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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, ethnic, religious, geographic, and economic backgrounds of the 111 Justices appointed to the Supreme Court. Certain 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 male Protestants.[1] Prior to the twentieth century, a few Roman Catholics were appointed, but concerns about diversity of 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.[2] The 20th century saw the first appointment of a Jewish justice (in 1916), an African-American (1967) and a woman (1981). The 21st century saw the first appointment of a Hispanic justice (in 2009).

In spite of the interest in the Court's demographics and the symbolism accompanying the inevitably political appointment process,[3], and the views of some commentators that no demographic considerations should arise in the selection process,[4][5] the gender, race, educational background or religious views of the Justices has played little role in their jurisprudence. For example, the two African-American Justices had similar personal backgrounds at the time of their appointments, yet their opinions 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 no particular "female perspective" can be discerned from their opinions.[6]

Geographic background

For most of the existence of the Court, geographic diversity has been a key concern of presidents in choosing Justices to appoint.[2] 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.[7] George Washington was careful to make appointments "with no two justices serving at the same time hailing from the same state".[8] Abraham Lincoln broke with this tradition during the Civil War,[7] and "by the late 1880s presidents disregarded it with increasing frequency".[9]

Although the importance of regionalism declined, it still arose from time to time. For example, in appointing Benjamin Cardozo 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.[10] David M. O'Brien notes that "[f]rom the appointment of John Rutledge from South Carolina in 1789 until the retirement of Hugo Black [from Alabama] in 1971, with the exception of the Reconstruction 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."[11] 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 to make his 1910 appointment of Willis Van Devanter of Wyoming.[12]

David Josiah Brewer was born to missionary parents in Smyrna, Asia Minor, (now İzmir, Turkey).

However, geographic balance has not been raised as a concern since the 1970s, when Nixon attempted to employ a "Southern strategy", hoping to secure support from Southern states by nominating judges from the region.[1] Nixon unsuccessfully nominated Southerners Clement Haynsworth of South Carolina and G. Harrold Carswell of Georgia, before finally succeeding with the nomination of Harry Blackmun of Minnesota.[13]

As of 2009, 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.. The remaining four Justices come from Illinois, Georgia, and two from California. There is some dispute, however, in determining which state a Justice may be from. Because many nominees are appointed Judges who live in districts other than their hometown or home state, geographic diversity has become harder to calculate. Chief Justice John Roberts, for example, was born in New York, but moved to Indiana at the age of five, where he grew up. After law school, Roberts worked in Washington, D.C. while living in Maryland. Thus, three states may claim that he is a Justice from that state.

Despite the efforts to achieve geographic balance, nineteen states have never produced a Supreme Court Justice. Some states have been over-represented (although partly because there were fewer states from which early Justices could be appointed), with New York producing fourteen Justices, Ohio producing ten, Massachusetts nine, Virginia eight, six each from Pennsylvania and Tennessee, and five from Kentucky, Maryland, and New Jersey.[13] A handful of Justices were born outside the United States, mostly from among the earliest Justices on the Court. These included James Wilson, born in Fife, Scotland; James Iredell, born in Lewes, England; and William Paterson, born in County Antrim, Ireland. Justice David Josiah Brewer was born farthest from the U.S., in Smyrna, Asia Minor, (now İzmir, Turkey). George Sutherland was born in Buckinghamshire, England. The last foreign-born Justice was Felix Frankfurter, born in Vienna, Austria. It should be noted that the Constitution imposes no citizenship requirement on federal judges.

Ethnicity

Thurgood Marshall, the first African-American Justice.

All U.S. Supreme Court Justices were Caucasians of European heritage until the appointment of Thurgood Marshall, the first African-American Justice, in 1967. Since then, only two other non-white Justices have been appointed, Marshall's African-American successor, Clarence Thomas, and Hispanic Justice Sonia Sotomayor. Of the 111 Justices, 108 (97.3%) have been white.

White Justices

The vast majority of white Justices have been of Northern European and Western European descent. Up to the 1980s, only six Justices of "central, eastern, or southern European derivation" had been appointed, of which five "were of Germanic background, which includes Austrian, German-Bohemian, and Swiss origins (John Catron, Samuel F. Miller, Louis Brandeis, Felix Frankfurter, and Warren Burger), while one justice was of Iberian descent (Benjamin N. Cardozo)."[14] Justice Antonin Scalia (appointed in 1986) and Justice Samuel Alito (appointed in 2006) are the first Justices of Italian descent to be appointed to the Supreme Court. Cardozo, appointed to the Court in 1932, was the first Justice known to have non-northern European ancestry.

African-American Justices

The first African-American appointed to the Court was Thurgood Marshall, appointed by Lyndon B. Johnson in 1967. The second was Clarence Thomas, appointed by George H. W. Bush to succeed Marshall in 1991.

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 as an Associate Justice by a Senate vote of 69-11 on August 31, 1967.[15] Johnson confidently predicted to one biographer, Doris Kearns Goodwin, 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).[16]

Bush initially wanted to nominate Thomas to replace William Brennan, who stepped down in 1990, but he then decided that Thomas had not yet had enough experience as a judge after only months on the federal bench.[17] Bush therefore nominated New Hampshire Supreme Court judge David Souter instead.[17] The selection of Thomas to instead replace Marshall preserved the existing racial composition of the court.

No African-American candidate was given serious consideration for appointment to the Supreme Court until the election of John F. Kennedy, who weighed the possibility of appointing William H. Hastie of the United States Court of Appeals for the Third Circuit.[18] Hastie had been the first African-American elevated to a Court of Appeals when Harry S. Truman 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.[19] That Kennedy gave serious consideration to making this appointment "represented the first time in American history that an African American was an actual contender for the high court".[18]

Hispanic and Latino Justices

Sonia Sotomayor, the first Hispanic justice.

