Five justices served on the bench before Senate confirmation. They are: John Rutledge, Benjamin R. Curtis, Earl Warren, William Brennan, and Potter Stewart. Of these five, only Rutledge was not confirmed. There have been ten other justices who were recess appointments, but they did not take their seats until after confirmation. They are: Thomas Johnson, Bushrod Washington, Alfred Moore, Henry Brockholst Livingston, John McKinley, Levi Woodbury, David Davis, John Marshall Harlan, and Oliver Wendell Holmes.