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

Since the Supreme Court of the United States was established in 1789, 114 persons have served on the court. Of these, several also served in the United States Congress, either before or after their tenure as a justice. Six were incumbent members of the 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 Supreme Court justices with prior service in the Senate, and one with subsequent Senate service.[2]

Image Senator State Senate service Supreme Court service I/F Appointing president
Hugo Black Alabama1927–19371937–1971IRoosevelt, F. D.
Harold Hitz Burton Ohio1941–19451945–1958ITruman
James F. Byrnes[lower-alpha 1] South Carolina1931–19411941–1942IRoosevelt, F. D.
Oliver Ellsworth Connecticut1789–17961796–1800IWashington
Edward Douglass White Louisiana1891–18941894–1921ICleveland
Levi Woodbury New Hampshire1825–1831;
1841–1845		1845–1851IPolk
David Davis Illinois1877–18831862–1877•[lower-alpha 2]Lincoln
Howell Edmunds Jackson Tennessee1881–18861893–1895FHarrison, B.
Lucius Quintus Cincinnatus Lamar[lower-alpha 1] Mississippi1877–18851888–1893FCleveland
Salmon P. Chase Ohio1849–1855;
1861–1861		1864–1873FLincoln
Stanley Matthews Ohio1877–18791881–1889FGarfield
John McKinley[lower-alpha 1] Alabama1826–1831;
1837–1837		1838–1852FVan Buren
Sherman Minton Indiana1935–19411949–1956FTruman
George Sutherland[lower-alpha 1] Utah1905–19171922–1938FHarding
William Paterson New Jersey1789–17901793–1806FWashington

Representatives

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

Image Representative District House service Supreme Court service I/F Appointing president
Henry Baldwin PA 141817–18221830–1844FJackson
Philip P. Barbour[lower-alpha 3] VA 111814–1825;
1827–1830		1836–1841FJackson
James F. Byrnes[lower-alpha 4] SC 21911–19251941–1942FRoosevelt, F. D.
Nathan Clifford ME 11839–18431858–1881FBuchanan
Gabriel Duvall MD 21794–17961811–1835FMadison
Lucius Quintus Cincinnatus Lamar[lower-alpha 4] MS 11857–1860;
1873–1877		1888–1893FCleveland
John Marshall VA 131799–18001801–1835FAdams, J.
Joseph McKenna CA 31885–18911898–1925FMcKinley
John McKinley[lower-alpha 4] AL 21833–18351838–1852FVan Buren
John McLean OH 11813–18161830–1861FJackson
William Henry Moody MA 61895–19021906–1910FRoosevelt, T.
Mahlon Pitney NJ 41895–18991912–1922FTaft
Joseph Story MA 21808–18091812–1845FMadison
William Strong PA 91847–18511870–1880FGrant
George Sutherland[lower-alpha 4] UT 11901–19031922–1938FHarding
Fred M. Vinson KY 91924–1929;
1931–1938		1946–1953FTruman
James Moore Wayne GA 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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