The words "Latino" and "Hispanic" are sometimes given distinct meanings, with "Latino" referring to persons of Latin American descent, and "Hispanic" referring to persons having an ancestry, language or culture traceable to Spain or to the Iberian Peninsula as a whole, although the term "Lusitanic" usually refers to persons of Portuguese decent.

Sonia Sotomayor, nominated by President Barack Obama on May 26, 2009, and sworn in on August 8th, is the first Supreme Court Justice of Latin American descent. Born in New York City of Puerto Rican parents, she has been known to refer to herself as a "Nuyorican". While Sonia Sotomayor has also been touted as the first Hispanic justice, other sources report that this distinction belongs to former Justice Benjamin N. Cardozo.

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",[20] and that Emilio M. Garza (considered for the vacancy eventually given to Clarence Thomas[21]) was the first Hispanic judge for whom such an appointment was contemplated.[22] Subsequently, Bill Clinton 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.[23][24] The possibility of a Hispanic Justice returned during the George W. Bush Presidency, with various reports suggesting that Emilio Garza,[25] Alberto Gonzalez,[26] and Consuelo M. Callahan[27] 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.[28] In 2009, Obama appointed Sonia Sotomayor, a woman of Puerto Rican descent, to be the first unequivocally Hispanic Justice.[29] Both the National Association of Latino Elected and Appointed Officials and the Hispanic National Bar Association count Sotomayor as the first Hispanic justice.[30][31]

Some historians contend that Cardozo, a Sephardic Jew believed to be of distant Portuguese descent,[32] should also be counted as the first Hispanic Justice.[1] Schmidhauser wrote in 1979 that "[a]mong the large ethnic groupings of European origin which have never been represented upon the Supreme Court are the Italians, Southern Slavs, and Hispanic Americans".[14] 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". The Dictionary of Latino Civil Rights History also lists Cardozo as "the first Hispanic named to the Supreme Court of the United States".[33]

The nomination of Sonia Sotomayor, widely described in media accounts as the first Hispanic nominee, drew more attention to the question of Cardozo's ethnicity.[30][31][34][35] 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."[30] However, "no one has ever firmly established that the family's roots were, in fact, in Portugal". [36] It has also been asserted that Cardozo himself "confessed in 1937 that his family preserved neither the Spanish language nor Iberian cultural traditions".[37] By contrast, Cardozo was noted to have made his own translations of authoritative legal works written in French and German.[38]

In addition to Schmidhauser's assessment, the National Hispanic Center for Advanced Studies and Policy Analysis wrote in 1982 that the Supreme Court "has never had an Hispanic Justice",[39] and the Hispanic American Almanac similarly reported in 1996 that "no Hispanic has yet sat on the U.S. Supreme Court".[40]

Public opinion on ethnic diversity

Public opinion about ethnic diversity on the court "varies widely depending on the poll question's wording".[6] 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% agreeing with that sentiment, and with 77% agreeing that "race should never be a factor in choosing Supreme Court justices".[6]

Gender

File:O'connor, Sandra.jpg
Sandra Day O'Connor, the first female Justice.

Of the 111 Justices, 108 (97.3%) have been men. All U.S. Supreme Court Justices were males until 1981, when Ronald Reagan fulfilled his 1980 campaign promise to place a woman on the Court,[41] which he did with the appointment of Sandra Day O'Connor. O'Connor was later joined on the Court by Ruth Bader Ginsburg, appointed by Bill Clinton in 1993. After O'Connor retired in 2006, Ginsburg would be joined by Sonia Sotomayor, who was successfully appointed to the Court in 2009 by Barack Obama. The only other woman to be nominated to the Court was Harriet Miers, whose nomination to succeed O'Connor by George W. Bush was withdrawn under fire.

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 encouraged Herbert Hoover to consider Ohio justice Florence E. Allen or assistant attorney general Mabel Walker Willebrandt.[42] Franklin Delano Roosevelt later appointed Allen to the United States Court of Appeals for the Sixth Circuit - making her "one of the highest ranking female jurists in the world at that time",[43] but neither he nor his successors gave strong consideration to female candidates for the Court. Harry Truman 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.[43]

President Richard Nixon named Mildred Lillie, then serving on an Second District Court of Appeal of California, as a potential nominee to fill one of two vacancies on the Court in 1971.[41] However, Lillie was quickly deemed unqualified by the American Bar Association, and no formal proceedings were ever set with respect to her potential nomination. Lewis Powell and William Rehnquist were then successfully nominated to fill those vacancies.

Public opinion on gender diversity

In 1991, a poll found that 53% of Americans felt it "important that there always be at least one woman" on the Court.[6] 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.[6] In May 2009, President Barack Obama nominated a woman, Sonia Sotomayor, to replace retiring Justice David Souter. Sotomayor was confirmed in August 2009, again placing two women on the Court.

