White House ... that the president's bachelor nominee might conceivably be a homosexual". Similar questions were raised regarding the sexual orientation of unmarried nominee Elena Kagan. However, no evidence was ever produced regarding Souter's sexual orientation, and Kagan's apparent heterosexuality was attested by colleagues familiar with her dating history.


Religion

When the Supreme Court was established in 1789, the first members came from among the ranks of the Founding Fathers and were almost uniformly Protestant. Of the 116 justices who have been appointed to the court, 92 have been from various Protestant denominations, 15 have been Catholics (one other justice,
Sherman Minton Sherman "Shay" Minton (October 20, 1890 – April 9, 1965) was an American politician and jurist who served as a U.S. senator from Indiana and later became an associate justice of the Supreme Court of the United States; he was a member of the ...
, converted to Catholicism after leaving the court). Another, Neil Gorsuch, was raised in the Catholic Church but later attended an Episcopal church, though without specifying the denomination to which he felt he belonged. Eight have been Jewish and one, David Davis, had no known religious affiliation. Three of the 17 chief justices have been Catholics, and one Jewish justice,
Abe Fortas Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from R ...
, was unsuccessfully nominated to be chief justice. The table below shows the religious affiliation of each of the justices sitting :


Protestant justices

Most Supreme Court justices have been Protestant Christians. These have included 33 Episcopalians, 18 Presbyterians, nine Unitarians, five Methodists, three Baptists, two Disciples of Christ, and lone representatives of various other denominations. (archived)
William Rehnquist William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from ...
and William R. Day were the court's only
Lutherans Lutheranism is one of the largest branches of Protestantism, identifying primarily with the theology of Martin Luther, the 16th-century German monk and reformer whose efforts to reform the theology and practice of the Catholic Church launched ...
. Noah Swayne was a Quaker. Some fifteen Protestant justices did not adhere to a particular denomination. The religious beliefs of
James Wilson James Wilson may refer to: Politicians and government officials Canada *James Wilson (Upper Canada politician) (1770–1847), English-born farmer and political figure in Upper Canada * James Crocket Wilson (1841–1899), Canadian MP from Quebe ...
, one of the earliest justices, have been the subject of some dispute, as there are writings from various points of his life from which it can be argued that he leaned towards
Presbyterianism Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland by John Knox, who was a priest at St. Giles Cathedral (Church of Scotland). Presbyterian churches derive their nam ...
, Anglicanism,
Thomism Thomism is the philosophical and theological school that arose as a legacy of the work and thought of Thomas Aquinas (1225–1274), the Dominican philosopher, theologian, and Doctor of the Church. In philosophy, Aquinas' disputed questions ...
, or Deism; it has been deemed likely that he eventually favored some form of Christianity.
Baptist Baptists form a major branch of Protestantism distinguished by baptizing professing Christian believers only ( believer's baptism), and doing so by complete immersion. Baptist churches also generally subscribe to the doctrines of soul compe ...
denominations and other
evangelical Evangelicalism (), also called evangelical Christianity or evangelical Protestantism, is a worldwide interdenominational movement within Protestant Christianity that affirms the centrality of being " born again", in which an individual expe ...
churches have been underrepresented on the court relative to the population of the United States, and entirely unrepresented since the retirement of Methodist Harry Blackmun in 1994. Conversely, mainline Protestant churches historically were overrepresented. Following the retirement of John Paul Stevens in June 2010, the court had an entirely non-Protestant composition for the first time in its history.
Nina Totenberg Nina Totenberg (born January 14, 1944) is an American legal affairs correspondent for National Public Radio (NPR) focusing primarily on the activities and politics of the Supreme Court of the United States. Her reports air regularly on NPR's new ...
, "Supreme Court May Soon Lack Protestant Justices,"
NPR National Public Radio (NPR, stylized in all lowercase) is an American privately and state funded nonprofit media organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It differs from other ...
, ''Heard on Morning Edition'', April 7, 2010, found a
NPR website
and transcript found a
NPR website
. Cited by Sarah Pulliam Bailey, "The Post-Protestant Supreme Court: Christians weigh in on whether it matters that the high court will likely lack Protestant representation," '' Christianity Today'', April 10, 2010, found a
Christianity Today website
. Also cited by "Does the U.S. Supreme Court need another Protestant?" ''
USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgi ...
'', April 9, 2010, found a
USA Today website
. All accessed April 10, 2010. Richard W. Garnett, "The Minority Court", ''
The Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'' (April 17, 2010), W3. Neil Gorsuch was the first member of a mainline Protestant denomination to sit on the court since Stevens' retirement.
Ketanji Brown Jackson Ketanji Onyika Brown Jackson ( ; born September 14, 1970) is an American jurist who serves as an associate justice of the Supreme Court of the United States. Jackson was nominated to the Supreme Court by President Joe Biden on February 25, 202 ...
is a non-denominational Protestant.


