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Which justices, who were recess appointments, actually served on the Court before the Senate voted on their confirmations?

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Five justices served on the bench before Senate confirmation. They are: John Rutledge, Benjamin R. Curtis, Earl Warren, William Brennan, and Potter Stewart. Of these five, only Rutledge was not confirmed. There have been ten other justices who were recess appointments, but they did not take their seats until after confirmation. They are: Thomas Johnson, Bushrod Washington, Alfred Moore, Henry Brockholst Livingston, John McKinley, Levi Woodbury, David Davis, John Marshall Harlan, and Oliver Wendell Holmes.


Future president John Quincy Adams was offered a position as U.S. Supreme Court justice by President James Madison. Adams, shown here in 1843, went on to become secretary of state, president, and U.S. representative from Massachusetts. He also represented a group of Africans in the famous Amistad case in 1841. Hulton Archive/Getty Images.


William Rehnquist was one of two U.S. Supreme Court chief justices to preside over a presidential impeachment trial. Here, Rehnquist listens to testimony in the Senate chamber during the impeachment trial of President Bill Clinton on February 12, 1999. AP Images.

The Handy Supreme Court Answer Book

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