III. The Taney Court

1836–1864

Jacksonian democracy meets the slavery crisis. A capable Court remembered for its single catastrophic decision.

John McLean

Associate Justice
1829–1861 · Jackson

A perennial presidential aspirant who served 31 years. Best known for his powerful dissent in Dred Scott arguing that Scott was a free man.

Henry Baldwin

Associate Justice
1830–1844 · Jackson

A mercurial Pennsylvania jurist known for erratic behavior on and off the bench, including a period of alleged mental instability.

James M. Wayne

Associate Justice
1835–1867 · Jackson

A Georgia Unionist who remained on the Court throughout the Civil War, estranged from his home state and labeled a traitor in the South.

Roger B. Taney

5th Chief Justice of the United States
1836–1864 · Jackson

A capable jurist whose otherwise distinguished career was obliterated by the catastrophic Dred Scott decision — the most consequential and reviled ruling in Court history.

Philip P. Barbour

Associate Justice
1836–1841 · Jackson

Former Speaker of the House who died in his sleep during a Court term, serving only five years.

John Catron

Associate Justice
1837–1865 · Jackson

A Tennessee Jacksonian who joined the Dred Scott majority but sided with the Union in the Civil War. His seat was abolished by Congress upon his death.

John McKinley

Associate Justice
1838–1852 · Van Buren

An Alabama senator turned justice who drew the enormous Ninth Circuit — thousands of miles of travel a year — and complained, with cause, that the assignment was unworkable.

Peter V. Daniel

Associate Justice
1842–1860 · Van Buren

The most doctrinaire states'-rights justice of the antebellum era. Dissented from nearly every expansion of federal power.

Samuel Nelson

Associate Justice
1845–1872 · Tyler

Tyler's only successful Court appointment after four failed nominations. A steady New York property lawyer who preferred narrow rulings — his draft Dred Scott opinion would have avoided the catastrophe.

Levi Woodbury

Associate Justice
1845–1851 · Polk

The first justice to have attended law school — after a career as Governor of New Hampshire, senator, and Treasury Secretary. Died after just six years on the bench.

Robert C. Grier

Associate Justice
1846–1870 · Polk

A Pennsylvania jurist whose tenure ended in controversy when colleagues urged him to resign due to cognitive decline — one of the Court's earliest incapacity crises.

Benjamin R. Curtis

Associate Justice
1851–1857 · Fillmore

Author of the great dissent in Dred Scott. Resigned in protest over Taney's conduct — the only justice ever to resign on principle over a ruling.

John A. Campbell

Associate Justice
1853–1861 · Pierce

A brilliant Alabama jurist who resigned to join the Confederacy, serving as its Assistant Secretary of War — then argued the Slaughterhouse Cases after the war.

Nathan Clifford

Associate Justice
1858–1881 · Buchanan

A Maine Democrat who served 23 years and presided over the Electoral Commission of 1877. Refused to resign despite failing health, hoping a Democrat would name his successor.