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Updated: May 18, 2025
The nine members of the Supreme Court are all old men. Four of them were born before 1850; eight of them were born before 1860; one of them was born since 1861, that is, James C. McReynolds, who was born in 1862. There is not a single member of the Supreme Court bench born since the Civil War.
Perhaps a hint as to the reasons actuating the majority of the Court may be found in the brief concurring memorandum of Mr. Justice McReynolds. He said: I do not dissent from the disposition of these causes as ordered by the Court, but confine my concurrence to that. It is impossible now to say with fair certainty what construction should be given to the Eighteenth Amendment.
Three of them began the practice of law before 1870; six of them began to practice law before 1880; nine of them before 1884. The last member of the Supreme bench to be admitted to the practice of law, Justice McReynolds, was admitted in 1884. The Supreme Court Justices were educated in the generation preceding the modern epoch of financial imperialism.
A man by the name of McReynolds violated these orders, and harbored Quantrell, the guerilla, and the officer who detected it, after stating all the facts and evidence, reported to me as follows: On consultation with the squadron commanders, Captain Hamblin and Lieutenant Grain, it was decided to execute McReynolds, which was carried out under my orders.
The oldest man on the bench is Justice Holmes, seventy-seven; the youngest man on the bench is Justice McReynolds, fifty-seven; the average age of the justices of the Supreme Court is sixty-six years. These men all began practising law while we were children, or before we were born.
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