List of Jewish United States Supreme Court Justices - History

History

In 1916, Louis Brandeis became the first Jewish nominee to the Supreme Court, and after a tumultuous hearing process, he was confirmed later that same year. The 1932 appointment of Benjamin Cardozo raised mild controversy for placing two Jewish justices on the Court at the same time, although the appointment was widely lauded based on Cardozo's qualifications, and the Senate was unanimous in confirming Cardozo. Brandeis was succeeded by Protestant William O. Douglas, but Cardozo was succeeded by three consecutive Jewish justices, the first being Felix Frankfurter. Frankfurter was followed by Arthur Goldberg and Abe Fortas, each of whom filled what became known as the "Jewish Seat". After Fortas resigned in 1969, he was replaced by Protestant Harry Blackmun.

No Jews were nominated thereafter until President Ronald Reagan nominated Douglas H. Ginsburg in 1987 to fill the vacancy created by the retirement of Lewis F. Powell; however, this nomination was withdrawn, and the Court remained without any Jewish justices until 1993, when Ruth Bader Ginsburg (unrelated to Douglas Ginsburg) was appointed to replace Justice Byron White. Ginsburg was followed in relatively quick succession by the appointment of Stephen Breyer in 1994 to replace Justice Harry Blackmun. Following the confirmation of Ginsburg and Breyer, the Supreme Court Historical Society published The Jewish Justices of the Supreme Court Revisited: Brandeis to Fortas in 1994, with forewords by both currently serving Jewish justices, Ruth Bader Ginsburg and Stephen Breyer.

On May 10, 2010, President Barack Obama nominated Solicitor General Elena Kagan to fill the vacancy being left by the resignation of Justice John Paul Stevens. Kagan was confirmed by the Senate on August 5, 2010 by a vote of 63-37, and was sworn in as the 112th justice of the Supreme Court on August 7, 2010 by Chief Justice John Roberts.