Alternative History

The Supreme Court of the United States is the highest-ranking judicial body and highest court in the United States. The 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 whom constitute a quorum. Article II, Section 2, Clause 2 of the Constitution grants plenary power to the President of the United States to nominate, and with the advice and consent of the United States Senate, appoint justices to the Supreme Court; justices have life tenure.

Background[]

Supreme Court room

The Supreme Court was established by Article III of the United States Constitution, which stipulates that the "judicial power of the United States, shall be vested in one Supreme Court," and was organized by the 1st United States Congress. Through the Judiciary Act of 1789, Congress specified the Court's original and appellate jurisdiction, created thirteen judicial districts, and fixed the number of justices at six (one chief justice and five associate justices).

Since 1789, Congress has occasionally altered the size of the Supreme Court, historically in response to the country's own expansion in size. An 1801 act would have decreased the Court's size to five members upon its next vacancy. However, an 1802 act negated the effects of the 1801 act upon the Court before any such vacancy occurred, maintaining the Court's size at six members. Later legislation increased its size to seven members in 1807, to nine in 1837, and to ten in 1863. An 1866 act was to have reduced the Court's size from ten members to seven upon its next three vacancies, and two vacancies did occur during this period. However, before a third vacancy occurred, the Judiciary Act of 1869 intervened, restoring the Court's size to nine members, where it has remained ever since.

While the justices of the Supreme Court are appointed for life, many have retired or resigned. Beginning in the early 20th century, many justices who left the Court voluntarily did so by retiring from the Court without leaving the federal judiciary altogether. A retired justice, according to the United States Code, is no longer a member of the Supreme Court, but remains eligible to serve by designation as a judge of a U.S. Court of Appeals or District Court, and many retired justices have served in these capacities. Historically, the average length of service on the Court has been less than 15 years. However, since 1970 the average length of service has increased to about 26 years.

List of justices since Dwight D. Eisenhower[]

Since the Supreme Court was established in 1789, 116 individuals have served on the Court. The length of service on the Court for the 107 former justices ranges from William O. Douglas' 36 years, 209 days to John Rutledge's 1 year, 18 days as associate justice and, separated by a period of years off the Court, his 138 days as chief justice. Seven individuals, who were confirmed for associate justice, were later appointed chief justice separately: John Rutledge, Edward Douglass White, Charles Evans Hughes, Harlan F. Stone, William Rehnquist, Ruth Bader Ginsburg, and Robert L. Wilkins. While listed twice, each of them has been assigned only one index number. There have also been five African American justices, eight female justices, and two Hispanic justices; including one female Chief Justice and one African American Chief Justice. The justices of the Supreme Court since President Dwight D. Eisenhower are:

Justice State Position Succeeded Seat Senate Confirmation Vote Tenure Tenure Length Age At Start Date Age At End Date (Or Current Date For Incumbents) Prior Position Appointed By
88
Earl Warren
(1891-1974)
CA Chief
Justice
Vinson Chief Justice (Acclamation) October 5, 1953June 23, 1969

(Retired)

15 years, 261 days 62 78 30th Governor of California
(1943-1953)
Dwight D. Eisenhower
89
John Marshall Harlan II
(1899-1971)
NY Associate
Justice
R. Jackson 9th 71-11 March 28, 1955September 23, 1971

(Retired)

16 years, 179 days 55 72 Judge of the United States Court of Appeals for the Second Circuit
(1954-1955)
90
William J. Brennan Jr.
(1906-1997)
NJ Associate
Justice
Minton 3rd (Acclamation) October 16, 1956July 20, 1990

(Retired)

33 years, 277 days 50 84 Associate Justice of the Supreme Court of New Jersey
(1951-1956)
91
Charles Evans Whittaker
(1901-1973)
MO Associate
Justice
Reed 6th (Acclamation) March 25, 1957March 31, 1962

(Retired)

