Justices who have served on the Supreme Court, with their dates of tenure given in parentheses. Asterisks (*) indicate tenure dates of chief justices. Justices whose names are followed by two sets of dates served as both associate and chief justices. Crosses (†) after dates indicate terms of justices who died in office. For the justices’ vital dates and other information, see the essays on individual justices.

Samuel A. Alito, Jr. (2006- ) Consistent conservative potions; supported exception to the exclusionary rule in Hudson v. Michigan (2006); defended special military commissions in Hamdan v. Rumsfeld (2006); critic of affirmative action in Fisher v. University of Texas (2016); favors presidential prerogatives and property rights; strong support for capital punishment in Glossip v. Gross (2015).

Henry Baldwin (1830-1844†) Moderate northerner who supported states’ rights and viewed slaves a private property; wrote a book about the Constitution.

Philip P. Barbour (1836-1841†) Defended sovereignty of states in New York v. Miln (1837) and other cases.

Hugo L. Black (1937-1971) Outspoken proponent of “total incorporation” of first eight amendments to states in Adamson v. California (1947; dissent); advocated literal interpretations; defended Japanese relocation in Korematsu v. United States (1944); staunch opponent of substantive due process, as in Griswold v. Connecticut (1965; dissent); absolutist on First Amendment; liberal on civil rights except in later cases.

Harry A. Blackmun (1970-1994) Strong defender of generic right to privacy in Roe v. Wade (1973) and Bowers v. Hardwick (1986; dissent); advocate of affirmative action in Regents of the University of California v. Bakke (1978; dissent); increasingly liberal views on criminal due process and capital punishment.

John Blair, Jr. (1790-1795) Asserted judicial review on circuit in Hayburn’s Case (1792); supported right of nonresidents to sue states in Chisholm v. Georgia (1793).

Samuel Blatchford (1882-1893†) Author of earliest opinions defending privilege against self-incrimination in Counselman v. Hitchcock (1892); defender of emerging substantive due process doctrine in Chicago, Milwaukee, and St. Paul Railway Co. v. Minnesota (1890).

Joseph P. Bradley (1870-1892†) Author of first significant interpretation of Fourth and Fifth Amendments in Boyd v. United States (1886); defended statute prohibiting women to practice law in Bradwell v. Illinois (1873); dissented in Slaughterhouse Cases (1793).

Louis D. Brandeis (1916-1939) Coauthor of influential article on “privacy” in 1890; wrote famous “Brandeis Brief” for Muller v. Oregon (1908); argued that liberty of Fourteenth Amendment went beyond property rights to protect personal freedoms of Bill of Rights in Gilbert v. Minnesota (1920; dissent); applied freedom of speech to states in Whitney v. California (1927); wrote that wiretapping fell under Fourth Amendment in Olmstead v. United States (1928; dissent).

William J. Brennan, Jr. (1956-1990) Arguably most influential liberal voice of his period; defended judicial supremacy in Cooper v. Aaron (1958); expanded protection for press freedom in Roth v. United States (1957) and New York Times Co. v. Sullivan (1964); emphasized protection for symbolic speech in Texas v. Johnson (1989); defended heightened judicial scrutiny for gender-based classifications in Craig v. Boren (1976); opposed all capital punishment in Gregg v. Georgia (1976); consistently defended privacy rights, abortion rights, and affirmative action.

David J. Brewer (1890-1910†) Conservative who wrote that “this is a Christian nation” in Holy Trinity Church v. United States (1892); supported substantive due process doctrine but upheld protection for women workers in Muller v. Oregon (1908); defended right of reasonable profit in regulated industries in Reagan v. Farmers’ Loan and Trust Co. (1894); usually defended racial segregation, as in Berea College v. Kentucky (1908).

Stephen G. Breyer (1994- ) Generally liberal but conciliatory and pragmatic; proposed right to die “with dignity” in Washington v. Glucksberg (1997); joined minority in Bush v. Gore (2000); defended Court’s consideration of foreign materials; consistent defender of abortion rights and racial preferences; supported minority in Citizens United v FEC (2010); wrote that capital punishment was probably unconstitutional in Glossip v. Gross (2015); attacks originalism and defends “livng Constition” interpretations in Active Liberty: Interpreting our Democratic Constition (2005); defends consideration of international law in The Court and the World: American Law and the New Global Realities (2015).

Henry B. Brown (1891-1906) Author of notorious “separate but equal” doctrine in Plessy v. Ferguson (1896); defended property rights and substantive due process, but recognized limits of freedom of contract doctrine in Holden v. Hardy (1898).

