Feature image: Samuel Montague Fassett, The Waite Court, Spring 1876 via The Supreme Court
The History and Evolution of the Supreme Court Portrait
The United States Supreme Court is the highest in the nation's judiciary branch. First established in 1789, the top of the court’s entrance states "EQUAL JUSTICE UNDER LAW," something every person approaching the judicial branch is reminded of whenever they approach the highest court in the United States. This specific wording was chosen to “express the ultimate responsibility of the Supreme Court of the United States,” per the Supreme Court.
Even though the Supreme Court exists for this role, their presentation to the public changes from paintings to photos. From the history of the portrait and its longstanding tradition, the implications for portraits when new justices are appointed with the explosion of photography into the mainstream.
Like all other visual immortalizations in art history, Supreme Court portraits were painted before the invention of the camera. These first portraits of the Supreme Court captured them in more informal settings. Although it was commonplace for oil paintings to take hours to complete, requiring consistent concentration from both the artist and the subject, photographing these political figures opened avenues for reimagining how we want them to be perceived. The constant and rigid atmospheres associated with posing for oil paintings left an expectation for showing your best self for such a time commitment.
From Paint to Photography: The First Supreme Court Portraits
This could be because of the nature of early photography, as it took a long time to stand still and ensure the image developed as clearly as possible. When introducing a new medium such as this, it must be worth either the justices' time or producing a higher quality product. Painters could paint with the assumption of realism clearer than early cameras, so cameras instead provided a more relaxed portraitmaking experience for the justices. Their comfortable, conversational poses convey this convenience, one only innovation offers.
The very first Supreme Court photo was taken in 1867 by Alexander Gardner. In the 1890s, it was common practice for Justices to autograph portraits as tourist collectibles, but as camera technology improved, their poses became more standardized. At this point, the most exciting part of the portraits was their existence. Having readily available pictures of the officials representing the People made the public feel more connected and informed on political processes, retaining and remembering the faces behind the names governing the country. You most likely would know who the candidates you voted for looked like and who they were, but not necessarily the justices who were appointed by the president, making the third branch of government feel more distant from the People, which made it difficult to reinforce the idea of checks and balances in a court they had little part in forming.
As more justices join the Court, we can analyze and observe the fluidity of style, identity, and public opinion from how photographers organize the justices for photos. In addition, these portraits reflect how the Supreme Court change, and the public eye changed. Justices sit in order based on how long they’ve served on the court with the Chief Justice in the center.
Since this first photo, more and more rules and guidelines have been created for poses and dress, updating the changing court to fit a growing nation. For example, she is five feet one inch tall but far from being the shortest justice in American history. That title belongs to Justice Alfred Moore, who stood at a whopping four feet five inches tall. While we don’t have his camera photos, you wonder what photographers would have done to capture the still, relaxed poses of the mid-19th century with such drastic height differences.
Justice Brown’s first Supreme Court portrait alongside the other justices in the top right, standing next to Justice Roberts. Per AP News, her “class photo,” as Supreme Court photographers call it, was the first of its kind, commemorating the first Black female Supreme Court justice and the first time four women served on the highest court in the United States together.
The Digital Age: How Supreme Court Portraits Adapted
With the rise of digital media, it became easy to recognize justices worldwide. Now, the act of autographing prints and photos is merely a tradition kept for a few lucky pictures. However, because of the rise of digital media, even if you don’t recognize all the faces on the Supreme Court, their positioning and poses are immediately recognizable as a Supreme Court photo. Photography is now allowed in the courtroom when the justices are hearing cases, so these group portraits are some of the only times justices are photographed together. New portraits are only taken when a new justice is appointed.
As the public calls for more transparency, relatability, and reliability from the Supreme Court, their portraits may change to cater to this. The level of professionalism in these photos is unmatched, continuing to reinforce the concept of an objective court interpreting the present to set a precedent for the future. As more contemporary ideas surround hierarchical representations of organizations, the organization of justices has also changed. It is a changing medium in a changing world, and future portraits will illuminate both intended perceptions and widespread public responses, from newsroom floors to the court of public opinion.
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