List of United States Supreme Court Justices who also served in Congress

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James Moore Wayne was the only sitting member of the United States House of Representatives to be appointed to the United States Supreme Court.

Following is a list of people who have served in both the United States Congress and the United States Supreme Court. Six Justices were sitting members of the United States Senate at the time of their appointment,[1][2] while one was a sitting member of the House of Representatives.[3] Several others had previously served in the Senate, and many more had previously served in the House of Representatives. One Justice resigned from the Supreme Court to serve in the United States Senate.

Only one sitting Senator, George Edmund Badger, has been nominated unsuccessfully, by President Millard Fillmore in 1853.

Senators[edit]

Sitting senators[edit]

Officeholder State Began
Senate
service
Ended
Senate
service
Appointed by Began
Court
service
Ended
Court
service
Black, HugoHugo Black Alabama 1927 1937 F.D. Roosevelt 1937 1971
Burton, Harold HitzHarold Hitz Burton Ohio 1941 1945 Truman 1945 1958
Byrnes, James F.James F. Byrnes[4] South Carolina 1931 1941 F.D. Roosevelt 1941 1942
Ellsworth, OliverOliver Ellsworth Connecticut 1789 1796 Washington 1796 1800
White, Edward DouglassEdward Douglass White Louisiana 1891 1894 Cleveland 1894 1921
Woodbury, LeviLevi Woodbury New Hampshire 1825
1841
1831
1845
Polk 1845 1851

Former senators[edit]

Officeholder State Began
Senate
service
Ended
Senate
service
Appointed by Began
Court
service
Ended
Court
service
Notes
Jackson, Howell EdmundsHowell Edmunds Jackson Tennessee 1881 1886 B. Harrison 1893 1895 Jackson was elevated from the U.S. Court of Appeals for the 6th Circuit, to which he had been appointed as a sitting Senator by President Grover Cleveland.
Lucius Quintus
Cincinnatus Lamar (II)
[4]
Mississippi 1877 1885 Cleveland 1888 1893 Lamar was Secretary of the Interior at the time of his appointment.
Chase, Salmon P.Salmon P. Chase Ohio 1849
1861
1855
1861
Lincoln 1864 1873 Chase was Secretary of the Treasury at the time of his appointment.
Matthews, StanleyStanley Matthews Ohio 1877 1879 Garfield 1881 1889 Matthews had been previously nominated to the Court by Rutherford B. Hayes, but was not confirmed.
McKinley, JohnJohn McKinley[5] Alabama 1826
1837
1831
1837
Van Buren 1838 1852 McKinley was nominated to the Supreme Court only months after resigning from the Senate.
Minton, ShermanSherman Minton Indiana 1935 1941 Truman 1949 1956 Minton was elevated from the U.S. Court of Appeals for the 7th Circuit.
Sutherland, GeorgeGeorge Sutherland[4] Utah 1905 1917 Harding 1922 1938 Sutherland was in private practice at the time of his appointment.
Paterson, WilliamWilliam Paterson New Jersey 1789 1790 Washington 1793 1806 Paterson was Governor of New Jersey at the time of his appointment to the Court.

Former justice[edit]

A small number of Justices have resigned from the Supreme Court to seek or hold other political offices, but only one Justice has resigned from the Court to serve in the United States Congress.

Officeholder Appointed by Began
Court
service
Ended
Court
service
State Began
Senate
service
Ended
Senate
service
David Davis Lincoln 1862 1877 Illinois 1877 1883

Representatives[edit]

Officeholder District Began
congressional
service
Ended
congressional
service
Appointed by Began
Court
service
Ended
Court
service
Notes
Baldwin, HenryHenry Baldwin PA-14 || 1817 || 1822 || Jackson || 1830 || 1844 || Baldwin was not in public office at the time of his appointment.
Barbour, Philip PendletonPhilip Pendleton Barbour VA-11 || 1814
1827 || 1825
1830 || Jackson || 1836 || 1841 || Barbour was a Judge of the U.S. District Court for the Eastern District of Virginia at the time of his appointment.
Byrnes, James F.James F. Byrnes[4] SC-2 || 1911 || 1925 || F.D.Roosevelt || 1941 || 1942 || Byrnes was a sitting senator at the time of his appointment.
Clifford, NathanNathan Clifford ME-1 || 1839 || 1843 || Buchanan || 1858 || 1881 || Clifford was not in public office at the time of his appointment.
Duvall, GabrielGabriel Duvall MD-2 || 1794 || 1796 || Madison || 1811 || 1835 || Duvall was First Comptroller of the U.S. Treasury at the time of his appointment.
Lamar, Lucius Quintus CincinnatusLucius Quintus Cincinnatus Lamar[4] MS-1 || 1857
1873 || 1860
1877 || Cleveland || 1888 || 1893 || Lamar was Secretary of the Interior at the time of his appointment.
Marshall, JohnJohn Marshall VA-13 || 1799 || 1800 || J. Adams || 1801 || 1835 || Marshall was named U.S. Secretary of State while serving his elected term in Congress, and was appointed to the Court from that office.
McKenna, JosephJoseph McKenna CA-3 || 1885 || 1891 || McKinley || 1898 || 1925 || McKenna was U.S. Attorney General at the time of his appointment.
McKinley, JohnJohn McKinley[5] AL-2 || 1833 || 1835 || Van Buren || 1838 || 1852 || McKinley was nominated to the Supreme Court several months after resigning from the United States Senate.
McLean, JohnJohn McLean OH-1 || 1813 || 1816 || Jackson || 1830 || 1861 || McLean was United States Postmaster General at the time of his appointment.
Moody, William HenryWilliam Henry Moody MA-6 || 1895 || 1902 || T. Roosevelt || 1906 || 1910 || Moody was U.S. Attorney General at the time of his appointment.
Mahlon Pitney NJ-4 || 1895 || 1899 || Taft || 1912 || 1922 || Pitney was not in public office at the time of his appointment.
Joseph Story MA-2 || 1808 || 1809 || Madison || 1812 || 1845 || Story was a member of the Massachusetts House of Representatives at the time of his appointment.
William Strong PA-9 || 1847 || 1851 || Grant || 1870 || 1880 || Strong was in private practice at the time of his appointment, having recently resigned from the Supreme Court of Pennsylvania.
George Sutherland[4] UT-1 || 1901 || 1903 || Harding || 1922 || 1938 || Sutherland was in private practice at the time of his appointment.
Fred M. Vinson KY-9 || 1924
1931
1933 || 1929
1933
1938 || Truman || 1946 || 1953 || Vinson was Secretary of the Treasury at the time of his appointment.
James Moore Wayne GA-AL || 1829 || 1835 || Jackson || 1835 || 1867 || Wayne is the only siting representative ever appointed to the Court.

References[edit]

  1. ^ O'Brien (2003). Storm Center. p. 46. 
  2. ^ U.S. Senate, Senators Who Served on the U.S. Supreme Court (accessed May 12, 2009).
  3. ^ U.S. Congress, House Members Who Became Members of the U.S. Supreme Court (accessed May 12, 2009).
  4. ^ a b c d e f Served in the House of Representatives before serving in the Senate.
  5. ^ a b Served in the Senate both before and after serving in the House of Representatives.

See also[edit]