Marital status and sexual orientation

All but a handful of Supreme Court Justices have been married, the only bachelors being Frank Murphy, Benjamin Cardozo, James McReynolds, and David Souter,[44] and the only unmarried woman being Sonia Sotomayor, who had divorced in 1983.[44] On the opposite end, William O. Douglas was the first Justice to divorce while on the Court, and also had the most wives of any Justice, with four.[44]

With regards to sexual orientation, no Supreme Court Justice has been identified as other than heterosexual. G. Harrold Carswell, who was unsuccessfully nominated by Richard Nixon in 1970, was later arrested and convicted in 1976 of battery for making an "unnatural and lascivious" advance to an undercover police officer in a Florida men's room.[45] Some therefore claim him as the first (and, thus far, only) homosexual or bisexual nominated to the Court.[46][47] Nixon's White House Counsel, John Dean later wrote of Carswell that "[w]hile Richard Nixon was always looking for historical firsts, nominating a homosexual to the high court would not have been on his list".[47]

Speculation has been recorded about the sexual orientation of a few Justices who were lifelong bachelors. Benjamin Cardozo led a celibate life, and the fact that he was unmarried and was personally tutored by the writer Horatio Alger (who had been accused of inappropriate sexual relations with young boys) led some of Cardozo's biographers to insinuate that Cardozo was a homosexual, but no real evidence exists to corroborate this possibility. Constitutional law scholar Jeffrey Rosen noted in a New York Times Book Review of Richard Polenberg'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.[48]

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".[49] Judge Learned Hand is quoted in the book as saying about Cardozo: "He [had] no trace of homosexuality anyway".[50] Similar speculation has been directed at Justice Frank Murphy:

Throughout his tenure on the Court, Justice Murphy shared a hotel suite at the Hotel Washington with Edward Kemp. Murphy and Kemp first met while undergraduates at the University of Michigan, and they subsequently attended law school at Michigan. After studying abroad in England, the two men returned to the United States and Kemp began a lifelong career as Murphy's personal assistant and political adviser. It has been suggested... that Kemp and Murphy were possibly romantically and emotionally linked.[51]

More recently, when David Souter was nominated to the Court, "conservative groups expressed concern to the White House... that the president's bachelor nominee might conceivably be a homosexual".[52] However, no evidence has ever surfaced regarding Souter's sexual orientation.

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 112 Justices who have been appointed to the court, 91 have been from various Protestant denominations, 13 have been Catholics (one other Justice, Sherman Minton, converted to Catholicism after leaving the Court) and seven have been Jewish. Three of the 17 Chief Justices have been Catholics, and one Jewish Justice, Abe Fortas, was unsuccessfully nominated to be Chief Justice.

Protestant Justices

Most Supreme Court Justices have been from various Protestant denominations, and these have included 33 Episcopalians, 18 Presbyterians, nine Unitarians, five Methodists, three Baptists, and lone representatives of various other denominations.[53] William Rehnquist was the Court's only Lutheran; Noah Swayne was a Quaker. Some 15 Protestant Justices did not adhere to a particular denomination, and at least one, David Davis, was not a member of any church. Notably, the Baptist church and other evangelical churches have been underrepresented on the Court, relative to the population of the United States. So-called mainline Protestant churches have been overrepresented.

Roman Catholic Justices

Roger B. Taney, the first Roman Catholic Justice.

The first Roman Catholic Justice, Roger B. Taney, was appointed Chief Justice in 1836 by Andrew Jackson. The second, Edward Douglass White, 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 "Catholic seat" on the court.[54]

Other Catholic Justices included Pierce Butler (appointed 1923) and Frank Murphy (appointed 1940). Some accounts note that Sherman Minton, appointed in 1949, was also a Catholic, but he did not join the Catholic faith until 1961 - having already retired from the court in 1956.[55] Minton was succeeded by a Catholic, however, when President Eisenhower appointed William J. Brennan to that seat. In fact, Eisenhower intently sought to appoint a Catholic 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 Cardinal Francis Spellman of the Archdiocese of New York to make such an appointment.[56] Brennan was then the lone Catholic Justice until the appointment of Antonin Scalia in 1986, and Anthony Kennedy 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 Roman Catholic seminary,[57] 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 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, was raised as a Roman 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, and are a matter of intense public scrutiny.[58] That the majority of the Court is now Catholic, and that the appointment of Catholics has become accepted, represents an historical 'sea change.' It has fostered accusations that the court has become "a Catholic boys club" (particularly as the Catholics chosen tend to be politically conservative) and calls for non-Catholics to be nominated.[59]

In May 2009, President Barack Obama nominated a Catholic woman, Sonia Sotomayor, to replace retiring Justice David Souter.[60] Her confirmation raised the number of Catholics on the Court to six, compared to three non-Catholics. Click "show" in the first column below to see a complete table of Roman Catholic Justices.

Sonia SotomayorSamuel AlitoJohn G. RobertsClarence ThomasAnthony KennedyAntonin ScaliaWilliam J. Brennan, JrSherman MintonFrank MurphyPierce Butler (justice)Joseph McKennaEdward Douglass WhiteRoger B. Taney

Jewish Justices

Louis Brandeis, the first Jewish Justice.

In 1853, President Millard Fillmore offered to appoint Louisiana Senator Judah P. Benjamin to be the first Jewish Justice, and the New York Times 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 the first Jewish American to hold a cabinet post as Secretary of State for the Confederacy during the Civil War. The first Jewish nominee, Louis Brandeis, was appointed in 1916, after a tumultuous hearing process. The 1932 appointment of Benjamin Cardozo 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.[63]

Brandeis was succeeded by Protestant William O. Douglas, but Cardozo was succeeded by another Jewish Justice, Felix Frankfurter. Negative reaction to the appointment of the early Jewish Justices did not exclusively come from outside the Court. Justice James Clark McReynolds, 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, exclaiming "My God, another Jew on the Court!"[64]

Frankfurter was followed by Arthur Goldberg and Abe Fortas, 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 (unrelated to Douglas Ginsburg) was appointed to replace Byron White. Ginsburg was followed in relatively quick succession by the appointment of Stephen Breyer, who is also Jewish, in 1994 to replace Harry Blackmun. Click "show" in the first column below to see a complete table of Jewish Justices.

