Chief Justice John Roberts clerked for then-Justice William Rehnquist in 1980–81 and also argued thirty-nine cases before the U.S. Supreme Court while he was in public service (deputy solicitor general) and in private practice (with a Washington, D.C., law firm). Roberts became the fifth justice (along with Justices Byron White, William Rehnquist, John Paul Stevens, and Stephen Breyer) to have previously served as a law clerk on the U.S. Supreme Court. Before his nomination to the U.S. Supreme Court, Roberts served as a judge on the U.S. Court of Appeals for the District of Columbia Circuit.

Justice John Paul Stevens served as a judge on the Seventh U.S. Circuit Court of Appeals prior to his nomination. Justices Antonin Scalia, Clarence Thomas, and Ruth Bader Ginsburg were all judges on the U.S. Court of Appeals for the District of Columbia Circuit. Anthony Kennedy was a judge on the Ninth U.S. Circuit Court of Appeals for nearly thirteen years before his nomination. David Souter and Stephen Breyer were both judges on the First U.S. Circuit Court of Appeals before their nominations. Justice Samuel Alito served as a judge on the Third U.S. Circuit Court of Appeals before his nomination.