Catholic justices

The first Catholic justice,
Roger B. Taney Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...
, was appointed chief justice in 1836 by
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
. The second,
Edward Douglass White Edward Douglass White Jr. (November 3, 1844 – May 19, 1921) was an American politician and jurist from Louisiana. White was a U.S. Supreme Court justice for 27 years, first as an associate justice from 1894 to 1910, then as the ninth chief ...
, was appointed as an associate justice in 1894, but also went on to become chief justice. Joseph McKenna was appointed in 1898, placing two Catholics on the court until White's death in 1921. This period marked the beginning of an inconsistently observed "tradition" of having a "Catholic seat" on the court. Other Catholic justices included
Pierce Butler Pierce or Piers Butler may refer to: *Piers Butler, 8th Earl of Ormond (c. 1467 – 26 August 1539), Anglo-Irish nobleman in the Peerage of Ireland *Piers Butler, 3rd Viscount Galmoye (1652–1740), Anglo-Irish nobleman in the Peerage of Ireland * P ...
(appointed 1923) and
Frank Murphy William Francis Murphy (April 13, 1890July 19, 1949) was an American politician, lawyer and jurist from Michigan. He was a Democrat who was named to the Supreme Court of the United States in 1940 after a political career that included serving ...
(appointed 1940).
Sherman Minton Sherman "Shay" Minton (October 20, 1890 – April 9, 1965) was an American politician and jurist who served as a U.S. senator from Indiana and later became an associate justice of the Supreme Court of the United States; he was a member of the ...
, appointed in 1949, was a Protestant during his time on the court. To some, however, his wife's Catholic faith implied a "Catholic seat". Minton joined his wife's church in 1961, five years after he retired from the court. Minton was succeeded by a Catholic, however, when President
Eisenhower Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
appointed
William J. Brennan William Joseph "Bill" Brennan Jr. (April 25, 1906 – July 24, 1997) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1956 to 1990. He was the seventh-longest serving justice ...
to that seat. Eisenhower sought a Catholic to appoint to the court—in part because there had been no Catholic justice since Murphy's death in 1949, and in part because Eisenhower was directly lobbied by Francis Cardinal Spellman of the
Archdiocese of New York The Archdiocese of New York ( la, Archidiœcesis Neo-Eboracensis) is an ecclesiastical territory or archdiocese of the Catholic Church ( particularly the Roman Catholic or Latin Church) located in the State of New York. It encompasses the boroug ...
to make such an appointment.Jeffrey A. Segal, Harold J. Spaeth, ''The Supreme Court and the Attitudinal Model Revisited'' (2002) p. 184. Brennan was then the lone Catholic justice until the appointment of Antonin Scalia in 1986, and
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
in 1988. Like Sherman Minton, Clarence Thomas was not a Catholic at the time he was appointed to the court. Thomas was raised Catholic and briefly attended Conception Seminary College, a
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
seminary A seminary, school of theology, theological seminary, or divinity school is an educational institution for educating students (sometimes called ''seminarians'') in scripture, theology, generally to prepare them for ordination to serve as clergy ...
, but had joined the Protestant denomination of his wife after their marriage. At some point in the late 1990s, Thomas returned to Catholicism. In 2005,
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...
became the third Catholic Chief Justice and the fourth Catholic on the court. Shortly thereafter, Samuel Alito became the fifth on the court, and the eleventh in the history of the court. Alito's appointment gave the court a Catholic majority for the first time in its history. Besides Thomas, at least one other Justice,
James F. Byrnes James Francis Byrnes ( ; May 2, 1882 – April 9, 1972) was an American judge and politician from South Carolina. A member of the Democratic Party, he served in U.S. Congress and on the U.S. Supreme Court, as well as in the executive branch, ...
, was raised as a Catholic, but converted to a different branch of Christianity prior to serving on the court. In contrast to historical patterns, the court has gone from having a "Catholic seat" to being what some have characterized as a "Catholic court". The reasons for that are subject to debate. The fact that most recent Catholic appointees were also ideologically conservative has led some partisan critics to derisively refer to the court as "a Catholic boys club". However in May 2009, President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
nominated a Catholic woman,
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
, to replace retiring Justice
David Souter David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat ...
. Paulson, Michael Catholicism: Sotomayor would be sixth Catholic May 26, 2009.
''
The Boston Globe ''The Boston Globe'' is an American daily newspaper founded and based in Boston, Massachusetts. The newspaper has won a total of 27 Pulitzer Prizes, and has a total circulation of close to 300,000 print and digital subscribers. ''The Boston Glob ...
''. Her confirmation raised the number of Catholics on the court to six, compared to three non-Catholics. With Antonin Scalia's death in February 2016, the number of Catholic justices went back to five. Scalia's replacement, Neil Gorsuch, appointed in 2017, was raised Catholic but attends and is a member of an Episcopal church; it is unclear if he identifies as a Catholic as well as belonging to the Episcopal Church. Following
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
's retirement in July 2018, the number of Catholic justices remained unchanged as he was succeeded by Catholic
Brett Kavanaugh Brett Michael Kavanaugh ( ; born February 12, 1965) is an American lawyer and jurist serving as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on July 9, 2018, and has served since ...
. In September 2020, following the death of
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by Presiden ...
, Donald Trump nominated another Catholic,
Amy Coney Barrett Amy Vivian Coney Barrett (born January 28, 1972) is an associate justice of the Supreme Court of the United States. The fifth woman to serve on the court, she was nominated by President Donald Trump and has served since October 27, 2020. ...
to succeed her. Graphical timeline of Catholic justices:


Jewish justices

In 1853, President
Millard Fillmore Millard Fillmore (January 7, 1800March 8, 1874) was the 13th president of the United States, serving from 1850 to 1853; he was the last to be a member of the Whig Party while in the White House. A former member of the U.S. House of Represen ...
offered to appoint
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
Senator
Judah P. Benjamin Judah Philip Benjamin, QC (August 6, 1811 – May 6, 1884) was a United States senator from Louisiana, a Cabinet officer of the Confederate States and, after his escape to the United Kingdom at the end of the American Civil War, an English ba ...
to be the first Jewish justice, and ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' reported (on February 15, 1853) that "if the President nominates Benjamin, the Democrats are determined to confirm him". However, Benjamin declined the offer, and ultimately became Secretary of State for the Confederacy during the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
. The first
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
nominee, Louis Brandeis, was appointed in 1916, after a tumultuous hearing process. The 1932 appointment of
Benjamin Cardozo Benjamin ( he, ''Bīnyāmīn''; "Son of (the) right") blue letter bible: https://www.blueletterbible.org/lexicon/h3225/kjv/wlc/0-1/ H3225 - yāmîn - Strong's Hebrew Lexicon (kjv) was the last of the two sons of Jacob and Rachel (Jacob's th ...
raised mild controversy for placing two Jewish justices on the court at the same time, although the appointment was widely lauded based on Cardozo's qualifications, and the Senate was unanimous in confirming Cardozo. Most Jewish Supreme Court justices were of Ashkenazi Jewish descent, with the exception of Cardozo, who was Sephardic. None of the Jewish Supreme Court justices have practiced
Orthodox Judaism Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as revealed by God to Moses ...
while on the court, although
Abe Fortas Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from R ...
was raised Orthodox. Cardozo was succeeded by another Jewish justice,
Felix Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judic ...
, but Brandeis was succeeded by Protestant
William O. Douglas William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist who served as an associate justice of the Supreme Court of the United States, who was known for his strong progressive and civil libertarian views, and is often ci ...
. Negative reaction to the appointment of the early Jewish justices did not exclusively come from outside the court. Justice
James Clark McReynolds James Clark McReynolds (February 3, 1862 – August 24, 1946) was an American lawyer and judge from Tennessee who served as United States Attorney General under President Woodrow Wilson and as an associate justice of the Supreme Court of the Unite ...
, a blatant anti-semite, refused to speak to Brandeis for three years following the latter's appointment and when Brandeis retired in 1939, did not sign the customary dedicatory letter sent to court members on their retirement. During Benjamin Cardozo's swearing in ceremony McReynolds pointedly read a newspaper muttering "another one" and did not attend that of
Felix Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judic ...
, exclaiming "My God, another Jew on the Court!" Frankfurter was followed by
Arthur Goldberg Arthur Joseph Goldberg (August 8, 1908January 19, 1990) was an American statesman and jurist who served as the 9th U.S. Secretary of Labor, an Associate Justice of the Supreme Court of the United States, and the 6th United States Ambassador to ...
and
Abe Fortas Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from R ...
, each of whom filled what became known as the "Jewish seat". After Fortas resigned in 1969, he was replaced by Protestant Harry Blackmun. No Jewish justices were nominated thereafter until Ronald Reagan nominated Douglas H. Ginsburg in 1987, to fill the vacancy created by the retirement of Lewis F. Powell; however, this nomination was withdrawn, and the court remained without any Jewish justices until 1993, when
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by Presiden ...
(unrelated to Douglas Ginsburg) was appointed to replace
Byron White Byron "Whizzer" Raymond White (June 8, 1917 April 15, 2002) was an American professional football player and jurist who served as an associate justice of the U.S. Supreme Court from 1962 until his retirement in 1993. Born and raised in Colo ...
. Ginsburg was followed in relatively quick succession by the appointment of Stephen Breyer, also Jewish, in 1994 to replace Harry Blackmun. In 2010, the confirmation of President Barack Obama's nomination of Elena Kagan to the court ensured that three Jewish justices would serve simultaneously. Prior to this confirmation,
conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
political commentator A pundit is a person who offers mass media opinion or commentary on a particular subject area (most typically politics, the social sciences, technology or sport). Origins The term originates from the Sanskrit term ('' '' ), meaning "knowledg ...
Pat Buchanan stated that, "If Kagan is confirmed, Jews, who represent less than 2 percent of the U.S. population, will have 33 percent of the Supreme Court seats". At the time of his remarks, 6.4 percent of justices in the history of the court had been Jewish. Justice Ginsburg's death in 2020 and Breyer's retirement in 2022 reduced the number to one. Graphical timeline of Jewish justices:


