The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

A Third Justice Jackson?

Justice Howell Edmunds Jackson, Justice Robert Houghwout Jackson, and Justice Ketanji Brown Jackson?

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According to several reports, President Biden has made his selection to replace Justice Breyer. If Biden picks Judge Ketanji Brown Jackson, she would be the third member of the Supreme Court with the last name Jackson. Everyone knows Justice Robert Houghwout Jackson, who served from 1941 through 1954. But most people do not know Justice Howell Edmunds Jackson. He was appointed by President Benjamin Harrison, and served from 1893 through 1895.

There are nine other pairings with two Justices that share the same last name.

  1. Chief Justice John Marshall (1801-1835) and Justice Thurgood Marshall (1967-1991)
  2. Justice John Rutledge (1790-1791) and Justice Wiley Rutledge (1943-1949)
  3. Justice Thomas Johnson (1792-1793) and Justice William Johnson (1804-1834)
  4. Justice Samuel Chase (1796-1811) and Chief Justice Salmon Chase (1864-1873)
  5. Justice John Marshall Harlan I (1877-1911) and Justice John Marshall Harlan II (1955-1971)
  6. Justice Lucius Quint C. Lamar (1888-1893) and Justice Joseph Rucker Lamar (1911-1916)—(they were cousins)
  7. Justice Edward Douglas White (1894-1910) and Justice Byron White (1962-1993)
  8. Justice John Hessin Clarke (1916-1922) and Justice Tom C. Clark (1945-1967)—(close enough on the spelling)
  9. Justice Owen Josephus Roberts (1930-1945) and Chief Justice John C. Roberts (2005-any day now)