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

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

Sitting senators

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

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

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

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

  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. 1 2 3 4 5 6 Served in the House of Representatives before serving in the Senate.
  5. 1 2 Served in the Senate both before and after serving in the House of Representatives.

See also

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