The shift to a Catholic majority, and non-Protestant court

With Breyer's appointment in 1994, there were two
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
justices, Antonin Scalia and
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
, and two Jewish justices, Stephen Breyer and Ruth Bader Ginsburg.
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
, who had been raised as a Catholic but had attended an Episcopal church after his marriage, returned to Catholicism later in the 1990s. At this point, the four remaining Protestant justices—Rehnquist, Stevens, O'Connor, and Souter—remained a plurality on the court, but for the first time in the history of the court, Protestants were no longer an absolute majority. The first Catholic plurality on the court occurred in 2005, when Chief Justice Rehnquist was succeeded in office by Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...
, who became the fourth sitting Catholic justice. On January 31, 2006, Samuel Alito became the fifth sitting Catholic justice, and on August 6, 2009, Sonia Sotomayor became the sixth. By contrast, there have only been two Catholic U.S. Presidents,
John F. Kennedy John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), often referred to by his initials JFK and the nickname Jack, was an American politician who served as the 35th president of the United States from 1961 until his assassination ...
(unrelated to Justice Kennedy) and Joe Biden, who was previously the only Catholic to serve as Vice President. There has never been a Jewish U.S. President or Vice President. At the beginning of 2010, Justice John Paul Stevens was the sole remaining Protestant on the court. In April 2010, Justice Stevens announced his retirement, effective as of the court's 2010 summer recess. Upon Justice Stevens' retirement, which formally began on June 28, 2010, the court lacked a Protestant member, marking the first time in its history that it was exclusively composed of Jewish and Catholic justices. Although in January 2017, after seven years with no Protestant justices serving or nominated, President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
nominated Neil Gorsuch to the court, as noted above it is unclear whether Gorsuch considers himself a Catholic or an Episcopalian. Following the retirement of Justice Kennedy, the Catholic majority on the court was extended by the appointment of
Brett Kavanaugh Brett Michael Kavanaugh ( ; born February 12, 1965) is an American lawyer and jurist serving as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on July 9, 2018, and has served since ...
; the appointment of Amy Coney Barrett increased this majority to six Catholic members of the court, or seven if Gorsuch is classified as a Catholic. This development led to some comment. Law school professor Jeffrey Rosen wrote that "it's a fascinating truth that we've allowed religion to drop out of consideration on the Supreme Court, and right now, we have a Supreme Court that religiously at least, by no means looks like America".Rosen, Jeffrey. ''The Supreme Court: The Personalities and Rivalries That Defined America''. Times Books, 2007. "


Unrepresented religions

A number of sizable religious groups, each less than two percent of the total U.S. population, have had no members appointed as justices. These include Orthodox Christians, Mormons,
Pentecostal Pentecostalism or classical Pentecostalism is a Protestant Charismatic Christian movement
s, Muslims,
Hindu Hindus (; ) are people who religiously adhere to Hinduism. Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for ...
s,
Buddhist Buddhism ( , ), also known as Buddha Dharma and Dharmavinaya (), is an Indian religion or philosophical tradition based on teachings attributed to the Buddha. It originated in northern India as a -movement in the 5th century BCE, and ...
s, Sikhs, and members of Native American religions.
George Sutherland George Alexander Sutherland (March 25, 1862July 18, 1942) was an English-born American jurist and politician. He served as an associate justice of the U.S. Supreme Court between 1922 and 1938. As a member of the Republican Party, he also repre ...
has been described as a "lapsed Mormon" because he was raised in the
LDS Church The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a nontrinitarian Christian church that considers itself to be the restoration of the original church founded by Jesus Christ. The c ...
, his parents having immigrated to the United States during Sutherland's infancy to join that church.Robert R. Mayer, ''The Court and the American crises, 1930–1952'' (1987), p. 217. Sutherland's parents soon left the LDS Church and moved to Montana. Sutherland himself also disaffiliated with the faith, but remained in Utah and graduated from
Brigham Young Academy Brigham Young University (BYU, sometimes referred to colloquially as The Y) is a private research university in Provo, Utah. It was founded in 1875 by religious leader Brigham Young and is sponsored by the Church of Jesus Christ of Latter-day ...
in 1881, the only non-Mormon in his class. In 1975, Attorney General
Edward H. Levi Edward Hirsch Levi (June 26, 1911 – March 7, 2000) was an American law professor, academic leader, and government lawyer. He served as dean of the University of Chicago Law School from 1950 to 1962, president of the University of Chicago from ...
had listed
Dallin H. Oaks Dallin Harris Oaks (born August 12, 1932) is an American religious leader and former jurist and academic who since 2018 has been the first counselor in the First Presidency of the Church of Jesus Christ of Latter-day Saints (LDS Church). He was ...
, a Mormon who had clerked for Earl Warren and was then president of
Brigham Young University Brigham Young University (BYU, sometimes referred to colloquially as The Y) is a private research university in Provo, Utah. It was founded in 1875 by religious leader Brigham Young and is sponsored by the Church of Jesus Christ of Latter-d ...
, as a potential nominee for Gerald Ford. Ford "crossed Oaks's name off the list early on, noting in the margin that a member of the LDS Church might bring a 'confirmation fight'".David Alistair Yalof, ''Pursuit of Justices: Presidential Politics and the Selection of Supreme Court Nominees'' (2001), p. 128. No professing atheist has ever been appointed to the court, although some justices have declined to engage in religious activity, or affiliate with a denomination. As an adult,
Benjamin Cardozo Benjamin ( he, ''Bīnyāmīn''; "Son of (the) right") blue letter bible: https://www.blueletterbible.org/lexicon/h3225/kjv/wlc/0-1/ H3225 - yāmîn - Strong's Hebrew Lexicon (kjv) was the last of the two sons of Jacob and Rachel (Jacob's th ...
no longer practiced his faith and identified himself as an agnostic, though he remained proud of his Jewish heritage.


