Who was the shortest US Supreme Court justice?

Answer 1

Second Chief Justice John Rutledge served the shortest term of office, from July 1, 1795 until December 28, 1795. The Senate rejected President Washington's recess appointment of Rutledge on December 15, 1795, but he was allowed to serve the remainder of the year, per the conditions established under Article II of the Constitution.

Some historians claim Rutledge only served four months as Chief Justice. This is calculated from the time he took the Oath of Office on August 12, 1795 (not his appointment date of July 1) until his Senate rejection on December 15 of that year.

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Answer 2

Answer

The second Chief Justice, John Rutledge, who served from July 1, 1795, until December 28, 1795, a mere 180 days.


Explanation

President Washington nominated John Rutledge to the newly formed US Supreme Court in September 1789; the Senate voted to approve his confirmation on September 26, and Rutledge accepted the commission. For unknown reasons, John Rutledge never actually sat on the bench as an Associate Justice, nor did he fulfill any of his other obligations to the Court. Instead, he stayed in his home state, South Carolina, and served on the Court of Chancery until elected Chief Justice of the South Carolina Court of Common Pleas and Sessions in 1791. Rutledge formally resigned as Associate Justice of the US Supreme Court March 5, 1791.

John Jay, first Chief Justice of the United States (Supreme Court), was elected Governor of New York in 1795. Rutledge heard that Jay's position on the Court was vacant, and wrote to President Washington asking to be appointed Chief Justice. Washington agreed, and made a recess appointment during Congress' summer break, placing Rutledge in office on July 1, 1795.

Under ordinary circumstances, Supreme Court justices are nominated by the sitting President with the "advice and consent" of the Senate. The appointment is not finalized unless a simple majority of Senators vote to confirm the nomination. When an position is filled by recess appointment, the Senate vote is deferred until the next session of Congress.

In 1795, the Supreme Court met twice a year, in February and August. Rutledge traveled from South Carolina to the nation's capital, Philadelphia, was sworn in as Chief Justice, and convened the August session. He then returned home to prepare for circuit-riding.

The Senate eventually got around to considering Rutledge's appointment on December 15, 1795, and decided some of the new Chief Justice's behavior immediately prior to his recess appointment (such as burning John Jay in effigy) indicated he was emotionally unstable. The Senate rejected Rutledge's nomination by a vote of 10-14, effective the last day of the year.

John Rutledge may have received word through the grapevine before the Senate's official decision arrived and tendered his resignation to President Washington by letter on December 28, 1795.

Despondent over his loss, Rutledge attempted suicide by throwing himself off a pier into the harbor at Charleston, but was rescued by two passing slaves. He lived the remainder of his days in seclusion.


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Answer 3

Good Question!

The commonly accepted belief is that Thomas Johnson served the least time on the Court, at 164 days (some calculations only credit 163 days); however, the truth is more difficult to decipher. The answer is subjective due to the events surrounding the commission and service of two justices, Thomas Johnson and John Rutledge, and is further complicated by the inconsistent method used to calculate time on the court, introducing a third possibility, James Francis Byrnes.


John Rutledge

Rutledge was among the first justices appointed to the US Supreme Court in 1789. President Washington presented Congress with the nominations of six justices on September 24, 1789, and Congress confirmed all six by Voice Vote on September 26. One justice, Robert Harrison, declined the appointment (and was later replaced by James Iredell), but John Rutledge accepted the commission.

Most historical accounts show Rutledge as an active member of the Court from September 26, 1789 until March 5, 1791; however, Rutledge never undertook any of the responsibilities of an Associate Justice, and never actually sat on the bench. He remained in his home state of South Carolina where he was elected Chief Justice of the South Carolina Court of Common Pleas and Sessions, and formally resigned his position on the US Supreme Court in March 1791.