Stephen BreyerRuth Bader GinsburgAbe FortasArthur GoldbergFelix FrankfurterBenjamin N. CardozoLouis Brandeis

The shift to a non-Protestant majority

At the time of Breyer's appointment in 1994, there were two Roman Catholic Justices, Antonin Scalia and Anthony Kennedy, and two Jewish Justices, Stephen Breyer and Ruth Bader Ginsburg. Clarence Thomas, who had been raised as a Roman Catholic but had attended an Episcopal church after his marriage, returned to Catholicism later in the 1990s. At this point, Protestant Justices remained a plurality on the Court, but for the first time in the history of the Court, Protestants were no longer a majority. In 2005, Chief Justice John Roberts became the fourth sitting Catholic Justice, creating the first Catholic plurality on the Court. On January 31, 2006, Samuel Alito became the fifth sitting Catholic Justice, and on August 6, 2009, Sonia Sotomayor became the sixth. As of 2010, Justice John Paul Stevens is the sole remaining Protestant on the Court.[60][65] In contrast, there has been only one Catholic U.S. President, Democrat John F. Kennedy (unrelated to Justice Kennedy), and there has never been a Jewish president.

Religions that have never been represented

A number of sizable religious groups have had no Justices appointed from their group. These include Mormons, Pentecostals, Muslims, Buddhists, and members of the Orthodox Church. George Sutherland has been described as a "lapsed Mormon"[66] because he was raised in the Mormon church, his parents having immigrated to the United States during Sutherland's infancy to join that church.[67] Sutherland's parents soon left the Mormon church and moved to Montana.[67] Sutherland himself also disaffiliated with the faith, but remained in Utah and graduated from Brigham Young Academy in 1881, the only non-Mormon in his class.[68] Attorney General Edward H. Levi had listed Dallin H. Oaks, a Mormon who had clerked for Earl Warren and was then president of Brigham Young University, as a potential nominee for Gerald Ford. Ford "crossed Oak's name off the list early on, noting in the margin that a member of the Mormon church might bring a 'confirmation fight'".[69]

Nor has an avowed atheist ever been appointed to the Court, although some Justices have been noted as declining to engage in any manner of religious activity. As an adult, Benjamin Cardozo no longer practiced his faith and identified himself as an "agnostic", though he remained proud of his Jewish heritage.[70]

Age

Oliver Wendell Holmes, Jr. served on the Court until he was 90, making him the oldest Justice in history.

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 judges 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, 32 at the time of his appointment in 1812; the oldest was Charles Evans Hughes, 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, who was 68 at the time of his elevation in 1941. Stone died in 1946, only five years after his elevation.

The youngest Justice appointed in recent memory was Clarence Thomas, 43 years old at the time of his appointment. When he turned 54 in January 2009, Chief Justice Roberts was the youngest Justice sitting. When he turned 89 in April 2009, John Paul Stevens was the oldest Justice sitting. The oldest person to have served on the Court was Oliver Wendell Holmes, Jr., who stepped down after turning 90.

Joseph Story was only 32 when he became a Justice of the Supreme Court.

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. As of April 2009, the average age of the Justices was 69 years. Just prior to the death of Chief Justice Rehnquist in September 2005, the average age was 71. After Sonia Sotomayor was appointed in August 2009, the average age at which current justices were appointed is about 53 years old.

The longest period of time in which a given composition of justices stay fixed in American history occurred from 3 August 1994, when Stephen Breyer was appointed to replace the retired Harry Blackmun, to 3 September 2005, the death of William Rehnquist, totalling 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.[71]

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".[72] 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.[72] This has led to proposals such as imposing a mandatory retirement age for Supreme Court Justices,[73] and predetermined term limits.[74]

Educational background

Main article: List of law schools by United States Supreme Court Justices trained
Stanley F. Reed was the last sitting Justice not to have received a law degree.

Although the Constitution imposes no educational background requirements for federal judges, the work of the Court involves complex questions of law - ranging from constitutional law to administrative law to admiralty law - and consequentially, a legal education has become a de facto prerequisite to appointment on the Supreme Court. Up to Sonia Sotomayor, every person who has been nominated to the Court has been an attorney.[7]

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" (studying under and acting as an apprentice to more experienced attorneys) rather than attend a formal program. The first Justice to be appointed who had attended an actual law school was Levi Woodbury, appointed to the Court in 1846. Woodbury had attended Tapping Reeve Law School in Litchfield, Connecticut, the most prestigious law school in the United States in that day, prior to his admission to the bar in 1812. However, Woodbury did not earn a law degree. Woodbury's successor on the Court, Benjamin Robbins Curtis, who received his law degree from Harvard Law School in 1832, and was appointed to the Court in 1851, was the first Justice to bear such a credential.[75]

Associate Justice James F. Byrnes, whose short tenure lasted from June 1941 to October 1942, was the last Justice without a law degree to be appointed; 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 111 Justices appointed to the Court, 46 have had law degrees, an additional 18 attended some law school but did not receive a degree, and 47 received their legal education without any law school attendance.[75]

Harvard Law School has produced 14 Justices, more than any other educational institution.