Age

Unlike the offices of President, U.S. Representative, and U.S. Senator, there is no minimum age for Supreme Court justices set forth in the United States Constitution. However, justices tend to be appointed after having made significant achievements in law or politics, which excludes many young potential candidates from consideration. At the same time, justices appointed at too advanced an age will likely have short tenures on the court. The youngest justice ever appointed was
Joseph Story Joseph Story (September 18, 1779 – September 10, 1845) was an associate justice of the Supreme Court of the United States, serving from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and '' United States ...
, 32 at the time of his appointment in 1812; the oldest was
Charles Evans Hughes Charles Evans Hughes Sr. (April 11, 1862 – August 27, 1948) was an American statesman, politician and jurist who served as the 11th Chief Justice of the United States from 1930 to 1941. A member of the Republican Party, he previously was the ...
, who was 67 at the time of his appointment as Chief Justice in 1930. (Hughes had previously been appointed to the court as an associate justice in 1910, at the age of 48, but had resigned in 1916 to run for president). Story went on to serve for 33 years, while Hughes served 11 years after his second appointment. The oldest justice at the time of his initial appointment was Horace Lurton, 65 at the time of his appointment in 1909. Lurton died after only four years on the court. The oldest sitting justice to be elevated to Chief Justice was Hughes' successor,
Harlan Fiske Stone Harlan is a given name and a surname which may refer to: Surname * Bob Harlan (born 1936 Robert E. Harlan), American football executive *Bruce Harlan (1926–1959), American Olympic diver *Byron B. Harlan (1886–1949), American politician * Byron ...
, who was 68 at the time of his elevation in 1941. Stone died in 1946, only five years after his elevation. The oldest nominee to the court was South Carolina senator William Smith, nominated in 1837, then aged around 75 (it is known that he was born in 1762, but not the exact date). The Senate confirmed Smith's nomination by a vote of 23–18, but Smith declined to serve. Smith died three years later. Of the justices sitting as of ,
Amy Coney Barrett Amy Vivian Coney Barrett (born January 28, 1972) is an associate justice of the Supreme Court of the United States. The fifth woman to serve on the court, she was nominated by President Donald Trump and has served since October 27, 2020. ...
is the youngest, at old, while
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
is the oldest at . The oldest person to have served on the court was Oliver Wendell Holmes Jr., who stepped down two months shy of his birthday. John Paul Stevens, second only to Holmes, left the court in June 2010, two months after turning 90. The average age of the court as a whole fluctuates over time with the departure of older justices and the appointment of younger people to fill their seats. , the youngest sitting Justice at the time of appointment is Clarence Thomas, who was 43 years old at the time of his confirmation in 1991. Following the appointment of
Ketanji Brown Jackson Ketanji Onyika Brown Jackson ( ; born September 14, 1970) is an American jurist who serves as an associate justice of the Supreme Court of the United States. Jackson was nominated to the Supreme Court by President Joe Biden on February 25, 202 ...
, the average age of the court is between 61 and 62 years old. By contrast, just prior to the death of Chief Justice
William Rehnquist William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from ...
in September 2005, the average age was 71. After Jackson's appointment and confirmation in 2022, the average age of appointment for current justices is between 50 and 51 years old. The longest period of time in which one group of justices has served together occurred from August 3, 1994, when Stephen Breyer was appointed to replace the retired Harry Blackmun, to September 3, 2005, the death of Rehnquist, totaling 11 years and 31 days. From 1789 until 1970, justices served an average of 14.9 years. Those who have stepped down since 1970 have served an average of 25.6 years. The retirement age had jumped from an average of 68 pre-1970 to 79 for justices retiring post-1970. Between 1789 and 1970 there was a vacancy on the court once every 1.91 years. In the next 34 years since the two appointments in 1971, there was a vacancy on average only once every 3.75 years. The typical one-term president has had one appointment opportunity instead of two. Commentators have noted that advances in medical knowledge "have enormously increased the life expectancy of a mature person of an age likely to be considered for appointment to the Supreme Court".Roger C. Cramton and Paul D. Carrington, eds., ''Reforming the Court: Term Limits for Supreme Court Justices'' ( Carolina Academic Press, 2006), p. 4. Combined with the reduction in responsibilities carried out by modern justices as compared to the early justices, this results in much longer potential terms of service. This has led to proposals such as imposing a mandatory retirement age for Supreme Court justices, or predetermined term limits.