Warren E. Burger (1969-1986*) Moderate who criticized but failed to reverse Warren-era expansion of constitutional rights; devised threepronged test for establishment of religion cases in Lemon v. Kurtzman (1971); formulated three-pronged test for obscenity in Miller v. California (1973); held that “gag orders” in criminal trial were last resort in Nebraska Press Association v. Stuart (1976); upheld federal affirmative action program in Fullilove v. Klutznick (1980); allowed Internal Revenue Ser vice to tax racially segregated schools in Bob Jones University v. United States (1983).

Harold H. Burton (1945-1958) Moderate known for careful research and well crafted opinions. An outspoken opponent of racial discrimination and segregation; upheld state prosecutions of noncapital felonies without appointed counsel in Bute v. Illinois (1948); usually voted to uphold anticommunist policies of Truman administration.

Pierce Butler (1923-1939†) One of the conser vative “Four Horsemen”; wrote defense of liberty of contract doctrine in Morehead v. New York ex rel. Tipaldo (1936); defended constitutionality of prior restraint of press in Near v. Minnesota (1931; dissent), but strongly condemned use of wiretaps in Olmstead v. United States (1928).

James F. Byrnes (1941-1942) Judicial conser vative who wrote sixteen majority opinions during his one term in office; strengthened constitutional right to travel in Edwards v. California (1941).

John A. Campbell (1853-1861) Southerner who defended states’ rights and took moderate position on slaver y, while concurring in Dred Scott v. Sandford (1857); resigned after Civil War began and ser ved as assistant secretary of war; as counsel in Slaughterhouse Cases (1873), helped advance doctrine of substantive due process.

Benjamin N. Cardozo (1932-1938†) Defender of sociological jurisprudence in his book The Nature of the Judicial Process (1922); defended theory of “selective incorporation” of Bill of Rights in Palko v. Connecticut (1937); critic of freedom of contract doctrine and defender of legislative authority for economic regulations; applied general welfare clause in New Deal programs, as in Helvering v. Davis (1937).

John Catron (1837-1865†) Jacksonian Democrat who defended states’ right and slaver y; concurred in Dred Scott v. Sandford (1857) but strongly opposed southern secession.

Salmon P. Chase (1864-1873*†) Abolitionist who ser ved as Abraham Lincoln’s treasury secretar y; defended loyalty oath requirements for office in Cummings v. Missouri (1967; dissent); defended constitutional right of women to practice law in Bradwell v. Illinois (1873); disagreed with majority’s narrow interpretation of Fourteenth Amendment in Slaughterhouse Cases (1873); opposed greenbacks; denied right of secession in Texas v. White (1969).

Samuel Chase (1796-1811†) Signer of Declaration of Independence and ardent federalist; only eighteenth century justice to reject federal common law of crimes; frequently defended doctrine of judicial review and proposed natural law interpretation of Constitution in Calder v. Bull (1798); defendant in impeachment trial of 1805.

Tom C. Clark (1949-1967) Supporter of exclusionary rule on states in Mapp v. Ohio (1961); banned religious ceremonies in public schools, Abington School District v. Schempp (1963); broadened concept of conscientious objector in United States v. Seeger (1965); overturned criminal conviction because of prejudicial publicity in Sheppard v. Maxwell (1966); angered President Truman in steel seizure case.

John H. Clarke (1916-1922) Supporter of convictions under Espionage Act of 1918 in Abrams v. United States (1919); defended broad congressional powers to regulate business in Hammer v. Dagenhart (1922).

Nathan Clifford (1858-1881†) Author of opinion that Court could declare congressional statute unconstitutional on grounds other than constitutional text, in Loan Association v. Topeka (1874).

Benjamin R. Curtis (1851-1857) Enunciator of “selective exclusiveness” doctrine of congressional power to regulate commerce, Cooley v. Board of Wardens of the Port of Philadelphia (1852); wrote Court’s first extended analysis of due process clause in Murray’s Lessee v. Hoboken Land and Improvement Co. (1856); his strong dissent in Dred Scott v. Sandford (1857) produced so much rancor that he resigned.

William Cushing (1790-1810†) Supporter of early form of judicial review in Ware v. Hylton (1796).

Peter V. Daniel (1842-1860†) Virginian who consistently advocated states’ rights and opposed expansion of federal authority; held expansive view of states’ eminent domain power in West River Bridge Co. v. Dix (1849); wrote that freed blacks could not be citizens in Dred Scott v. Sandford (1857).

David Davis (1862-1877) Friend of Abraham Lincoln who wrote Ex parte Milligan (1866), which disallowed military trials when civil courts were available.

William R. Day (1903-1922) Advocate of states’ rights under Tenth Amendment, as in Hammer v. Dagenhart (1916), which overturned federal child labor act; wanted to limit individual liberty of contract claims in Lochner v. New York (1905; dissent); established exclusionary rule in federal Fourth Amendment cases, Weeks v. United States (1914).