The table below shows the college and law school from which each of the Justices sitting as of 2009 graduated:

Name Appt. by College Law school
John G. Roberts (Chief Justice) G.W. Bush Harvard Harvard
John Paul Stevens Ford Chicago Northwestern
Antonin Scalia Reagan Georgetown Harvard
Anthony Kennedy Reagan Stanford Harvard
Clarence Thomas G.H.W. Bush Holy Cross Yale
Ruth Bader Ginsburg Clinton Cornell Columbia
Stephen Breyer Clinton Stanford Harvard
Samuel Alito G.W. Bush Princeton Yale
Sonia Sotomayor Obama Princeton Yale

Professional background

Not only have all Justices been attorneys, nearly two thirds had previously been judges.[7] As of 2009, all nine Justices had previously served as judges of the United States Courts of Appeals. Few Supreme Court Justices have a background as criminal defense lawyers, and Thurgood Marshall is probably the last Justice to have had a client in a death penalty case.[76]

Historically, Justices have come from some tradition of public service, and of all the Justices to have served, only George Shiras, Jr. had no such experience.[77] However, relatively few Justices have been appointed from among members of Congress. Six Justices were sitting members of the United States Senate at the time of their appointment,[78][79] while one was a sitting member of the House of Representatives.[80] Six more had previously served in the Senate. Three have been sitting governors.[78][81] Only one, William Howard Taft, had been President of the United States. [82] The last sitting Justice to have held elected office was Sandra Day O'Connor, who had twice been re-elected to the Arizona State Senate.

Economic background

The economic profile 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".[75] Charles Beard, in his An Economic Interpretation of the Constitution of the United States, profiled those among the Justices who were also drafters of the Constitution.

James Wilson, Beard notes, "developed a lucrative practice at Carlisle" before becoming "one of the directors of the Bank of North America on its incorporation in 1781".[83] A member of the Georgia Land Company, Wilson "held shares to the amount of at least one million acres".[84] John Blair was "one of the most respectable men in Virginia, both on account of his Family as well as fortune".[85] 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."[86] 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".[87] Oliver Ellsworth "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".[88] Bushrod Washington was the nephew of George Washington, 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.[89]

It has been noted that "[a]bout three-fifths of those named to the Supreme Court personally knew the President who nominated them".[56] There have been exceptions to the typical portrait of Justices growing up middle class or wealthy. For example, the family of Sherman Minton went through a period of impoverishment during his childhood, resulting from the disability of his father due to a heat stroke.[90]

In 2008, seven of the nine sitting Justices were millionaires, and the remaining two were close to that level of wealth.[91] Historian Howard Zinn, in his 1980 book A People's History of the United States, argues that the Justices cannot be neutral between the rich and the poor, as they are almost always from the upper class.[92] Chief Justice Roberts is the son of an executive with Bethlehem Steel; Justice Stevens was born into a wealthy Chicago family;[93] 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".[94] 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".[95] The depth of Thomas' poverty has been disputed by suggestions of "ample evidence to suggest that Thomas enjoyed, by and large, a middle-class upbringing".[96]

Financial disclosures

Beginning in 1979, the Ethics in Government Act of 1978 required federal officials, including the Justices, to file annual disclosures of their income and assets.[97] 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[98] and Lewis F. Powell,[99] with Chief Justice Warren Burger coming in third with about $600,000 in holdings.[98] The least wealthy Justice was Thurgood Marshall.[98]

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).[100] 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".[100] The 1985 report had the Justices in relatively the same positions,[101] 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 and David Souter, reporting assets of at least $65,000.[102]

The 2007 report reflected the holdings of the newest Justices, 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.[103] Other Justices reported holdings within the following ranges:[104]

Justice Lowest range Highest range
John Roberts $2,400,000 $6,200,000
John Paul Stevens $1,100,000 $3,500,000
Antonin Scalia $1,200,000 $2,800,000
Anthony Kennedy $365,000 $765,000
David Souter $5,000,000 $25,000,000
Clarence Thomas $150,000 $410,000
Ruth Bader Ginsburg $5,000,000 $25,000,000
Stephen Breyer $4,900,000 $16,800,000
Samuel Alito $770,000 $2,000,000

The financial disclosures indicate that many of the Justices have substantial stock holdings.[103] 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.[105] 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.[106]

