There Have Been Three Justice Jacksons

In A Republic, Justice Gorsuch shares a poignant story from his time working for his former boss, Justice White:

THESE DAYS I SOMETIMES find myself thinking back a quarter century to a day when, as a law clerk, I was walking with my boss, Justice Byron White, along the ground-floor hallway of the Supreme Court. As we passed portrait after portrait of former justices, he asked me how many of them I could name. As much as I wanted to impress the boss, I admitted the answer was about half. The justice surprised me when he said, “Me too. We’ll all be forgotten soon enough.”

Justice White’s words ring true.

During a recent event, Justice Kavanaugh referenced Justice Robert Jackson, and humorously added, “or as we like to refer to him, the first Justice Jackson.” Oh dear.

While Justice Robert Houghwout Jackson is well-known for his service from 1941 through 1954, Justice Howell Edmunds Jackson, appointed by President Benjamin Harrison, is a lesser-known figure who served from 1893 through 1895. Unfortunately, he has been largely forgotten. KBJ is actually the third Justice Jackson.

Just before KBJ’s appointment, I compiled a list of other Justices who shared a 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)