Welcome to SCOTUS Bracketology: a participatory quest for the greatest justice of all time, chosen by SCOTUSblog readers. Although he served one of the longest terms of any justice, Harlan was often in the minority, but he articulated a new way of thinking about fundamental constitutional issues decades before his time. Sonia Sotomayor is no exception. When President Barack Obama nominated her for Senate confirmation this summer, he touted her “empathy” and her potential to become the first Latina judge to take a historic new path. She has been widely compared to Thurgood Marshall, the first African-American judge, and Sandra Day O`Connor, the first female judge, both of whom made history by breaking down racial and gender barriers. Story was only 32 when he joined the Supreme Court and was overshadowed by John Marshall for most of his tenure, but he ultimately had a greater impact on law, society, and legal theory than any other judge in history. Although Marshall took credit for virtually every important Supreme Court decision, Story was the intellectual anchor that gave lasting meaning to the decisions. After Marshall announced the outcome of a case, he turned to him and said, “Well, history, it`s the law; You can find the precedents for this. Brennan proved to be an exceptional surprise after President Dwight Eisenhower appointed him to the court in 1956. Brennan`s record as a justice of the New Jersey Supreme Court and the public comments he had made on criminal law suggested he would follow a conservative path, but he turned out to be one of the most liberal justices in the court`s history.
Black`s early career as a local prosecutor, police judge, and Democratic senator from Alabama was marred by his membership in the Ku Klux Klan. “I would have joined any group if it had helped me get votes,” he admitted years later. But during his 34-year tenure on the Court, he articulated a vision very grounded in constitutional principles. The Marshall Court began with Marshall and five associate judges of the Ellsworth Court: William Cushing, William Paterson, Samuel Chase, Bushrod Washington, and Alfred Moore. President Thomas Jefferson appointed William Johnson to succeed Moore after Moore`s resignation in 1804. In 1807, Jefferson appointed two more judges upon Paterson`s death, and Congress added a new seat for an associate judge. Jefferson successfully appointed Henry Brockholst Livingston and Thomas Todd. President James Madison appointed Gabriel Duvall and Joseph Story in 1811 and 1812, replacing Cushing and Chase. Madison had nominated Alexander Wolcott to succeed Cushing, but the Senate rejected him. President James Monroe appointed Smith Thompson to succeed Livingston in 1823. President John Quincy Adams appointed Robert Trimble to succeed Todd in 1826. Trimble died in 1828 and Adams` nomination to John J.
Crittenden was blocked by the Senate. Instead, Trimble was replaced by John McLean, who was appointed by Andrew Jackson. In 1830, Jackson appointed Henry Baldwin to succeed Washington, and in 1834 James Moore Wayne was appointed Johnson. In 1835, Jackson nominated Roger Taney to succeed Duvall, but the nomination was rejected by the Senate. Marshall died in 1835 and Taney was appointed to succeed Marshall as chief justice. Taney was confirmed in 1836 and started Taney Court. In the 232 years of the Supreme Court`s existence, 115 people have been judges. We narrowed that list down to a group of 16 former justices who have credible claims to the size, and we put each member of that Supreme 16 in a range similar to that of the NCAA. (To learn how we selected and fixed the judges, and how “size” can be measured in this context, read our parenthetical FAQ.) All the great justices of the Supreme Court were visionaries. But John Marshall Harlan, Hugo Black and Joseph Story possessed extraordinary ideas that allowed them to transcend their time and articulate an ambitious vision of our laws. March Madness is fast approaching, and even the Supreme Court will host an NCAA showdown later this month. But what if the brackets of the tournament were filled with judges? Marshall was born on September 24, 1755 in what is now Fauquier County in the foothills of the Blue Ridge Mountains of Virginia.
He was the eldest of 15 children born to Thomas Marshall and Mary Randolph Keith. In his youth, he acquired throughout his life a taste for English literature, poetry and history.