Notes

  1. ^ a b c Segal and Spaeth (2002). The Supreme Court and the Attitudinal Model Revisited. p. 183.{{cite book}}: CS1 maint: numeric names: authors list (link) Cite error: The named reference "SegalSpaeth2002_p183" was defined multiple times with different content (see the help page).
  2. ^ a b O'Brien (2003). Storm Center. p. 46.{{cite book}}: CS1 maint: numeric names: authors list (link)
  3. ^ O'Brien (2003). Storm Center. p. 54.{{cite book}}: CS1 maint: numeric names: authors list (link)
  4. ^ 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.
  5. ^ See also Kreimendahl, Ilka (2002) Appointment and Nomination of Supreme Court Justices (Scholarly Paper, Advanced Seminar), Amerikanische Entwicklung im Spiegel ausgewählter Entscheidungen des Supreme Court, University of Kassel 32 Pages.
  6. ^ a b c d e Marshall (2008). Public Opinion and the Rehnquist Court. {{cite book}}: Cite has empty unknown parameter: |unused_data= (help); Text "page109" ignored (help)CS1 maint: numeric names: authors list (link) Cite error: The named reference "marshall-109" was defined multiple times with different content (see the help page).
  7. ^ a b c d Segal and Spaeth (2002). The Supreme Court and the Attitudinal Model Revisited. p. 182.{{cite book}}: CS1 maint: numeric names: authors list (link) Cite error: The named reference "segal-spa-182" was defined multiple times with different content (see the help page).
  8. ^ Marshall (2008). Public Opinion and the Rehnquist Court. p. 108.{{cite book}}: CS1 maint: numeric names: authors list (link)
  9. ^ Segal and Spaeth (2002), quoting Richard Friedman, "The Transformation in Senate Response to Supreme Court Nominations", 5 Cardozo Law Review 1 (1983), p. 50.
  10. ^ Segal and Spaeth (2002). The Supreme Court and the Attitudinal Model Revisited. pp. 182–83.{{cite book}}: CS1 maint: numeric names: authors list (link)
  11. ^ O'Brien (2003). Storm Center. pp. 46–47.{{cite book}}: CS1 maint: numeric names: authors list (link)
  12. ^ O'Brien (2003). Storm Center. p. 47.{{cite book}}: CS1 maint: numeric names: authors list (link)
  13. ^ a b O'Brien (2003). Storm Center. p. 48.{{cite book}}: CS1 maint: numeric names: authors list (link)
  14. ^ a b John Richard Schmidhauser, Judges and justices: the Federal Appellate Judiciary (1979), p. 60.
  15. ^ Graham, Fred P. (August 31, 1967) Senate Confirms Marshall As the First Negro Justice; 10 Southerners Oppose High Court Nominee in 69-to-11 Vote. New York Times.
  16. ^ According to the Social Security Administration Popular baby name database, Thurgood has never been in the top 1000 of male baby names.
  17. ^ a b Jan Crawford Greenburg (2007-09-30). "Clarence Thomas: A Silent Justice Speaks Out". ABC News. Retrieved 2008-10-18.
  18. ^ a b Sheldon Goldman, Picking Federal Judges: Lower Court Selection from Roosevelt Through Reagan (1999), p. 184-85. ISBN 0300080735
  19. ^ "What Negroes can expect from Kennedy", Ebony Magazine(Jan 1961), v. 16, no. 3, p. 33.
  20. ^ Davis (2005). Electing Justice: Fixing the Supreme Court Nomination Process. p. 50.{{cite book}}: CS1 maint: numeric names: authors list (link)
  21. ^ Dowd, Maureen. "The Supreme Court; Conservative black judge, Clarence Thomas, is named to Marshall's court seat", New York Times, July 2, 1991.
  22. ^ Schwartz (2004). Right Wing Justice: The Conservative Campaign to Take Over the Courts. p. 112.{{cite book}}: CS1 maint: numeric names: authors list (link)
  23. ^ George Stephanopoulos, All Too Human: A Political Education (Back Bay Books, 2000).
  24. ^ Gwen Ifill, White House Memo; Mitchell's Rebuff Touches Off Scramble for Court Nominee, N.Y. Times (Apr. 16, 1994).
  25. ^ Kirkpatrick, David D. Senate Democrats Are Shifting Focus From Roberts to Other Seat, The New York Times, Sept 9, 2005.
  26. ^ Specter: Gonzales Not Ready for Supreme Court, Capitol Hill Blue, Sept 12, 2005.
  27. ^ White House Said to Shift List for 2nd Court Seat - New York Times
  28. ^ Mauro, Tony (December 1, 2008). "Pressure Is on Obama to Name First Hispanic Supreme Court Justice". Legal Times.
  29. ^ Obama picks Sotomayor for Supreme Court, MSNBC (May 26, 2009).
  30. ^ a b c Neil A. Lewis, Was a Hispanic Justice on the Court in the ’30s?, The New York Times, May 26, 2009.
  31. ^ a b Cardozo was first, but was he Hispanic? USA Today May 26, 2009
  32. ^ "Distinguished Americans & Canadians of Portuguese Descent". Retrieved 2008-01-09.
  33. ^ F. Arturo Rosales, The Dictionary of Latino Civil Rights History, Arte Publico Press (February 28, 2007). p 59.
  34. ^ Mark Sherman, First Hispanic justice? Some say it was Cardozo, The Associated Press, 2009.
  35. ^ Robert Schlesinger, Would Sotomayor be the First Hispanic Supreme Court Justice or Was it Cardozo? US News & World Report May 29, 2009
  36. ^ Mark Sherman, First Hispanic justice? Some say it was Cardozo, Fox News, (May 26, 2009).
  37. ^ Aviva Ben-Ur, Sephardic Jews in America: A Diasporic History‎ (2009), p. 86.
  38. ^ Richard Polenberg, The World of Benjamin Cardozo: Personal Values and the Judicial Process (1999), p. 88.
  39. ^ National Hispanic Center for Advanced Studies and Policy Analysis (U.S.), The State of Hispanic America‎ (1982), p. 98.
  40. ^ Nicolás Kanellos, The Hispanic American Almanac (1996), p. 302.
  41. ^ a b O'Brien, (2003). Storm Center. p. 53.{{cite book}}: CS1 maint: extra punctuation (link) CS1 maint: numeric names: authors list (link) Cite error: The named reference "obrien53" was defined multiple times with different content (see the help page).
  42. ^ Maltese (1998). The Selling of Supreme Court Nominees. p. 126.{{cite book}}: CS1 maint: numeric names: authors list (link)
  43. ^ a b Salokar and Volcansek (1996). Women in Law: A Bio-bibliographical Sourcebook. p. 20.{{cite book}}: CS1 maint: numeric names: authors list (link)
  44. ^ a b c Amy Argetsinger and Roxanne Roberts, "Sotomayor: A Single Supreme?", The Washington Post (May 27, 2009).
  45. ^ Murdoch and Price (2002). Courting Justice: Gay Men and Lesbians V. the Supreme Court. p. 187.{{cite book}}: CS1 maint: numeric names: authors list (link)
  46. ^ Stern, Keith (2006). Queers in History. p. 84. Stating of Carswell, "He's the only known homosexual to have been nominated to the Supreme Court, though he was in the closet".
  47. ^ a b Dean (2001). The Rehnquist Choice: The Untold Story of the Nixon Appointment That Redefined the Supreme Court. p. 20.{{cite book}}: CS1 maint: numeric names: authors list (link)
  48. ^ Jeffrey Rosen, NYT Nov. 2, 1997
  49. ^ Kaufman (1998). Cardozo. p. 68.{{cite book}}: CS1 maint: numeric names: authors list (link)
  50. ^ Kaufman (1998). Cardozo. p. 68–69.{{cite book}}: CS1 maint: numeric names: authors list (link)
  51. ^ Todd C. Peppers, Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk (2006), p. 111, citing Joyce Murdoch and Deb Price, Courting Justice: Gay Men and Lesbians v. The Supreme Court (New York: Basic Books, 2001) p. 19-21.
  52. ^ Tinsley E. Yarbrough, "David Hackett Souter: Traditional Republican on the Rehnquist Court" (Oxford University Press, 2005), p. viii.
  53. ^ Adherents.com page on the Supreme Court.
  54. ^ Hitchcock, James, Catholics and the Supreme Court: An Uneasy Relationship (June 2004) (from Catalyst (magazine).