William O. Douglas (1939-1975) Outspoken iconoclast known for expansive view of individual liberties; endorsed students’ right to refuse to salute the flag in West Virginia State Board of Education v. Barnette (1943); reluctantly supported Japanese relocation in Korematsu v. United States (1944); wrote controversial Terminiello v. Chicago (1949), which reversed the speaker’s conviction for insulting hostile mob; opposed governmental restrictions on obscenity; argued right of privacy based on “penumbras” of Bill of Rights in Griswold v. Connecticut (1965); recognized claim of trees to standing to bring lawsuits in Sierra Club v. Morton (1972; dissent); sometimes called “Wild Bill.”

Gabriel Duvall (1811-1835) One of first justices to hold strong antislavery views; supported decisions of John Marshall, except for dissent in Dartmouth College v. Woodward (1819); ill health during his last decade.

Oliver Ellsworth (1796-1800*) Helped arrange Great Compromise in 1787; main author of Judicial Act of 1789; supporter of general expansion of federal courts; ill during most of his tenure; died on diplomatic mission to France to end war.

Stephen J. Field (1863-1897) Zealous advocate of inalienable rights, especially property rights; crusader for substantive due process as means for protecting businesses from government regulations, as accepted in Allgeyer v. Louisiana (1897); wrote that government had no constitutional power to force Americans to accept paper money as legal tender in Knox v. Lee (1871; dissent); opposed loyalty oath requirements for elected offices.

Abe Fortas (1965-1969) As private lawyer, successfully argued pro bono case, Gideon v. Wainwright (1963), which established right of indigents to counsel in felony cases; interpreted due process clause as broad guarantee of fairness; expanded many due process protections to juvenile offenders in In re Gault (1967); recognized students’ rights to nondisruptive protests in Tinker v. Des Moines Independent Community School District (1969); struck down state prohibition of teaching evolution in Epperson v. Arkansas (1968); resigned as a result of an ethics scandal.

Felix Frankfurter (1939-1962) Advocate of judicial self-restraint, with justices carefully balancing complex constitutional principles; denied that all of Bill of Rights applied to states in Adamson v. California (1947; concurrence); held that states were not required to follow exclusionary rule in Wolf v. Colorado (1949); wanted to allow states to require flag salute rituals, West Virginia Board of Education v. Barnette (1943; dissent); strong opponent of racial segregation; demanded strict separation of church and state in Everson v. Board of Education of Ewing Township (1947; dissent); highly subjective interpretation of due process in Rochin v. California (1952).

Melville W. Fuller (1888-1910*) Strong defender of private property; wrote that Tenth Amendment prohibited federal police powers in Champion v. Ames (1903; dissent); accepted racial segregation and wrote that Fourteenth Amendment produced “no revolutionary change”; narrow view of Sherman Act; invalidated income tax in Pollock v. Farmers’ Loan and Trust Co. (1895).

Ruth Bader Ginsburg (1993- ) As a lawyer, argued cases before Court that established intermediate scrutiny for gender-based classifications; consistent supporter of affirmative action, abortion rights, and expansive role for federal government; wrote the majority opinion in United States v. Virginia (1996), striking down male-only policy of military schools; opposed public funds for special services in religious schools in Agostini v. Felton (1997; dissent); dissented in Bush v. Gore (2000); strongly supported the minority in Citizens United v. FEC (2010). A good friend of Antonin Scalia, despite their differences.

Arthur J. Goldberg (1962-1965) Supporter of legal equality and rights of criminal defendants; recognized defendant’s right to remain silent in absence of counsel in Escobedo v. Illinois (1964); defended Ninth Amendment rights in Griswold v. Connecticut (1965; concurrence); held that association rights could only be infringed by “compelling state interest,” Gilson v. Florida Legislative Investigation Committee (1963); ruled that foreign travel was protected by Fifth Amendment in Aptheker v. Secretary of State (1964).

Neil Gorsuch (2017- ) Nominated by President Donald Trump and narrowly approved by a Republican-majority Senate, it is expected that he will join the conservative wing of the Court. In his book, The Future of Assisted Suicide and Euthanasia asserts “the intentional taking of human life by private persons is always wrong.” Votes with the majority in requiring funding of playground equipment for religious daycare in Trinity Lutheran Church v. Comer (2017).

Horace Gray (1882-1902†) Supporter of expansive view of congressional powers and attempted to limit applications of substantive due process; accepted citizenship of anyone born in United States, regardless of race or national origin, in United States v. Wong Kim Ark (1898).

Robert C. Grier (1846-1870) Generally supporter of states’ rights view of Tenth Amendment; sanctioned double jeopardy for those who aided runaway slaves in Moore v. Illinois (1852).

