Poor Justice Breyer...

[!!Random, Silly Trivia Warning!!]

When Justice Alito is sworn in this afternoon, it will end an amusing streak of near-record-setting length for a Supreme Court Justice: Longest time serving as the junior Associate Justice -- as the Conference "doorkeeper," if nothing else.

Justice Breyer, who was confirmed on July 29, 1994, took the oath of office on August 3, 1994, meaning that he will have served as junior Associate Justice for 11 years, five months, and 28 days, falling seventh months and three days shy [if my math is right; oh, the perils of being a math major-turned-law-prawf] of the all-time record-holder, who served as junior Associate Justice for 12 years, one month, and one day.

And who was that? [The answer's below the fold.]

Justice Joseph Story.

Now, there's actually a slight disagreement as to which date counts here, because the Supreme Court Historical Society and the Supreme Court website itself offer two different time-periods for the gap between Justice Story and the next Associate Justice, Smith Thompson. According to the former, Justice Story was confirmed on November 18, 1811, and Justice Thompson on December 19, 1823, a gap of twelve years, one month, and one day (and the gap I used above). But according to the Supreme Court website, which itself notes that some of its authorities are questionable, Justice Story took the oath of office on February 3, 1812, and Justice Thompson on September 1, 1823, a gap of eleven years, six months, and 29 days. [Of course, the difference could be absolutely correct, given the common historical gap between confirmation and oath-taking.] And it probably stands to reason that it's the oath, and not the confirmation, that matters...

But it's not a real controversy, though, since either way, Justice Breyer comes up short. Too bad!