  55. ^ Religious affiliation of Supreme Court justices Justice Sherman Minton converted to Catholicism after his retirement. James F. Byrnes was raised as Catholic, but became an Episcopalian before his confirmation as a Supreme Court Justice.
  56. ^ a b Jeffrey A. Segal, Harold J. Spaeth, The Supreme Court and the Attitudinal Model Revisited (2002) p. 184.
  57. ^ Supreme Court Justice Clarence Thomas visits Conception Seminary College, Winter 2001.
  58. ^ Perry, Barbara A. "Catholics and the Supreme Court: From the 'Catholic Seat' to the New Majority," in Catholics and Politics: The Dynamic Tension between Faith and Power, Georgetown University Press, 2008, Edited by K. E. Heyer, M. J. Rozell, M. A. Genovese.
  59. ^ Kissling, Frances (May 17, 2009) Catholic Boy's Club: Religion and the Supreme Court Religious Dispatches. Frances Kissling is a visiting scholar at the Center for Bioethics at the University of Pennsylvania and former president of Catholics for a Free Choice.
  60. ^ a b Paulson, Michael Catholicism: Sotomayor would be sixth Catholic May 26, 2009. Boston Globe.
  61. ^ This individual was elevated from Associate Justice to Chief Justice. Unlike the inferior courts, the Chief Justice is separately nominated and subject to a separate confirmation process, regardless of whether or not (s)he is already an Associate Justice.
  62. ^ a b c Deaths in senior status seem to cause confusion. There are two types of retirement: in the first type, the justice resigns his appointment in return for a pension, and the "Reason Appointment Terminated" is marked as "retirement". In the second type of retirement, called senior status, the justice's appointment does not end. Instead, the justice accepts a reduced workload on an inferior court. For instance, Stanley F. Reed was frequently assigned to the Court of Claims when he was in senior status. As of 2006, every justice except Charles Evans Whittaker who has assumed senior status has died in it; in that case, the judge will have the "Reason Appointment Terminated" as "death", even though they retired from the court before they died.
  63. ^ New York Times, February 25, 1932, p. 1.
  64. ^ Henry Julian Abraham, Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Bush II (2007), p. 140.
  65. ^ Goodstein, Laurie (May 30, 2009). "Sotomayor Would Be Sixth Catholic Justice, but the Pigeonholing Ends There". The New York Times. Retrieved May 31, 2009. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  66. ^ Dean L. May, Utah: a People's History‎ (1987), p. 162.
  67. ^ a b Robert R. Mayer, The Court and the American crises, 1930-1952‎ (1987), p. 217.
  68. ^ Eric Alden Eliason, Mormons and Mormonism: an Introduction to an American World Religion‎ (2001), p. 169.
  69. ^ David Alistair Yalof, Pursuit of Justices: Presidential Politics and the Selection of Supreme Court Nominees (2001), p. 128.
  70. ^ Jewish Virtual Library, Benjamin Cardozo.
  71. ^ Steven G. Calabresi and James Lindgren, Justice for Life? The case for Supreme Court term limits., Wall Street Journal, [April 10], [2005].
  72. ^ a b Roger C. Cramton and Paul D. Carrington, eds., Reforming the Court: Term Limits for Supreme Court Justices (Carolina Academic Press, 2006), p. 4.
  73. ^ Richard Epstein, "Mandatory Retirement for Supreme Court Justices", in Roger C. Cramton and Paul D. Carrington, eds., Reforming the Court: Term Limits for Supreme Court Justices (Carolina Academic Press, 2006), p. 415.
  74. ^ Arthur D. Hellman, "Reining in the Supreme Court: Are Term Limits the Answer?", in Roger C. Cramton and Paul D. Carrington, eds., Reforming the Court: Term Limits for Supreme Court Justices (Carolina Academic Press, 2006), p. 291.
  75. ^ a b c Henry Julian Abraham, Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Bush II (2007), p. 49.
  76. ^ Ifill, Sherrilyn (2009-05-04), Commentary: Break the mold for Supreme Court picks, CNN
  77. ^ Abraham (2007), p. 48.
  78. ^ a b O'Brien (2003). Storm Center. p. 34.{{cite book}}: CS1 maint: numeric names: authors list (link)
  79. ^ U.S. Senate, Senators Who Served on the U.S. Supreme Court (accessed May 12, 2009).
  80. ^ U.S. Congress, House Members Who Became Members of the U.S. Supreme Court (accessed May 12, 2009).
  81. ^ Abraham (2007), p. 49.
  82. ^ Anderson (1980), p. 184.
  83. ^ Beard (1913). An Economic Interpretation of the Constitution of the United States. p. 147.{{cite book}}: CS1 maint: numeric names: authors list (link)
  84. ^ Beard (1913). An Economic Interpretation of the Constitution of the United States. p. 148.{{cite book}}: CS1 maint: numeric names: authors list (link)
  85. ^ Beard (1913). An Economic Interpretation of the Constitution of the United States. p. 77.{{cite book}}: CS1 maint: numeric names: authors list (link)
  86. ^ U.S. Army Center of Military History page on John Blair.
  87. ^ Beard (1913). An Economic Interpretation of the Constitution of the United States. p. 142.{{cite book}}: CS1 maint: numeric names: authors list (link)
  88. ^ Beard (1913). An Economic Interpretation of the Constitution of the United States. p. 89.{{cite book}}: CS1 maint: numeric names: authors list (link)
  89. ^ Eugene Parsons, Graeme Mercer Adam and Henry Wade Rogers, George Washington: A Character Sketch, (1903), p. 34.
  90. ^ Gugin, Linda & St. Clair, James E. (1997). Sherman Minton: New Deal Senator, Cold War Justice. Indiana Historical Society. ISBN 0871951169.{{cite book}}: CS1 maint: multiple names: authors list (link)
  91. ^ Justices are well-off, well-traveled, CNN, June 4, 2008.
  92. ^ Howard Zinn, A People's History of the United States (New York: Perennial, 2003), p.260-261 ISBN 0060528370.
  93. ^ Jeffrey Rosen, "The Dissenter," The New York Times Magazine (September 23, 2007).
  94. ^ Oyez Biography of Samuel A. Alito, Jr..
  95. ^ Oyez Biography of Clarence Thomas.
  96. ^ Christopher Alan Bracey, Saviors Or Sellouts: The Promise and Peril of Black Conservatism (2008), p. 152 (stating of Thomas: "He is a man who claims to have risen from boyhood poverty, but there is ample evidence to suggest that Thomas enjoyed, by and large, a middle-class upbringing").
  97. ^ The constitutionally of those portions of the Act requiring federal judges to disclose their income and assets were themselves challenged in a United States federal court, and were held to be constitutional. Duplantier v. United States, 606 F.2d 654 (5th Cir. 1979), cert. denied, 449 U.S. 1076 (1981).
  98. ^ a b c Melinda Beck et al., "Who Has How Much in Washington", Newsweek (May 28, 1979), p. 40.
  99. ^ "Powell Reports Finances", Facts on File World News Digest (June 22, 1979), p. 464 B3.
  100. ^ a b Barbara Rosewicz, "Millionaires on the bench", United Press International (May 17, 1982), Washington News.
  101. ^ Henry J. Reske, "Justices reveal personal worth", United Press International (May 16, 1985), Washington News.
  102. ^ "Souter and Thomas Report Least Assets of All Justices", The New York Times (May 17, 1992), Section 1; Page 31; Column 1; National Desk
  103. ^ a b "Justices report 2006 finances", AFX News Limited (June 8, 2007).
  104. ^ Justices of the Supreme Court, MoneyLine Reference (accessed January 18, 2006).
  105. ^ "Supreme Recusal; When high court justices step aside from cases, there is no easy remedy for the consequences", The Washington Post (March 8, 2008), p. A14.
  106. ^ "Court Without a Quorum", The New York Times (May 18, 2008), Section WK; Column 0; Editorial Desk; p. 11.

