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.



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 Alabama 1927–1937 1937–1971 I Roosevelt, F. D.
Harold Hitz Burton Ohio 1941–1945 1945–1958 I Truman
James F. Byrnes[a] South Carolina 1931–1941 1941–1942 I Roosevelt, F. D.
Oliver Ellsworth Connecticut 1789–1796 1796–1800 I Washington
Edward Douglass White Louisiana 1891–1894 1894–1921 I Cleveland
Levi Woodbury New Hampshire 1825–1831;
1845–1851 I Polk
David Davis Illinois 1877–1883 1862–1877 [b] Lincoln
Howell Edmunds Jackson Tennessee 1881–1886 1893–1895 F Harrison, B.
Lucius Quintus Cincinnatus Lamar[a] Mississippi 1877–1885 1888–1893 F Cleveland
Salmon P. Chase Ohio 1849–1855;
1864–1873 F Lincoln
Stanley Matthews Ohio 1877–1879 1881–1889 F Garfield
John McKinley[a] Alabama 1826–1831;
1838–1852 F Van Buren
Sherman Minton Indiana 1935–1941 1949–1956 F Truman
George Sutherland[a] Utah 1905–1917 1922–1938 F Harding
William Paterson New Jersey 1789–1790 1793–1806 F Washington



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 14 1817–1822 1830–1844 F Jackson
Philip P. Barbour[c] VA 11 1814–1825;
1836–1841 F Jackson
James F. Byrnes[d] SC 2 1911–1925 1941–1942 F Roosevelt, F. D.
Nathan Clifford ME 1 1839–1843 1858–1881 F Buchanan
Gabriel Duvall MD 2 1794–1796 1811–1835 F Madison
Lucius Quintus Cincinnatus Lamar[d] MS 1 1857–1860;
1888–1893 F Cleveland
John Marshall VA 13 1799–1800 1801–1835 F Adams, J.
Joseph McKenna CA 3 1885–1891 1898–1925 F McKinley
John McKinley[d] AL 2 1833–1835 1838–1852 F Van Buren
John McLean OH 1 1813–1816 1830–1861 F Jackson
William Henry Moody MA 6 1895–1902 1906–1910 F Roosevelt, T.
Mahlon Pitney NJ 4 1895–1899 1912–1922 F Taft
Joseph Story MA 2 1808–1809 1812–1845 F Madison
William Strong PA 9 1847–1851 1870–1880 F Grant
George Sutherland[d] UT 1 1901–1903 1922–1938 F Harding
Fred M. Vinson KY 9 1924–1929;
1946–1953 F Truman
James Moore Wayne GA AL 1829–1835 1835–1867 I Jackson


  1. ^ a b c d 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. ^ a b c d Also served in the U.S. Senate

See also



  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.