Educational background

Although the Constitution imposes no educational background requirements for federal judges, the work of the court involves complex questions of
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
—ranging from
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
to
administrative law Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), ad ...
to admiralty law—and consequently, a legal education has become a ''de facto'' prerequisite to appointment on the Supreme Court. Every person who has been nominated to the court has been an attorney. Before the advent of modern law schools in the United States, justices, like most attorneys of the time, completed their legal studies by "
reading law Reading law was the method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under th ...
" (studying under and acting as an
apprentice Apprenticeship is a system for training a new generation of practitioners of a trade or profession with on-the-job training and often some accompanying study (classroom work and reading). Apprenticeships can also enable practitioners to gain a ...
to more experienced attorneys) rather than attending a formal program. The first justice to be appointed who had attended an actual law school was
Levi Woodbury Levi Woodbury (December 22, 1789September 4, 1851) was an American attorney, jurist, and Democratic politician from New Hampshire. During a four-decade career in public office, Woodbury served as Associate Justice of the Supreme Court of the U ...
, appointed to the court in 1846. Woodbury had attended Tapping Reeve Law School in
Litchfield, Connecticut Litchfield is a town in and former county seat of Litchfield County, Connecticut, United States. The population was 8,192 at the 2020 census. The boroughs of Bantam and Litchfield are located within the town. There are also three unincorpora ...
prior to his admission to the bar in 1812. However, Woodbury did not receive a law degree. Woodbury's successor on the court,
Benjamin Robbins Curtis Benjamin Robbins Curtis (November 4, 1809 – September 15, 1874) was an American lawyer and judge. He served as an associate justice of the United States Supreme Court from 1851 to 1857. Curtis was the first and only Whig justice of the ...
, who graduated from Harvard Law School in 1832, and was appointed to the court in 1851, was the first Justice to bear such a credential.Henry Julian Abraham, ''Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Bush II'' (2007), p. 49. Associate Justices
James F. Byrnes James Francis Byrnes ( ; May 2, 1882 – April 9, 1972) was an American judge and politician from South Carolina. A member of the Democratic Party, he served in U.S. Congress and on the U.S. Supreme Court, as well as in the executive branch, ...
, whose short tenure lasted from June 1941 to October 1942, and Robert H. Jackson, who served from July 1941 to October 1954, were the last two justices to be appointed without having graduated from law school; Stanley Forman Reed, who served on the court from 1938 to 1957, was the last sitting justice from such a background. In total, of the 115 justices appointed to the court, 49 have graduated from law school, an additional 18 attended some law school but did not graduate, and 47 received their legal education without any law school attendance. Two justices,
Sherman Minton Sherman "Shay" Minton (October 20, 1890 – April 9, 1965) was an American politician and jurist who served as a U.S. senator from Indiana and later became an associate justice of the Supreme Court of the United States; he was a member of the ...
and Lewis F. Powell Jr., earned a
Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...
degree. In 1970, G. Harold Carswell, was nominated as an associate justice of the U.S. Supreme Court – to occupy the seat vacated by
Abe Fortas Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from R ...
. During the debate of the nomination, Nebraska Republican Roman Hruska intoned in a TV interview, "Even if he arswellwere mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they? We can't have all Brandeises and Frankfurters and Cardozos." The table below shows the
college A college (Latin: ''collegium'') is an educational institution or a constituent part of one. A college may be a degree-awarding tertiary educational institution, a part of a collegiate or federal university, an institution offerin ...
and law school from which each of the currently sitting justices graduated:


Professional background

Not only have all justices been attorneys, nearly two thirds had previously been judges. , eight of the nine sitting justices previously served as judges of the
United States courts of appeals The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals f ...
, while Justice Elena Kagan served as Solicitor General, the attorney responsible for representing the federal government in cases before the court. Few justices have a background as
criminal defense lawyer A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jur ...
s, and Thurgood Marshall is reportedly the last justice to have had a client in a death penalty case. Historically, justices have come from some tradition of public service; only George Shiras Jr. had no such experience. Relatively few justices have been appointed from among members of Congress. Six were members of the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
at the time of their appointment, while one was a sitting member of the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
. Six more had previously served in the Senate. Three have been sitting
governors A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
. Only one,
William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...
, had been
President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...
. The last justice to have held elected office was Sandra Day O'Connor, who was elected twice to the
Arizona State Senate The Arizona State Senate is part of the Arizona Legislature, the state legislature of the US state of Arizona. The Senate consists of 30 members each representing an average of 219,859 constituents (2009 figures). Members serve two-year terms wi ...
after being appointed there by the governor. Predominantly, recent justices have had experience in the Executive branch. The last Member of Congress to be nominated was
Sherman Minton Sherman "Shay" Minton (October 20, 1890 – April 9, 1965) was an American politician and jurist who served as a U.S. senator from Indiana and later became an associate justice of the Supreme Court of the United States; he was a member of the ...
. The last nominee to have any
Legislative branch A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
experience was Sandra Day O'Connor. , 42 justices have been military veterans. Numerous justices were appointed who had served in the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
, the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states ...
(including three who had served in the
Confederate States Army The Confederate States Army, also called the Confederate Army or the Southern Army, was the military land force of the Confederate States of America (commonly referred to as the Confederacy) during the American Civil War (1861–1865), fighting ...
),
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
and
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
. However, no justice has been appointed who has served in any subsequent war. The last justice to have served in the military during wartime was John Paul Stevens, who was in naval intelligence during World War II.


Financial means

The financial position of the typical Supreme Court Justice has been described as "upper-middle to high social status: reared in nonrural but not necessarily urban environment, member of a civic-minded, politically active, economically comfortable family". Charles A. Beard, in his ''
An Economic Interpretation of the Constitution of the United States ''An Economic Interpretation of the Constitution of the United States'' is a 1913 book by American historian Charles A. Beard. Summary ''An Economic Interpretation of the Constitution of the United States'' argues that the structure of the Constit ...
'', profiled those among the justices who were also drafters of the Constitution.
James Wilson James Wilson may refer to: Politicians and government officials Canada *James Wilson (Upper Canada politician) (1770–1847), English-born farmer and political figure in Upper Canada * James Crocket Wilson (1841–1899), Canadian MP from Quebe ...
, Beard notes, "developed a lucrative practice at Carlisle" before becoming "one of the directors of the
Bank of North America The Bank of North America was the first chartered bank in the United States, and served as the country's first ''de facto'' central bank. Chartered by the Congress of the Confederation on May 26, 1781, and opened in Philadelphia on January 7, 17 ...
on its incorporation in 1781". A member of the Georgia Land Company, Wilson "held shares to the amount of at least one million acres". John Blair was "one of the most respectable men in Virginia, both on account of his Family as well as fortune". Another source notes that Blair "was a member of a prominent Virginia family. His father served on the Virginia Council and was for a time acting Royal governor. His granduncle, James Blair, was founder and first president of the College of William and Mary." John Rutledge was elected Governor of South Carolina at a time when the Constitution of that state set, as a qualification for the office, ownership of "a settled plantation or freehold ... of the value of at least ten thousand pounds currency, clear of debt".
Oliver Ellsworth Oliver Ellsworth (April 29, 1745 – November 26, 1807) was a Founding Father of the United States, attorney, jurist, politician, and diplomat. Ellsworth was a framer of the United States Constitution, United States senator from Connecticut ...
"rose rapidly to wealth and power in the bar of his native state" with "earnings... unrivalled in his own day and unexampled in the history of the colony", developing "a fortune which for the times and the country was quite uncommonly large".
Bushrod Washington Bushrod Washington (June 5, 1762 – November 26, 1829) was an American attorney and politician who served as Associate Justice of the Supreme Court of the United States from 1798 to 1829. On the Supreme Court, he was a staunch ally of Ch ...
was the nephew of
George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of ...
, who was at the time of the younger Washington's appointment the immediate past President of the United States and one of the wealthiest men in the country. "About three-fifths of those named to the Supreme Court personally knew the President who nominated them". There have been exceptions to the typical portrait of justices growing up middle class or wealthy. For example, the family of
Sherman Minton Sherman "Shay" Minton (October 20, 1890 – April 9, 1965) was an American politician and jurist who served as a U.S. senator from Indiana and later became an associate justice of the Supreme Court of the United States; he was a member of the ...
went through a period of impoverishment during his childhood, resulting from the disability of his father due to a
heat stroke Heat stroke or heatstroke, also known as sun stroke, is a severe heat illness that results in a body temperature greater than , along with red skin, headache, dizziness, and confusion. Sweating is generally present in exertional heatstroke, ...
. In 2008, seven of the nine sitting justices were millionaires, and the remaining two were close to that level of wealth. Historian
Howard Zinn Howard Zinn (August 24, 1922January 27, 2010) was an American historian, playwright, philosopher, socialist thinker and World War II veteran. He was chair of the history and social sciences department at Spelman College, and a politica ...
, in his 1980 book '' A People's History of the United States'', argues that the justices cannot be neutral in matters between rich and poor, as they are almost always from the upper class. Chief Justice Roberts is the son of an executive with
Bethlehem Steel The Bethlehem Steel Corporation was an American steelmaking company headquartered in Bethlehem, Pennsylvania. For most of the 20th century, it was one of the world's largest steel producing and shipbuilding companies. At the height of its succe ...
; Justice Stevens was born into a wealthy Chicago family; and Justices Kennedy and Breyer both had fathers who were successful attorneys. Justices Alito and Scalia both had educated (and education-minded) parents: Scalia's father was a highly educated college professor and Alito's father was a high school teacher before becoming "a long-time employee of the New Jersey state legislature". Only Justices Thomas and Sotomayor have been regarded as coming from a lower-class background. One authority states that "Thomas grew up in poverty. The Pin Point community he lived in lacked a sewage system and paved roads. Its inhabitants dwelled in destitution and earned but a few cents each day performing manual labor". The depth of Thomas's poverty has been disputed by suggestions of "ample evidence to suggest that Thomas enjoyed, by and large, a middle-class upbringing".


