List of U.S. Supreme Court justices who also served in the U.S. Congress

Following is a list of United States Supreme Court Justices who also served in Congress. Since the United States Supreme Court was established in 1789, 114 persons have served on the Court. Of these, several also served in the U.S. Congress, either before or after their tenure as a justice. Six were incumbent members of the United States Senate at the time of their appointment,[1] while one—James Moore Wayne—was an incumbent member of the House of Representatives. The others had previously served in the Senate or the House or both. Additionally, one justice—David Davis—resigned from the Supreme Court to serve in the Senate.

Senators

There have been 14 U.S. Supreme Court justices with prior service in the Senate, and one with subsequent Senate service.[2]

NameStateSenate serviceSupreme Court serviceI/FAppointed by
Hugo BlackAlabama1927–19371937–1971IF. D. Roosevelt
Harold Hitz BurtonOhio1941–19451945–1958ITruman
James F. Byrnes[lower-alpha 1]South Carolina1931–19411941–1942IF. D. Roosevelt
Oliver EllsworthConnecticut1789–17961796–1800IWashington
Edward Douglass WhiteLouisiana1891–18941894–1921ICleveland
Levi WoodburyNew Hampshire1825–1831;
1841–1845		1845–1851IPolk
David DavisIllinois1877–18831862–1877•[lower-alpha 2]Lincoln
Howell Edmunds JacksonTennessee1881–18861893–1895FB. Harrison
Lucius Quintus Cincinnatus Lamar II[lower-alpha 1]Mississippi1877–18851888–1893FCleveland
Salmon P. ChaseOhio1849–1855;
1861–1861		1864–1873FLincoln
Stanley MatthewsOhio1877–18791881–1889FGarfield
John McKinley[lower-alpha 1]Alabama1826–1831;
1837–1837		1838–1852FVan Buren
Sherman MintonIndiana1935–19411949–1956FTruman
George Sutherland[lower-alpha 1]Utah1905–19171922–1938FHarding
William PatersonNew Jersey1789–17901793–1806FWashington

Representatives

There have been 17 U.S. Supreme Court justices with prior service in the House.[3]

NameDistrictHouse serviceSupreme Court serviceI/FAppointed by
Henry BaldwinPA-141817–18221830–1844FJackson
Philip Pendleton Barbour[lower-alpha 3]VA-111814–1825;
1827–1830		1836–1841FJackson
James F. Byrnes[lower-alpha 4]SC-21911–19251941–1942FF. D. Roosevelt
Nathan CliffordME-11839–18431858–1881FBuchanan
Gabriel DuvallMD-21794–17961811–1835FMadison
Lucius Quintus Cincinnatus Lamar II[lower-alpha 4]MS-11857–1860;
1873–1877		1888–1893FCleveland
John MarshallVA-131799–18001801–1835FJ. Adams
Joseph McKennaCA-31885–18911898–1925FMcKinley
John McKinley[lower-alpha 4]AL-21833–18351838–1852FVan Buren
John McLeanOH-11813–18161830–1861FJackson
William Henry MoodyMA-61895–19021906–1910FT. Roosevelt
Mahlon PitneyNJ-41895–18991912–1922FTaft
Joseph StoryMA-21808–18091812–1845FMadison
William StrongPA-91847–18511870–1880FGrant
George Sutherland[lower-alpha 4]UT-11901–19031922–1938FHarding
Fred M. VinsonKY-91924–1929;
1931–1938		1946–1953FTruman
James Moore WayneGA-AL1829–18351835–1867IJackson

Notes
  1. Also served in the U.S. House of Representatives
  2. Became a senator after service on the Supreme Court; the only justice to resign from the Court to serve in the U.S. Congress
  3. Served as Speaker of the House during the 17th Congress (1821–23)
  4. Also served in the U.S. Senate

See also

References
  1. O'Brien, David M. (2003). Storm Center: The Supreme Court in American Politics (6th ed.). W. W. Norton. p. 46. ISBN 0393978966.
  2. "Senators Who Served on the U.S. Supreme Court". Washington, D.C.: Secretary of the Senate. Retrieved February 6, 2018.
  3. "House Members Who Became U.S. Supreme Court Justices". Washington, D.C.: Office of the Historian and the Clerk of the House's Office of Art and Archives. Retrieved February 6, 2018.


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