John Marshall Harlan (1877-1911†) Author of more dissenting opinions that would eventually become law than any other justice; although former slave holder, opposed racial segregation and dissented in Plessy v. Ferguson (1896); rejected strict applications of freedom of contract doctrine, as in Lochner v. New York (1905; dissent); argued for incorporation of all of first eight amendments into Fourteenth Amendment, as in Hurtado v. California (1884; dissent).

John M. Harlan II (1955-1971) Interpreter of due process clause as body of evolving principles rather than shorthand formula for first eight amendments; opinion in National Association for the Advancement of Colored People v. Alabama (1958) was first to protect First Amendment freedom of association; interpreted Smith Act so that prosecution of subversive activities was difficult; used substantive due process to protect privacy in Poe v. Ullman (1961) and later; opposed Miranda restrictions on police interrogations; interpreted Fourth Amendment as requiring “reasonable expectation of privacy,” in Katz v. United States (1967; concurrence).

Oliver Wendell Holmes (1902-1932) Perhaps most influential twentieth century justice; argued for judicial restraint when applying substantive due process doctrine and rejected generic right of privacy; formulated libertarian “clear and present danger” test for regulating speech in Abrams v. United States (1919; dissent); supported eugenics policies in Buck v. Bell (1927); did not believe that wiretaps were forbidden by Fourth Amendment; formulated modern view of takings clause in Pennsylvania Coal Co. v. Mahon (1922).

Charles Evans Hughes (1910-1916; 1930-1941*) Moderately progressive Republican who strongly defended free expression rights in Stromberg v. California (1931) and Near v. Minnesota (1931); insisted on fair procedures in criminal trials, as in Powell v. Alabama (1932); author of West Coast Hotel Co. v. Parrish (1937), which ended use of substantive due process to overturn economic regulations.

Ward Hunt (1873-1882) Usually supporter of legislation protecting rights of African Americans; in circuit trial, rejected Susan Anthony’s claim that Fourteenth Amendment applied to voting rights for women.

James Iredell (1790-1799†) Generally defender of states’ rights; dismissed natural law approach to judicial review and argued that Court should overturn statutes only if they contradicted written Constitution in Calder v. Bull (1798).

Howell E. Jackson (1893-1895†) Moderate southerner who supported an expansive role for national government; strongly dissented on income tax in Pollock v. Farmers’ Loan & Trust (1895).

Robert H. Jackson (1941-1954†) Supporter of national power over that of states; wrote classic defense of freedom of expression in West Virginia Board of Education v. Barnette (1943); balanced expressive freedom with need for public order in Terminiello v. Chicago (1949; dissent); supported vigorous prosecution of Communists in cases such as Dennis v. United States (1951); advocated caution when overturning racial segregation; argued for judicial self-restraint in his book The Struggle for Judicial Supremacy (1941); criticized for ser ving as prosecutor in the Nuremburg Trials.

John Jay (1789-1795*) First chief justice; committed nationalist who made substantial contributions to the development of a strong Supreme Court; opposed states’ sovereign immunity in Chisholm v. Georgia (1793); negotiated unpopular Jay’s Treaty while on Court.

Thomas Johnson (1792-1793) Marylandpolitician who wrote the Court’s first published opinion in Georgia v. Brailsford (1792), dissenting from the majority’s granting of an injunction on a loyalist’s claim.

William Johnson (1804-1834†) Independent Jeffersonian southerner who supported broad congressional power to regulate commerce but held that federal judges had no authority to create or enforce common-law crimes in United States v. Hudson and Goodwin (1812); a slave owner who denounced the denial of due process to slave rebel Denmark Vessey. Called the “first dissenter.”

Elena Kagan (2010- ) Liberal positions but know for toleration and compromise; former dean of Harvard Law School and Solicitor General; endorses Justices Antonin Scalia’s interpretive theory of textualism; Defended right to privacy in Florida v. Jardines; emphasizes role of language in Lockhart v. United States (2016); supported same-sex marriage, abortion rights, and an expansive view of the Establishment Clause.

Anthony M. Kennedy (1988) Centrist, often casting the swing vote, especially on issues of individual liberty and abortion; approved mandatory drug tests when justified for public safety in Skinner v. Railway Labor Executives Association (1989); proposed no-coercion standard for religious establishment cases in Lee v. Weisman (1992); joined majority in Bush v. Gore (2000); a strong supporter of gay rights, as in Lawrence v. Texas (2003); supported race preferences in Fisher v University of Texas (2016); wrote the majority opinion in Citizens United v. FEC (2009); spokesman for same-sex marriage in Obergefell v. Hodges (2015); endorsed use of international law.