See also

References

  • Abraham, Henry Julian (2007). Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Bush II. Lanham: Rowman & Littlefield Publishers, Inc. ISBN 0-742-55895-9.
  • Beard, Charles (1913, 2004). An Economic Interpretation of the Constitution of the United States. New York: Dover Publications. ISBN 048643365X. {{cite book}}: Check date values in: |year= (help)
  • Contreras, Raoul Lowery (2002). A Hispanic View: American Politics and the Politics of Immigration. San Jose: Writers Club Press. ISBN 0595256910.
  • Davis, Richard (2005). Electing Justice: Fixing the Supreme Court Nomination Process. Oxford University Press, USA,. ISBN 0195314166.{{cite book}}: CS1 maint: extra punctuation (link)
  • Dean, John Wesley (2001). The Rehnquist Choice: The Untold Story of the Nixon Appointment That Redefined the Supreme Court. New York: Free Press. ISBN 0743233204.
  • Eisgruber, Christopher L. The Next Justice: Repairing the Supreme Court Appointments Process. {{cite book}}: Text "ISBN 0691143528; ISBN 978-0691143521" ignored (help)
  • Kaufman, Andrew (1998). Cardozo. Cambridge, MA: Harvard University Press. ISBN 0674001923. {{cite book}}: Unknown parameter |authorlin= ignored (help)
  • Maltese, John Anthony (1998). The Selling of Supreme Court Nominees. Baltimore: Free The Johns Hopkins University Press. ISBN 0801858836.
  • Marshall, Thomas R. (2008). Public Opinion and the Rehnquist Court. ISBN 0791473481.
  • Murdoch, Joyce; Price, Deb (2002). Courting Justice: Gay Men and Lesbians V. the Supreme Court. New York: Basic Books. ISBN 046501514X.
  • O'Brien, David M. (2003). Storm Center (Sixth ed.). New York: W.W. Norton & Co. ISBN 0-393-97896-6.
  • Salokar, Rebecca Mae; Volcansek, Mary L. (1996). Women in Law: A Bio-bibliographical Sourcebook. Westport: Greenwood Press. ISBN 0313294100.
  • Segal, Jeffrey A. (2002). The Supreme Court and the Attitudinal Model Revisited. Cambridge: Cambridge Univ. Press. ISBN 0-521-78971-0. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  • Schwartz, Herman (2004). Right Wing Justice: The Conservative Campaign to Take Over the Courts. Nation Books. ISBN 1560255668.
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