5 years, 6 days 56 61 Judge of the United States Court of Appeals for the Eighth Circuit
(1956-1957)
92
Potter Stewart
(1915-1985)
OH Associate
Justice
Burton 8th 70-17 October 14, 1958July 3, 1981

(Retired)

22 years, 262 days 43 66 Judge of the United States Court of Appeals for the Sixth Circuit
(1954-1958)
93
Byron White
(1917-2002)
CO Associate
Justice
Whittaker 6th (Acclamation) April 16, 1962June 28, 1993 (Retired) 31 years, 73 days 44 76 4th United States Deputy Attorney General
(1961-1962)
John F. Kennedy
94
Arthur Goldberg
(1908-1990)
IL Associate
Justice
Frankfurter 2nd (Acclamation) October 1, 1962July 25, 1965 (Resigned) 2 years, 297 days 54 56 9th United States Secretary of Labor
(1961-1962)
95
Abe Fortas
(1910-1982)
TN Associate
Justice
Goldberg 2nd (Acclamation) October 4, 1965May 14, 1969 (Resigned) 3 years, 222 days 55 58 United States Under Secretary of the Interior
(1942-1943, 1944-1946)
Lyndon B. Johnson
96
Thurgood Marshall
(1908-1993)
NY Associate
Justice
Clark 10th 69-11 October 2, 1967October 1, 1991 (Retired) 23 years, 364 days 59 83 32nd Solicitor General of the United States
(1965-1967)
97
Warren E. Burger
(1907-1995)
VA Chief
Justice
Warren Chief Justice 74-3 June 23, 1969September 26, 1986

(Retired)

17 years, 95 days 61 79 Judge of the United States Court of Appeals for the District of Columbia Circuit
(1956-1969)
Richard Nixon
98
Harry Blackmun
(1908-1999)
MN Associate
Justice
Fortas 2nd 94-0 June 9, 1970August 3, 1994

(Retired)

24 years, 55 days 61 85 Judge of the United States Court of Appeals for the Eighth Circuit
(1959-1970)
99
Lewis F. Powell Jr.
(1907-1998)
VA Associate
Justice
Black 1st 89-1 January 7, 1972June 26, 1987(Retired) 15 years, 170 days 64 79 Chairman of Virginia State Board of Education
(1968-1969)
100
William Rehnquist
(1924-2005)
AZ Associate
Justice
J. M. Harlan II 9th 68-26 January 7, 1972September 26, 1986

(Continued as Chief Justice)