Joseph Lamar (1911-1916†) Usually supported the majority; expanded delegation to executive branch in United States v. Grimaud (1911); ignored free speech claims in Gompers v. Buck’s Stove and Range Co. (1911); diplomatic mission to Latin America in 1914.

Lucius Q. C. Lamar (1888-1893†) Southerner called the “great pacificator”; usually voted with majority in Fuller Court; supporter of broad legislative discretion to formulate public policy, as in Chicago, Milwaukee, and St. Paul Railroad Co. v. Minnesota (1890).

Brockholst Livingston (1807-1823†) Approved state prosecutions of seditious libel while on New York Supreme Court; strong supporter of Chief Justice Marshall; eight opinions on prize ship cases; questions of his judicial ethics in communications about cases.

Horace H. Lurton (1910-1914†) Oldest man ever appointed; conser vative judicial values; former Confederate officer who supported states’ rights under the Tenth Amendment.

Joseph McKenna (1898-1925) Defender of expansive view of federal police power legislation in cases such as Hoke v. United States (1913) and Adair v. United States (1908; dissent), but found that due process clause prohibited minimum-wage laws in Adkins v. Children’s Hospital (1923).

John McKinley (1838-1852†) Kentuckian who supported state sovereignty in Bank of Augusta v. Earle (1839) and other cases; frequently absent from Court.

John McLean (1830-1861†) Opponent of slavery who dissented in Prigg v. Pennsylvania (1842) and Dred Scott v. Sandford (1857) but agreed that Congress had authorized fugitive slave law in Jones v. Van Zandt (1847); moderate on states’ rights under Tenth Amendment.

James C. McReynolds (1914-1941) One of the “Four Horsemen” with conser vative views on civil rights, First Amendment, defendants’ rights, and economic regulations; saw no constitutional necessity for appointment of counsel in capital cases in Powell v. Alabama (1932; dissent); supported prosecution of young people for displaying red flag in Stromberg v. California (1931).

John Marshall (1801-1835*†) Remembered as the “great chief justice”; Federalist who asserted judicial review in Marbury v. Madison (1803); advocated broad interpretation of commerce clause, contract clause, and elastic clause, with narrow view of states’ rights; ruled that Bill of Rights did not apply to states in Barron v. Baltimore (1833); often referred to natural rights in early years; author of Cherokee cases.

Thurgood Marshall (1967-1991) Committed African American liberal who consistently supported affirmative action programs, abortion rights, and strict application of exclusionary rule; defended broad view of free speech in Police Department of Chicago v. Mosley (1972); held that individuals have right to own obscene materials in private homes in Stanley v. Georgia (1969); argued that death penalty was always unconstitutional in Gregg v. Georgia (1976; dissent); proposed “sliding scale” model of judicial scrutiny in San Antonio Independent School District v. Rodriguez (1973).

Stanley Matthews (1881-1889†) Held that grand jury indictment was not essential under due process clause of Fourteenth Amendment in Hurtado v. California (1884); held that Fourteenth Amendment prohibited legislation with discriminatory results in Yick Wo v. Hopkins (1886).

Samuel F. Miller (1862-1890†) Supporter of narrow interpretation of Fourteenth Amendment so that none of Bill of Rights applied to states in Slaughterhouse Cases (1873); dismissed doctrine of substantive due process.

Sherman Minton (1949-1956) Advocate of judicial restraint toward legislative and executive branches; accepted restrictions on free speech and association in interest of national security; upheld New York law that prohibited members of subversive organizations from teaching in public schools in Adler v. Board of Education (1952).

William H. Moody (1906-1910) Had expansive views of congressional power over interstate commerce; refused to apply to states the privilege against self-incrimination in Twining v. New Jersey (1908).

Alfred Moore (1800-1804) His one recorded opinion, Bas v. Tingy (1800), held that France was an enemy nation in the undeclared naval war.

Frank Murphy (1940-1949†) Liberal who asserted that the Fourteenth Amendment made all of the first eight amendments plus other fundamental rights binding on states; included peaceful picketing as form of free speech in Thornhill v. Alabama (1940); excluded fighting words and obscenity from First Amendment protection in Chaplinsky v. New Hampshire (1942); denounced “legalization of racism” in Korematsu v. United States (1944; dissent); dissented when Court did not apply Fourth Amendment exclusionary rule to states in Wolf v. Colorado (1949).

Samuel Nelson (1845-1872) Supporter of states’ rights under the Tenth Amendment; concurred in Dred Scott v. Sandford (1857), but did not endorse Taney’s views on citizenship and the Missouri Compromise; minorty in the Prize Cases (1863); strong proponent of judicial restraint.

