Article III of the United States Constitution states that, “The judicial Power of the United States, shall be vested in one supreme Court, and such inferior Courts as the Congress may from time to time ordain and establish.” The Constitution does not provide any criteria for who may serve on the Supreme Court. Rather, Article II states that the President shall, “with the Advice and Consent of the Senate,” appoint the members of the Court.

There have been 114 Supreme Court justices since its founding in 1789. Over the history of the Court, justices have come from a range of backgrounds. Chief Justice John Marshall, described as “The Man Who Made the Supreme Court,” was the secretary of state. William Howard Taft had previously been president. Other appointees included governors, senators and attorneys general as well as from lesser offices and private practice.

Most Justices have been Protestant white men. The first Roman Catholic was Chief Justice Roger Taney in 1836, and no other Roman Catholic was appointed until 1894. The first Jew was Louis Brandeis, appointed in 1916. To date, there have been two African-Americans, Thurgood Marshall, appointed in 1967, and current Justice Clarence Thomas. The only Hispanic, to date, is Justice Sonia Sotomayor.