was the first Justice to have formally attended a law school.
Stanley F. Reed
was the last sitting Justice not to have received a law degree.
The Constitution of the United States does not require that any federal judges have any particular educational or career background, but the work of the Court involves complex questions of law – ranging from constitutional law to administrative law to admiralty law – and consequentially, a legal education has become a de facto prerequisite to appointment on the Supreme Court. Every person who has been nominated to the Court has been an attorney.
Before the advent of modern law schools in the United States, justices, like most attorneys of the time, completed their legal studies by "reading law" (studying under and acting as an apprentice to more experienced attorneys) rather than attending a formal program. The first Justice to be appointed who had attended an actual law school was Levi Woodbury, appointed to the Court in 1846. Woodbury had attended Tapping Reeve Law School in Litchfield, Connecticut, the most prestigious law school in the United States in that day, prior to his admission to the bar in 1812. However, Woodbury did not earn a law degree. Woodbury's successor on the Court, Benjamin Robbins Curtis, who received his law degree from Harvard Law School in 1832, and was appointed to the Court in 1851, was the first Justice to bear such a credential.
Associate Justice James F. Byrnes, whose short tenure lasted from June 1941 to October 1942, was the last Justice without a law degree to be appointed; Stanley Forman Reed, who served on the Court from 1938 to 1957, was the last sitting Justice from such a background. In total, of the 114 Justices appointed to the Court, 48 have had law degrees, an additional 18 attended some law school but did not receive a degree, and 47 received their legal education without any law school attendance.
Four or more Justices
- Harvard Law School – 20 alumni; 16 graduates
- Harry Blackmun
- Louis Brandeis
- William J. Brennan, Jr.
- Stephen Breyer
- Henry Billings Brown – also studied law at Yale, did not receive law degree from either
- Harold Hitz Burton
- Benjamin Robbins Curtis
- Felix Frankfurter
- Melville Fuller – did not graduate; Chief Justice
- Ruth Bader Ginsburg – graduated from Columbia Law School
- Neil Gorsuch
- Oliver Wendell Holmes, Jr.
- Elena Kagan
- Anthony Kennedy
- William Henry Moody – did not graduate
- Lewis Franklin Powell, Jr. – LLM graduate
- John Roberts – Chief Justice
- Edward Terry Sanford
- Antonin Scalia
- David Hackett Souter
- Yale Law School – 11 alumni, 9 graduates
- Samuel Alito
- Henry Billings Brown – also studied law at Harvard, did not receive law degree from either
- David Davis
- Abe Fortas
- Brett Kavanaugh
- Sherman Minton – LLM graduate, attended Indiana University
- George Shiras, Jr. – did not graduate
- Sonia Sotomayor
- Potter Stewart
- Clarence Thomas
- Byron White
- Columbia Law School – 7 alumni, 4 graduates
- Benjamin N. Cardozo – completed two years, did not graduate
- William O. Douglas
- Ruth Bader Ginsburg – also attended Harvard Law School
- Charles Evans Hughes – Chief Justice
- Joseph McKenna – studied at the law school, did not graduate
- Stanley Forman Reed – also attended University of Virginia School of Law, did not graduate from either
- Harlan Fiske Stone – Chief Justice
University or college trained
These justices were educated at the equivalent of what would today be an undergraduate level, but did not receive legal education at the graduate level, the model under which law schools in the U.S. are currently organized.
No university legal education
Some justices received no legal education in a university setting, but were instead either trained through apprenticeships or were self-taught, as was common with many lawyers prior to the mid-20th century.
- ^ Jeffrey A. Segal, Harold J. Spaeth, The Supreme Court and the Attitudinal Model Revisited (2002) p. 182.
- ^ a b Henry Julian Abraham, Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Bush II (2007), p. 49.
- ^ John Q. Barrett, Albany in the Life Trajectory of Robert H. Jackson, 68 Alb. L. Rev. 513, 529 (2005)
- ^ John M. Ferren, Salt of the Earth, Conscience of the Court: The Story of Justice Wiley Rutledge (2004) p.31, available at https://books.google.com/books?hl=en&lr=&id=eYxoeW1_AXsC&oi=fnd&pg=PR9&dq=wiley+b.+rutledge+biography&ots=rf9KxIpccB&sig=rYkVZWRICGJ-9M2dxgZMas_INJg#v=onepage&q=wiley%20b.%20rutledge%20biography&f=false
- ^ Fowler v. Harper, "Justice Rutledge and The Bright Constellation" (1965) pp.9-10