Sandra Day O’Connor (1981-2006) Centrist justice whose subtle distinctions often decided 5-4 votes; upheld right to abortion but defended “unduly burden” regulations in Planned Parenthood v. Casey (1992); allowed police to conduct non-coercive requests to search private belongings in Florida v. Bostick (1991); evaluated establishment cases with government endorsement of religion test, as in Lynch v. Donnelly (1984); required “strict scrutiny” test in affirmative action but upheld preferences in Grutter v. Bollinger (2003); joined the majority in Bush v. Gore (2000).

William Paterson (1793-1806†) Framer of the Constitution who espoused judicial review and supported supremacy of the federal government over states; participated in most cases of 1790’s, including Ware v. Hylton (1796); upheld repeal of Judiciary Act of 1801.

Rufus W. Peckham (1896-1909†) Laissez-faire constitutionalist who wrote best-known substantive due process case, Lochner v. New York (1905); denied that first eight amendments were binding on states, as in Maxwell v. Dow (1900).

Mahlon Pitney (1912-1922) Strong defender of liberty of contract doctrine, as in Wilson v. New York (1917; dissent); took narrow view of defendants’ rights in cases such as Frank v. Mangum (1915); rejected freedom of speech claims against Espionage Act of 1917, as in Pierce v. United States (1920).

Lewis F. Powell, Jr. (1972-1987) Moderate “balancer” who often provided swing vote; allowed racial preferences but not quotas in Regents of the University of California v. Bakke (1978); limited federal habeas corpus reviews of alleged Fourth Amendment violations in Stone v. Powell (1976); established balancing test for determining speedy trial requirement in Barker v. Wingo (1972); prohibited disproportionately severe penalties in noncapital cases in Solem v. Helm (1983); author of “open fields” exception in Fourth Amendment cases.

Stanley F. Reed (1938-1957) Economic liberal but generally conservative on issues of civil rights and liberties; wrote that the privilege against selfincrimination did not apply to states in Adamson v. California (1947); was last justice to join unanimous Court in Brown v. Board of Education (1954).

William H. Rehnquist (1972-1986; 1986-2005*† ) As law clerk, wrote controversial memorandum defending “separate but equal” doctrine; defended capital punishment and opposed most Warren-era expansions of defendants’ rights; rejected right to abortion in Roe v. Wade (1973) and later cases; opposed affirmative action; cautious on substantive due process; denied a constitutional right to assisted suicide; created public safety exception to the Miranda rule in Quarles v. New York (1984); expanded Fifth Amendment property rights in Rolan v. City of Tigard (1994); resurrected states’ rights under Tenth and Eleventh Amendments; ordered end of Florida recount in Bush v. Gore (2000).

John G. Roberts, Jr. (2005*) Moderate conservative on the D.C. Circuit Court. Usually joined the conservatives on issues of criminal justice, property rights, and executive power; recognized federal authority over Oregon’s death with dignity law; supported exception for the exclusionary rule in Hudson v. Michigan (2006); took a narrow view of Miranda rights in Utah v. Strieff (2016); supported race neutrality in Parents Involved v. Seattle School District (2007); swing vote on Obamacare in NIFIB v. Seleblius (2012).

Owen J. Roberts (1930-1945) Author of decisions that often appeared to lack consistency; made famous “switch in time” to uphold minimum wage laws in West Coast Hotel Co. v. Parrish (1937); applied freedom of petition to states in Hague v. Congress of Industrial Organizations (1939); held that First Amendment religious freedom was binding on states in Cantwell v. Connecticut (1940); denied that states must provide counsel for indigent defendants in Betts v. Brady (1942); opposed Japanese displacement in Korematsu v. United States (1944; dissent); voted to uphold white primary in Smith v. Allwright (1944; dissent).

John Rutledge (1790-1791) Original member of the Court who served one uneventful year; agreed to return captured Dutch ship in his only opinion, Talbot v. Janson (1795).

Wiley B. Rutledge, Jr. (1943-1949†) Staunch liberal who defended preferred position of First Amendment freedoms in cases such as Thomas v. Collins (1945); argued that all of first eight amendments plus other rights were binding on states through Fourteenth Amendment; endorsed Japanese resettlement in Korematsu v. United States (1944).

Edward T. Sanford (1923-1930†) Moderate who wrote that freedom of speech guarantee of First Amendment was binding on states in landmark case, Gitlow v. New York (1925); often voted to uphold federal and state regulations of business.

Antonin Scalia (1986-2016†) Staunch conservative who advocated textualism and original understanding in his book A Matter of Interpretation (1997); denied that Constitution protected right to abortions or generic right of privacy in Cruzan v. Missouri Department of Health (1990; concurrence); supported broad protections of private property through takings clause, as in Lucas v. South Carolina Coastal Council (1992); rejected strict scrutiny test for restrictions on religious liberty in Employment Division, Department of Human Resources v. Smith (1990); consistently opposed affirmative action; usually defended freedom of expression, as in flag burning and hate speech cases; ordered end of Florida recount in Bush v. Gore (2000); denounced opponents of capital punishment in Glossip v. Gross (2015); opposed references to international law.

