PRESIDENTIAL AMBITIONS OF U.S. SUPREME COURT JUSTICES:

William G. Ross, Samford University

Abstract

A remarkably large number of U.S. Supreme Court justices have had presidential aspirations while serving on the Court. Several have conducted covert presidential campaigns, and a few nineteenth century justices even campaigned openly from the bench. In at least three quarters of the elections between 1832 and 1956, one or more justices attempted to obtain a presidential or vice presidential nomination or were prominently mentioned as possible candidates.

During the past half century, no Supreme Court justice appears to have entertained serious presidential ambitions, probably because no justice who has been appointed during the past fifty years has held any significant elective office before taking his or her seat on the Court.

This article surveys the history of presidential ambitions by Supreme Court justices and argues that the tendency of modern presidents to appoint justices who have not held public office has helped to enhance public confidence in the integrity and independence of the Court.

A justice who has presidential ambition could violate the Code of Judicial Conduct by allowing her ambitions to influence her votes or the manner in which she writes her opinions and by encouraging her to make public comments about issues that are likely to come before the Court. Such ambition also could create discord among the justices. Although justices who have served as elected officials may have valuable experience that would enhance their performance on the Court, presidents who appoint such justices should be careful to refrain from appointing anyone who is likely to have presidential ambitions.