Mr. Justice Holmes Reaches 85
Brilliant and Learned Member of the Supreme Court Bears Three Wounds Received in the Civil War – His Judicial Opinions Sound a Human Note – A Striking Figure on the Bench
Supreme Court Justice Oliver Wendell Holmes turned 85 in 1926, while still serving on the bench. A New York Times Magazine profile article marked the occasion.
For comparison, the oldest of the nine current justices, Clarence Thomas, is “only” 77.
The journalist Carson C. Hathaway wrote in 1926:
The president who nominated him was 44. Yet Roosevelt has been dead these seven years, while Mr. Justice Holmes continues to be a member of the highest court in the land. He has lived in the administration of every president from that of William Henry Harrison on to the present.
Hathaway also noted that Holmes was a Civil War veteran for the Union Army:
The memories of Antietam remain. It is said that even today he would rather be called plain “Colonel” Holmes than to be called an Associate Justice.
At the time of the 1926 article’s publication, Holmes had just become only the second justice in history to still serve on the bench at age 85. The only other, at the time: Roger Taney, who served from 1836-64, dying on the Court at 87.
In the century since Holmes accomplished the feat, five other justices have also reached age 85 while still on the bench: Hugo Black, Harry Blackmun, Stephen Breyer, Ruth Bader Ginsburg, and John Paul Stevens.
How much longer would Holmes last on the bench? In 1926, the journalist Hathaway wrote, it was anybody’s guess:
Reports have been circulated from time to time that Justice Holmes was about to retire. Such statements have not come from Justice Holmes himself. Many of those who know him best believe that so long as it is possible for him to render valuable service, he will continue in his work.
The answer: Holmes eventually retired in 1932, about six years after that article’s publication, at 90 years 10 months – remaining the oldest justice to this day.
He died in 1935, at age 93, only two days shy of his 94th birthday.
Interestingly, although Holmes remains the oldest justice in American history, he’s nowhere near the longest-tenured justice. Indeed, he only ranks #18 on that metric.
Why? Because he was sworn in at the relatively old age of 61, making him the #15 oldest justice as ranked by age when first sworn in.
For comparison, none of the nine current justices were that old when first sworn in. The oldest of the current nine was Samuel Alito, at age 55 – a solid six years younger than Holmes was.
All data comes from this source: https://threestory.com/scotus/scotus_all.html
Mr. Justice Holmes Reaches 85: Brilliant and Learned Member of the Supreme Court Bears Three Wounds Received in the Civil War – His Judicial Opinions Sound a Human Note – A Striking Figure on the Bench
Published: Sunday, March 7, 1926