Swammerdami
Squadron Leader
Will Ms. Jackson sit at Breyer's old desk? Did Breyer sit in the seat of the man he replaced, Harry Blackmun? I don't know but it seemed fun to trace the lineages of the Justices, derived that way. The seat now occupied by Ketanji Brown Jackson -- which I've denoted (c) -- is a particularly illustrious seat in the cause of civil rights, as I've shown by mentioning some of the accomplishments of Justices in that lineage.
I hope that the way I've traced these lineages is self-explanatory. The biggest confusion may be that in 1866 Congress reduced the court size from 10 to 7 (though, waiting for Justices to die or retire it got down to just 8); and just three years later they increased the size back to 9. This was done to prevent President Andrew Johnson from appointing any Justices.
In the olden days, the Senate often confirmed new Justices by acclamation. Ms. Jackson had to listen to lies and rants for a week, then needed three votes, all by the exact same 53-47 margin, to get confirmed. Forty-seven Republican Senators stood up and said "I am a lying racist scumbag." Still, the 3 votes from QOPAnon is what passes for bipartisanship these days. Widdle Baby Rand Paul couldn't filibuster but he delayed his Nay by ten minutes out of spite.
I hope that the way I've traced these lineages is self-explanatory. The biggest confusion may be that in 1866 Congress reduced the court size from 10 to 7 (though, waiting for Justices to die or retire it got down to just 8); and just three years later they increased the size back to 9. This was done to prevent President Andrew Johnson from appointing any Justices.
- Chief Justice
- Jay, John
- Rutledge, John (retired associate justice; recess appt, not confirmed as chief)
- Ellsworth, Oliver
- Marshall, John
- Taney, Roger
- Chase, Salmon
- Waite, Morrison
- Fuller, Melville
- White, Edward (promoted from associate justice)
- Taft, William H.
- Hughes, Charles E. (retired associate justice)
- Stone, Harlan F. (promoted from associate justice)
- Vinson, Fred
- Warren, Earl
- Burger, Warren
- Rehnquist, William (promoted from associate justice)
- Roberts, John
- (b) Inaugural Creation
- Rutledge, John (resigned to serve as chief justice of a S.C. court; later appointed as CJ-Scotus during recess)
- Johnson, Thomas
- Paterson, William
- Livingston, Henry B.
- Thompson, Smith
- Nelson, Samuel
- Hunt, Ward
- Blatchford, Samuel
- White, Edward (later promoted to CJ-Scotus)
- Devanter, Willis Van
- Black, Hugo
- Powell, Lewis
- Kennedy, Anthony
- Kavanaugh, Brett
- (c) Inaugural Creation
- Cushing, William (appointed and confirmed as CJ-Scotus, but declined)
As Massachusetts Chief Justice in Commonwealth of Massachusetts v. Nathaniel Jennison he charged the jury to eliminate slavery. - Story, Joseph
Gave the majority opinion in The United States, Appellants, v. The Libellants and Claimants of the schooner Amistad, her tackle, apparel, and furniture, together with her cargo, and the Africans mentioned and described in the several libels and claims, Appellees. - Woodbury, Levi
Also served as Governor, Senator, Secretary of Treasury, and Secretary of Navy. - Curtis, Benjamin R.
Wrote dissenting opinion in Dred Scott v. John F. A. Sandford, then resigned from the court in exasperation. - Clifford, Nathan
Also served as Attorney General, Representative, Ambassador to Mexico. - Gray, Horace
Wrote majority opinion in United States v. Wong Kim Ark: Wong Kim Ark was born in San Francisco and therefore a citizen of the United States. - Holmes, Oliver W.
One of the greatest legal scholars and progressive thinkers ever, he wrote too many important opinions to list. - Cardozo, Benjamin
Wrote the 5-4 majority opinion in Nixon v. Condon finding Texas' all-white Democratic primary illegal.
Wrote the 5-4 majority opinion in Steward Machine Co. v. Davis giving federal government the power to enforce Social Security. - Frankfurter, Felix
Founded ACLU. Wrote many important opinions, e.g. outlawing anti-Black gerrymandering in Gomillion v. Lightfoot, outlawing hate speech in Beauharnais v. Illinois. - Goldberg, Arthur
Secretary of Labor; Ambassador to the U.N.
