Today in Supreme Court History: January 7, 1972

1/7/1972: Justices Lewis F. Powell and William H. Rehnquist take oaths.

The Burger Court (1972-1975)

 

Comments

[JoeFromtheBronx]

Powell was senior to Rehnquist because of age.

https://www.supremecourt.gov/about/oath/supremecourtoathfirstsandtrivia.aspx

As he repeated his oath after Chief Justice Burger, Justice Powell inadvertently omitted the word “impartially” from the usual promise to discharge all the duties of his office faithfully and impartially. Chief Justice Burger hesitated and then went on with the rest of the oath.

https://www.nytimes.com/1972/01/08/archives/powell-and-rehnquist-take-seats-on-the-supreme-court.html

[F.D. Wolf]

Despite coming from the Supreme Court's official website, I believe the information on their respective seniority is incorrect. Powell had seniority because his commission bore the earlier date. 28 U.S.C. sec. 4 reads:

Associate justices shall have precedence according to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age.

That has been the law since the Judiciary Act of 1789, which created the Supreme Court. Powell's commission was dated December 9, 1971, while Rehnquist's was dated December 14, 1971.

[JoeFromtheBronx]

The official seniority rule is duly noted.

The other claim is also found here:

https://constitutioncenter.org/blog/10-fascinating-facts-on-the-supreme-courts-birthday

OTOH, credit where credit is due, the commission rule is currently cited on the "Associate Justice of the Supreme Court of the United States" Wikipedia page.

[SRG2]

Rehnquist - the US's answer to Lord Goddard.