The Nine: Inside the Secret World of the Supreme Court

Rehnquist served on the Court from 1971 to his death in 2005. He was appointed by Richard Nixon and served as an associate justice before Ronald Reagan nominated him to become chief justice in 1985, replacing Warren Burger. He was conservative in his voting, on issues such as federalism and abortion.

Stevens was appointed by Gerald Ford and served on the Court from 1975 to 2010. Although he was appointed by a Republican president, he became a steady liberal voice on the Court. His long tenure on the bench also gave him patience from a long-term perspective, as he knew that judicial thought evolved over time and often circled back to previous interpretations. 

O’Connor served as justice from 1981 to 2005. She was appointed by Ronald Reagan, and generally voted conservative, especially in her early years on the Court. As she moved leftward a bit in later years, she was often a swing vote in cases, siding with either the conservatives or the liberals. Above all, she sought balance and a middle ground, and the practical over the theoretical. She was especially close to Rehnquist and Breyer.

Scalia was appointed by Ronald Reagan in 1986 and served until his death in 2016. He was a staunch conservative and an originalist who sought to apply the law strictly as the framers of the Constitution had originally intended it. He had an expansive personality, was not afraid to mix it up with anyone, and could be caustic in his writing. He was not a coalition builder, however, and did not often attract other justices to his view. 

Kennedy was also appointed by Reagan, serving from 1988 to 2018. Like O’Connor, he turned out to be another swing vote, vacillating between conservative and liberal at times. After 2000, his voting became more liberal overall, as he was more influenced by international law (especially European law).

Souter served from 1990 to 2009. He was largely unknown when nominated by George H. W. Bush, but Bush’s chief of staff, John Sununu, vouched for him as they were both from New Hampshire. He disappointed Republicans who wanted a strong and unwavering conservative on the bench. His judicial philosophy fit neatly into neither right nor left. He saw the role of the Court as maintaining stability in society and protecting individual freedoms from legislative restriction, and he gave a great deal of weight to legal precedent. 

Thomas was selected by George H. W. Bush, and became a justice in 1991, after a bruising confirmation process in which he was accused of sexual harassment by a former employee. The Bush team had promised Republicans a staunch conservative after Souter, and that’s what they got with Thomas. If anyone was to the right of Scalia, it was Thomas, a fellow originalist. While he was friendly to everyone, he kept to himself, asked very few questions during oral argument, and was assigned relatively few cases for which to write the opinion. As of 2019, he continued to serve on the Court.

Ginsburg was appointed by Bill Clinton in 1993. A pioneering jurist in the area of women’s rights, she often relied on the Equal Protection Clause of the 14th Amendment to win cases that ensured the rights of women. She votes consistently liberal, and as of 2019, continued to serve on the Court.

Breyer was also appointed by Clinton, serving from 1994. He had served as a lawyer to the Senate Judiciary Committee, and came away with a strong appreciation for Congress. He is good at entreating his fellow justices to collect votes for his view, and is a consistently liberal voice. He was particularly close to O’Connor but forms coalitions easily. As of 2019, he continued to serve on the Court.

Roberts was appointed chief justice by George W. Bush to replace Rehnquist when he died in 2005. He was legal star from the start and almost preternaturally disposed to be on the Supreme Court. He is amiable and even-handed, and generally votes with the conservatives. In a number of cases, his majority opinions have voted against precedent without actually overturning the precedent. As of 2019, he continued to serve on the Court.