Wrote 5-4 majority opinion in Escobedo v. Illinois which gave suspects interrogated by the police the right to counsel. - Fortas, Abe
Wrote 6-3 majority opinion in Epperson v. Arkansas, convincing other justices that public schools must not outlaw the teaching of evolution.
Nominated for Chief Justice, but faced a Republican filibuster. - Blackmun, Harry
Appointed by Nixon, became one of the most important liberal Justices.
Wrote the majority opinion in Roe v. Wade. - Breyer, Stephen
Among other important work, wrote the 5-4 majority decision in Stenberg v. Carhart, thereby striking down Nebraska's anti-abortion law. - Jackson, Ketanji B.
- Cushing, William (appointed and confirmed as CJ-Scotus, but declined)
- (d) Inaugural Creation
- Wilson, James
- Washington, Bushrod
- Baldwin, Henry
- Grier, Robert C.
- Strong, William
- Woods, William B.
- Lamar, Lucius Q.C.
- Jackson, Howell
- Peckham, Rufus W.
- Lurton, Horace H.
- McReynolds, James C.
- Byrnes, James
- Rutledge, Wiley
- Minton, Sherman
- Brennan, William
- Souter, David
- Sotomayor, Sonia
- (e) Inaugural Creation
- Blair, John
- Chase, Samuel
- Duvall, Gabriel
- Barbour, Philip
- Daniel, Peter V.
- Miller, Samuel F.
- Brown, Henry B.
- Moody, William H.
- Lamar, Joseph R.
- Brandeis, Louis
- Douglas, William O.
- Stevens, John P.
- Kagan, Elena
- (f) Inaugural Creation
- Iredell, James
- Moore, Alfred
- Johnson, William
- Wayne, James
- The Judicial Circuits Act of 1866 reduced the court size (by attrition) to 7
- (g) The Seventh Circuit Act of 1807 increased the court size to 7
- Todd, Thomas
- Trimble, Robert
- McLean, John
- Swayne, Noah H.
- Matthews, Stanley
- Brewer, David
- Hughes, Charles E. (resigned to run for Pres.; later served as CJ-Scotus)
- Clarke, John
- Sutherland, George
- Reed, Stanley
- Whittaker, Charles
- White, Byron
- Ginsburg, Ruth B.
- Barrett, Amy
- (h) The Eighth and Ninth Circuits Act of 1837 increased the court size to 9
- Catron, John
- The Judicial Circuits Act of 1866 reduced the court size (by attrition) to 7
- (i) The Eighth and Ninth Circuits Act of 1837 increased the court size to 9
- McKinley, John
- Campbell, John A.
- Davis, David
- Harlan, John M.
- Pitney, Mahlon
- Sanford, Edward T.
- Roberts, Owen
- Burton, Harold
- Stewart, Potter
- O'Connorm Sandra D,
- Alito, Samuel
- (j) The Tenth Circuit Act of 1863 increased the court size to 10
- Field, Stephen J.
- McKenna, Joseph
- Stone, Harlan F. (later promoted to CJ-Scotus)
- Jackson, Robert
- Harlan II, John M.
- Rehnquist, William (later promoted to CJ-Scotus)
- Scalia, Antonin
- Gorsuch, Neil
- (k) The Judiciary Act of 1869 increased the court size to 9
- Bradley, Joseph P.
- Shiras, George
- Day, William
- Butler, Pierce
- Murphy, Frank
- Clark, Tom
- Marshall, Thurgood
- Thomas, Clarence
In the olden days, the Senate often confirmed new Justices by acclamation. Ms. Jackson had to listen to lies and rants for a week, then needed three votes, all by the exact same 53-47 margin, to get confirmed. Forty-seven Republican Senators stood up and said "I am a lying racist scumbag." Still, the 3 votes from QOPAnon is what passes for bipartisanship these days. Widdle Baby Rand Paul couldn't filibuster but he delayed his Nay by ten minutes out of spite.