When the first Chief Justice of the United States, John Jay, was elected Governor of New York in 1795, Rutledge wrote to President Washington, volunteering his services as Jay's replacement on the Court. President Washington agreed, and made a recess appointment effective July 1, 1795. Rutledge took the Judicial Oath of Office on August 10, 1795, immediately before convening the Supreme Court's August Term.

Because Rutledge assumed office while Congress was on summer recess, his appointment was subject to a deferred Senate vote, in accordance with constitutional law. When the Senate met in the fall, many professed concerns about Rutledge's mental stability, and rejected his nomination by a vote of 10-14 on December 15, 1795, effective the last day of the year.


Thomas Johnson

President Washington nominated Thomas Johnson to the Supreme Court on August 5, 1791, to replace John Rutledge, who had resigned as Associate Justice in March of that year. Johnson's recess appointment was approved by the Senate on November 7, 1791.

Johnson was in poor health, and was unable to attend to the Court's circuit riding responsibilities; however, he was assigned to sit on the Circuit Court for the District of Virginia, in Richmond, in the fall of 1791, and by all accounts managed to fulfill this duty.

When the Supreme Court convened its February 1792 Term, Johnson was too ill to travel and missed the session. He attended the August 1792 Term, at which time he was sworn in as a member of the Court. Johnson had hoped Congress would relieve the Supreme Court of its Circuit duties at the fall 1792 session. When they failed to pass the expected legislation, Johnson decided his health was too fragile to handle the rigors of his position, and he resigned on January 16, 1793.

Johnson's tenure on the Supreme Court is calculated differently from John Rutledge's, for some reason. According to most sources, Johnson's service as Associate Justice ran only from August 5, 1792, until January 16, 1793, a total of 164 days. Presumably, the clock started running when Johnson was officially sworn in on August 5. This does not credit the time he spent in the Court's service on the Circuit in Richmond, in the fall of 1791.

While Rutledge's time as Associate Justice is calculated from the date of his commission until his resignation, Johnson's is not. Rutledge's time as Chief Justice is calculated from the date of his commission until the last day of 1795; Johnson's time as Associate Justice ignores his recess appointment entirely, despite historical documentation demonstrating he was commissioned, and accepted, in August 1791.

Compare the following data:

Johnson: Total days from confirmation until resignation: 530
Rutledge: Total days from confirmation until resignation: 705 (combined)

Johnson: Total days active service from Oath until resignation: 164
Rutledge: Total days active service from Oath until termination: 143

Johnson: Total days active service between commission and Oath: ≥1
Rutledge: Total days active service between commission and Oath: 0


James Francis Byrnes

To complicate matters, a third justice, James Francis Byrnes, served on the Court from June 12, 1941, until his resignation on October 3, 1942. Byrnes case is more straightforward, as his tenure is undisputed and uncomplicated by the demands of the early Court.

If time on the US Supreme Court is calculated from date of confirmation until resignation and/or termination, as in Rutledge's case, Byrnes tenure is shortest of the three.

Johnson: Total days from confirmation until resignation: 530
Rutledge: Total days from confirmation until resignation: 705 (combined)
Byrnes: Total days from confirmation until resignation: 478

If, on the other hand, time on the Court is calculated as number of days active service between Oath and resignation, as in Johnson's case (which excludes time spent on the Circuit in service of the Supreme Court) Rutledge's tenure is shortest of the three.

Johnson: Total days active service from Oath until resignation: 164
Rutledge: Total days active service from Oath until termination: 143
Byrnes: Total days active service from Oath until resignation: 465

Answer 4

David Rice Atchison. He claimed that for one day(March 4,1849), he may have been acting president.

Answer 5

William Henry Harrison served as President of the United States from March 4, 1841, until April 4, 1841, when he died of pneumonia.

Answer 6

Justice Elena Kagan has served the shortest time on the Supreme Court. She was confirmed in 2010 after Justice John Paul Stevens retired.

Answer 7

William Henry Harrison at 42 Days.

Answer 8

Probably Harry Blackmun