George Shiras, Jr. (1892-1903) Frequent supporter of using substantive due process doctrine to overturn economic regulations; supported liberal view of due process rights of individuals, as in Wong Wing v. United States (1896).

Sonia Maria Sotomayor (2009- ) First justice of Hispanic heritage; consistent support for liberal positions; particularly strong advocate for minority rights and affirmative action; opposed restrictions on Miranda rights in Berghuis v. Thompkins (2010); wrote a strong criticism of capital punishment in Glossip v. Gross (2015); critical of religious exemptions in Burwell v. Hobby Lobby (2014); highly critical of police behavior in Utah v. Strieff (2016); a very popular speaker at universities; recounts her person experiences in My Beloved World (2013).

David H. Souter (1990-2009) “Closet liberal” who defended expansive use of substantive due process in right of privacy cases, as in Planned Parenthood v. Casey (1992); consistent supporter of affirmative action and gay rights; skeptical of states’ rights; narrow view of property rights; expansive view of defendants’ rights; voted with the minority in Bush v. Gore (2000).

John Paul Stevens (1975-2010) Increasingly liberal positions on most issue; held that police usually need warrant to enter private home for an arrest in Payton v. New York (1980); argued for single standard of review for all equal protection cases; overturned an anti-indecency statute for the Internet in Reno v. ACLU (1997); insisted on high wall between church and state in cases such as Wallace v. Jaffree (1985); espoused narrow property rights under takings clause; reprimanded the the majority in Bush v. Gore (2000); Dissented in Citizens United v. FEC (2010).

Potter Stewart (1959-1981) Moderate who often broke tie votes; expanded right to public demonstrations in Edwards v. South Carolina (1963); liberalized Fourth Amendment protections in Katz v. United States (1967); consistently favored strengthening free speech; opposed substantive due process in 1965, but endorsed doctrine in Roe v Wade (1973; concurrence); held that women had no constitutional right to public funding of abortions in Harris v. McRae (1980); upheld capital punishment with due process in Gregg v. Georgia (1976); opposed racial preferences.

Harlan Fiske Stone (1925-1941; 1941-1946*†) Supporter of presumption of constitutionality when examining governmental regulations of business; wrote seminal “footnote four” (1938), suggesting special judicial scrutiny for minority rights and constitutional prohibitions; wrote many liberal dissents, such as Minersville School District v. Gobitis (1940), later accepted by Court’s majority.

Joseph Story (1812-1845†) Usually agreed with Chief Justice Marshall in federal powers over states, as in Martin v. Hunter’s Lessee (1816); tried to harmonize natural justice and positive law in cases such as the one involving the schoonerLa Jeune Eugénie (1822); ardent supporter of private property; author of influential Commentaries on the Constitution (1833); often dissented from rulings by the Taney Court.

William Strong (1870-1880) Defender of right of African Americans to ser ve jury duties in Strauder v. West Virginia (1880); supported laws mandating Christian practices and advocated constitutional amendment to recognize “supreme authority” of Christian revelation.

George Sutherland (1922-1938) Intellectual spokesman for substantive due process and property rights, as in Adkins v. Children’s Hospital (1923); favored selective application of first eight amendments to states; wrote opinions expanding rights of counsel and free expression, as in Powell v. Alabama (1932).

Noah H. Swayne (1862-1881) Dissenter in Slaughterhouse Cases (1873) and broadly interpreted individual rights under Fourteenth Amendment; defended Lincoln’s policies restricting civil liberties; not considered an outstanding justice.

William H. Taft (1921-1930*) Former president who gave a narrow view of congressional power under Tenth Amendment in Bailey v. Drexel Furniture Co. (1922); articulated “automobile exception” to Fourth Amendment in Carroll v. United States (1925); allowed use of wiretaps without warrant in Olmstead v. United States (1928); despite conser vatism, recognized legislative prerogatives in Adkins v. Children’s Hospital (1923).

Roger Brooke Taney (1836-1864*†) Maryland Jacksonian who gave greater support for states’ rights and less protection for private property than Marshall Court; applied Fifth Amendment to defend slave holders’ rights in Scott v. Sandford (1857); condemned President Lincoln’s “arbitrary arrests” in Ex parte Merr yman (1861).