Financial disclosures

Beginning in 1979, the
Ethics in Government Act The Ethics in Government Act of 1978 is a United States federal law that was passed in the wake of the Nixon Watergate scandal and the Saturday Night Massacre. It was intended to fight corruption in government. Summary The Ethics in Governme ...
of 1978 required federal officials, including the justices, to file annual disclosures of their income and assets. These disclosures provide a snapshot into the wealth of the justices, reported within broad ranges, from year to year since 1979. In the first such set of disclosures, only two justices were revealed to be millionaires:
Potter Stewart Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to, among other areas, ...
Melinda Beck et al., "Who Has How Much in Washington", ''
Newsweek ''Newsweek'' is an American weekly online news magazine co-owned 50 percent each by Dev Pragad, its president and CEO, and Johnathan Davis, who has no operational role at ''Newsweek''. Founded as a weekly print magazine in 1933, it was widely ...
'' (May 28, 1979), p. 40. and Lewis F. Powell, with Chief Justice
Warren Burger Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul Colleg ...
coming in third with about $600,000 in holdings. The least wealthy Justice was
Thurgood Marshall Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
. The 1982 report disclosed that newly appointed Justice Sandra Day O'Connor was a millionaire, and the second-wealthiest Justice on the court (after Powell).Barbara Rosewicz, "Millionaires on the bench", ''United Press International'' (May 17, 1982), Washington News. The remaining justices listed assets in the range of tens of thousands to a few hundred-thousand, with the exception of Thurgood Marshall, who "reported no assets or investment income of more than $100". The 1985 report had the justices in relatively the same positions, while the 1992 report had O'Connor as the wealthiest member of the court, with Stevens being the only other millionaire, most other justices reporting assets averaging around a half million dollars, and the two newest justices,
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
and
David Souter David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat ...
, reporting assets of at least $65,000. In 2011, however, it was revealed that Thomas had misstated his income going back to at least 1989. The 2007 report was the first to reflect the holdings of John Roberts and Samuel Alito. Disclosures for that year indicated that Clarence Thomas and Anthony Kennedy were the only justices who were clearly not millionaires, although Thomas was reported to have signed a book deal worth over one million dollars."Justices report 2006 finances", '' AFX News Limited'' (June 8, 2007). Other justices have reported holdings within the following ranges:Ashley Balcerzak and Viveca Novak
"Trump's pick: Gorsuch is respected jurist — and another multimillionaire"
,
OpenSecrets OpenSecrets is a nonprofit organization based in Washington, D.C., that tracks data on campaign finance and lobbying. It was created from a merger of the Center for Responsive Politics (CRP) and the National Institute on Money in Politics (NIMP) ...
(January 31, 2017). The financial disclosures indicate that many of the justices have substantial stock holdings. This, in turn, has affected the business of the court, as these holdings have led justices to recuse themselves from cases, occasionally with substantial impact. For example, in 2008, the recusal of John Roberts in one case, and Samuel Alito in another, resulted in each ending in a 4–4 split, which does not create a binding precedent. The court was unable to decide another case in 2008 because four of the nine justices had conflicts, three arising from stock ownership in affected companies.Court Without a Quorum
", ''The New York Times'' (May 18, 2008), Section WK; Column 0; Editorial Desk; p. 11.


See also

*
Ideological leanings of United States Supreme Court justices The Supreme Court of the United States is the country's highest federal court. Established pursuant to Article Three of the U.S. Constitution in 1789, it has ultimate, and largely discretionary, appellate jurisdiction over all federal courts ...
* List of U.S. Supreme Court justices who also served in the U.S. Congress * List of law schools attended by United States Supreme Court justices *
List of justices of the Supreme Court of the United States The Supreme Court of the United States is the highest-ranking judicial body in the United States. Its membership, as set by the Judiciary Act of 1869, consists of the chief justice of the United States and eight associate justices, any six of ...


Notes


References


Footnotes


Works cited

* * * * * * * * * * * * * *


External links


Religious Affiliation of the U.S. Supreme Court
from Adherents.com

from the Cornell Law School website {{good article Supreme Court of the United States Supreme Court