14 years, 262 days 47 61 United States Assistant Attorney General for the Office of Legal Counsel
(1969-1971)
101
John Paul Stevens
(1920-2019)
IL Associate
Justice
Douglas 4th 98-0 December 19, 1975June 29, 2001(Retired) 25 years, 192 days 55 81 Judge of the United States Court of Appeals for the Seventh Circuit
(1970-1975)
Gerald Ford
102
Sandra Day O'Connor
(1930-2023)
AZ Associate
Justice
Stewart 8th 99-0 September 25, 1981-June 30, 2009(Retired) 27 years, 278 days 51 79 Judge of the Arizona Court of Appeals
(1979-1981)
Ronald Reagan
100
William Rehnquist
(1924-2005)
VA Chief
Justice
Burger Chief Justice 65-33 September 26, 1986September 3, 2005(Died) 18 years, 342 days 61 80 Associate Justice of the Supreme Court of the United States
(1972-1986)
103
Antonin Scalia
(1936-2016)
VA Associate
Justice
Rehnquist 9th 98-0 September 26, 1986February 13, 2016 (Died) 29 years, 140 days 50 79 Judge of the United States Court of Appeals for the District of Columbia Circuit
(1982-1986)
104
Anthony Kennedy
(b. 1936)
CA Associate
Justice
Powell 1st 97-0 February 18, 1988June 30, 2010(Retired) 22 years, 132 days 51 73 Judge of the United States Court of Appeals for the Ninth Circuit
(1975-1988)
105
David Souter
(b. 1939)
NH Associate
Justice
Brennan 3rd 90-9 October 9, 1990June 29, 2013 (Retired) 22 years, 263 days 51 73 Judge of the United States Court of Appeals for the First Circuit
(1990)
George H. W. Bush
106
Clarence Thomas
(b. 1948)
GA Associate
Justice
T. Marshall 10th 52-48 October 23, 1991–Incumbent 33 years, 182 days 43 76 Judge of the United States Court of Appeals for the District of Columbia Circuit
(1990-1991)
107
Ruth Bader Ginsburg
(1933-2020)
NY Associate
Justice
B. White 6th 96-3 August 10, 1993October 1, 2005 (Continued as Chief Justice) 12 years, 52 days 60 72 Judge of the United States Court of Appeals for the District of Columbia Circuit
(1980-1993)
Bill Clinton
108
Stephen Breyer
(b. 1938)
MA Associate
Justice
Blackmun 2nd 87-9 August 3, 1994June 30, 2022 (Retired) 27 years, 331 days 55 83 Chief Judge of the United States Court of Appeals for the First Circuit
(1990-1994)
109
Diane Wood
(b. 1950)
IL Associate
Justice
Stevens 4th 61-35 August 8, 2001–Incumbent 23 years, 258 days 51 74 Judge of the United States Court of Appeals for the Seventh Circuit
(1995-2001)
Al Gore
107
Ruth Bader Ginsburg
(1933-2020)
NY Chief Justice Rehnquist Chief Justice 100-0 October 1, 2005-August 24, 2018(Retired) 12 years, 327 days 72 85 Associate Justice of the Supreme Court of the United States
(1993-2005)
110
Sonia Sotomayor
(b. 1954)
NY Associate
Justice
Ginsburg 6th 62-38 October 1, 2005–Incumbent 19 years, 204 days 51 70 Judge of the United States Court of Appeals for the Second Circuit
(1998-2005)
111
Consuelo Callahan
(b. 1950)
CA Associate
Justice
O'Connor 8th 74-26 August 7, 2009-Incumbent 15 years, 259 days 59 74 Judge of the United States Court of Appeals for the Ninth Circuit
(2009)
John McCain
112
John Roberts
(b. 1955)
MD Associate
Justice
Kennedy 1st 78-22 June 30, 2010-Incumbent 14 years, 297 days 55 70 Judge of the United States Court of Appeals for the District of Columbia Circuit
(2009-2010)
113
Elena Kagan
(b. 1960)
MA Associate
Justice
Souter 3rd 67-33 August 10, 2013–Incumbent 11 years, 256 days 53 64 Judge of the United States Court of Appeals for the First Circuit
(2006-2013)
Hillary Clinton
114
Robert L. Wilkins
(b. 1963)
DC Associate
Justice
Scalia 9th 57-43 June 27, 2016-August 24, 2018 (Continued as Chief Justice) 2 years, 58 days 52 54 Judge of the United States Court of Appeals for the District of Columbia Circuit
(2014-2016)
114
Robert L. Wilkins
(b. 1963)
DC Chief Justice Ginsburg Chief Justice 75-29 August 24, 2018–Incumbent 6 years, 242 days 54 61 Associate Justice of the Supreme Court of the United States
(2016-2018)
115
Ketanji Brown Jackson
(b. 1970)
DC Associate
Justice
Wilkins 9th 58-46 August 24, 2018-Incumbent 6 years, 242 days 47 54 Judge of the United States Court of Appeals for the District of Columbia Circuit
(2013-2018)
116
Leondra Kruger
(b. 1976)
CA Associate Justice Breyer 2nd 67-35 June 30, 2022–Incumbent 2 years, 297 days 45 48 Associate Justice of the Supreme Court of California
(2015-2022)
Barack Obama