Clarence Thomas (1991- ) Conservative African American who voted to restrict affirmative action, dipaarate impact; defendants’ rights, and rights of privacy and abortion; willing to reject stare decisis; expansive views of takings clause and states’ rights under Tenth Amendment; endorsed “neutrality” and “permissible content” tests for aid to religious schools in Mitchell v. Helms (2000); open to natural law considerations; joined majority in Bush v. Gore (2000); defended capital punishment in Glossip v. Gross (2015); Tells of his life in My Grandfather’s Son: A Memoir (2008).

Smith Thompson (1824-1843†) Defender of states’ authority over commerce unless directly conflicting with federal law; disagreed with Marshall in Ogden v. Saunders (1827); dissented in Cherokee Nation v. Georgia (1831).

Thomas Todd (1807-1826†) Jeffersonian who consistently supported Chief Justice Marshall; often absent because of illness and family affairs; more active on Seventh Circuit.

Robert Trimble (1826-1828†) Usually reliable supporter of Chief Justice Marshall’s views on federalism, but dissented in Ogden v. Saunders (1827).

Willis Van Devanter (1911-1937) One of conser vative “Four Horsemen” who consistently voted to support states’ rights and the liberty of contract doctrine; voted to overturn New Deal laws and dissented from the more liberal post-1937 decisions.

Fred M. Vinson (1946-1953*†) Moderate conservative on issues of free speech and national security, as in Dennis v. United States (1951); opposed racial segregation in early civil rights cases such as Sweatt v. Painter (1950); wrote the Steel Seizure Case (1952); consider one of the less successful chief justices.

Morrison R. Waite (1874-1888*†) Supporter of restricting authority of Congress to protect civil rights in United States v. Cruikshank (1876); rejected substantive due process as barrier to government regulations of business in Munn v. Illinois (1877); held that prohibition on polygamy did not violate First Amendment in Reynolds v. United States (1879).

Earl Warren (1953-1969*) Chief justice who presided over unprecedented expansion of individual liberties and civil rights; held that due process clause of Fifth Amendment mandated equal protection and prohibited racial segregation in Bolling v. Sharpe (1954); demanded due process principles in congressional investigations in Watkins v. United States (1957); ruled that police must inform detained persons of constitutional rights in Miranda v. Arizona (1966); ruled antimiscegenation laws violated equal protection and substantive liberty in Loving v. Virginia (1967); interpreted Eighth Amendment in terms of “evolving standards of decency” in Trop v. Dulles (1958).

Bushrod Washington (1799-1829†) George Washington’s favorite nephew who liberally defined privileges and immunities of national citizenship in Corfield v. Cor yell (1823); enforced Sedition Act of 1798 while riding circuit.

James M. Wayne (1835-1867†) Southern slave holder who concurred in Scott v. Sandford (1857), asserting that the Missouri Compromise violated the Fifth Amendment; moderate on Tenth Amendment; stayed on the Court during the Civil War; upheld Lincoln’s blockade in the Prize Cases (1863), but opposed test oaths after the war.

Byron R. White (1962-1993) Non-doctrinaire pragmatist who supported civil rights; gradually became critic of affirmative action; endorsed many restrictions on obscenity; supported prosecution of flag desecration; rejected idea of newsman’s privilege; favored an accommodationist view on public support of religious schools; advocated limitations on exclusionary rule and opposed requirement of Miranda warnings; dissented in Roe v. Wade (1973); rejected constitutional rights for homosexual practices in Bowers v. Hardwick (1986).

Edward D. White (1894-1910; 1910-1921*†) Holder of erratic positions on governmental powers to regulate economy; held that Fifth Amendment did not apply to Native American courts in Talton v. Mayes (1896); endorsed military conscription in Selective Draft Law Cases (1918).

Charles E. Whittaker (1957-1962) Non-ideological conservative who often provided swing vote in 5-4 decisions; one of first justices to apply equal protection clause to voting rights in Gomillion v. Lightfoot (1960; concurrence); wrote Staub v. Baxley (1958) overturning requirement of license with excessive discretion.

James Wilson (1789-1798†) Framer of the Constitution who combined ideas of popular sovereignty and strong national government in Lectures on Law (1790-1791); asserted doctrine of judicial review in Hayburn’s Case (1792); opposed states’ sovereign immunity in Chisholm v. Georgia (1793).

Levi Woodbury (1846-1851†) Defender of slavery who upheld the Fugitive Slave Law of 1793 in Jones v. Van Zandt (1847); usually supported the majority in the Taney Court, but dissented on grounds of states’ rights in the Passenger Cases (1849).

William B. Woods (1881-1887†) Narrowly interpreted the Fourteenth Amendment; overturned the Ku Klux Klan Act of 1871 in United States v. Harris (1883) based on the Tenth Amendment; wrote that the Second Amendment was not binding on states in Presser v. Illinois (1886).