In November 15, 1811, at the age of 32 years, 58 days, Story became—and, as of 2020 remains—the youngest person nominated to serve on the U.S. Supreme Court.
He was chosen by President James Madison to succeed William Cushing, who had died 14 months earlier.
Madison's previous nominee for the seat, John Quincy Adams, was confirmed by the United States Senate, but had declined to serve.
The Senate confirmed Story's nomination and Madison signed his commission on November 18, 1811.
Story swore his oath and assumed office on February 3, 1812.

Story's opinion in Martin v. Hunter's Lessee was profoundly significant before Story ever so much as addressed the issue explicitly.
The manner in which Story framed the American republic is profoundly indicative of his philosophy.
Story noted, "The Constitution of the United States was established, not by the states in their sovereignty capacities, but emphatically, as the preamble declares 'by the people of the United States."

Regarding the nominal issue of the case, whether the Supreme Court possessed appellate jurisdiction over the states, Story argued that the Court must possess such jurisdiction.
Without national oversight over local courts the law could become discordant.
This fear of discordant law was part of Story's belief in legal science, in this instance manifested as a belief in the uniformity of law.
Without uniformity, each state would be allowed to develop its own idiosyncrasies, and such provincialism ran contrary to Story's aim of a national republic.
Story citied the Constitution's assertion to be "The supreme law of the land" and that "Judges in every state shall be bound thereby".

The case came to symbolize a profound transformation in Story's tenure on the Court.
Initially Marshall's most influential ally, Story enjoyed the success that came along with the nearly uniform agreement by the justices in Marshall's Court.
Following the death of the chief justice and the arrival of the Age of Jackson, Story for the first time on the bench, seemed out of step with the rest of the Court.
The Court ruled 4–2 in favor of the Warren Bridge, rejected the petitioner's claim that their charter granted them exclusive rights.
Story, writing for the minority, noted "I stand upon the old law."

One of Story's more vexing opinions was Prigg v. Pennsylvania, in which he wrote for the majority in 1842.
Story was forced to consider the constitutionality of a Pennsylvania personal liberty law which placed procedural requirements on those seeking to extradite fugitive slaves.
Story, despite his hatred of slavery, sided with the southern justices to declare the Pennsylvania law unconstitutional.
This appears especially hard to square with Story's anti-slavery philosophy, as one of the individuals kidnapped by Edward Prigg, the slave catcher in question, was actually not a slave at all.
However, despite the outcome as appearing entirely in favor of the South, a more accurate assessment can be gleaned from the text and time period.
Concerning the former, Story argued that fugitive slaves were addressed in the Article 4 Section 2.
Despite the fact that slavery was not mentioned, Story concluded that it was all too clear that the clause was meant to secure runaway slaves for southern slaveholders.
He went on to note, "The full recognition of the right and title was indispensable to the security of this species of property in all the slaveholding States; and, indeed, was so vital to the preservation of their domestic interests and institutions, that it cannot be doubted that it constituted a fundamental article, without the adoption of which the Union could not have been formed."
Story's apparent endorsement of slaveholders' rights must be read through this light, that the justice felt that this was a bargain integral to the Constitution.
Consequently, Story had an obligation to honor the deal struck at the Constitutional Convention.
Further insight is provided by the political activity of southerners of the day.
H. Robert Baker notes, "Story chose the path that he believed best supported a st
In November 15, 1811, at the age of 32 years, 58 days, Story became—and, as of 2020 remains—the youngest person nominated to serve on the U.S. Supreme Court. He was chosen by President James Madison to succeed William Cushing, who had died 14 months earlier. Madison's previous nominee for the seat, John Quincy Adams, was confirmed by the United States Senate, but had declined to serve. The Senate confirmed Story's nomination and Madison signed his commission on November 18, 1811. Story swore his oath and assumed office on February 3, 1812.
Story's opinion in Martin v. Hunter's Lessee was profoundly significant before Story ever so much as addressed the issue explicitly. The manner in which Story framed the American republic is profoundly indicative of his philosophy. Story noted, "The Constitution of the United States was established, not by the states in their sovereignty capacities, but emphatically, as the preamble declares 'by the people of the United States."
Regarding the nominal issue of the case, whether the Supreme Court possessed appellate jurisdiction over the states, Story argued that the Court must possess such jurisdiction. Without national oversight over local courts the law could become discordant. This fear of discordant law was part of Story's belief in legal science, in this instance manifested as a belief in the uniformity of law. Without uniformity, each state would be allowed to develop its own idiosyncrasies, and such provincialism ran contrary to Story's aim of a national republic. Story citied the Constitution's assertion to be "The supreme law of the land" and that "Judges in every state shall be bound thereby".
The case came to symbolize a profound transformation in Story's tenure on the Court. Initially Marshall's most influential ally, Story enjoyed the success that came along with the nearly uniform agreement by the justices in Marshall's Court. Following the death of the chief justice and the arrival of the Age of Jackson, Story for the first time on the bench, seemed out of step with the rest of the Court. The Court ruled 4–2 in favor of the Warren Bridge, rejected the petitioner's claim that their charter granted them exclusive rights. Story, writing for the minority, noted "I stand upon the old law."
One of Story's more vexing opinions was Prigg v. Pennsylvania, in which he wrote for the majority in 1842. Story was forced to consider the constitutionality of a Pennsylvania personal liberty law which placed procedural requirements on those seeking to extradite fugitive slaves. Story, despite his hatred of slavery, sided with the southern justices to declare the Pennsylvania law unconstitutional. This appears especially hard to square with Story's anti-slavery philosophy, as one of the individuals kidnapped by Edward Prigg, the slave catcher in question, was actually not a slave at all. However, despite the outcome as appearing entirely in favor of the South, a more accurate assessment can be gleaned from the text and time period. Concerning the former, Story argued that fugitive slaves were addressed in the Article 4 Section 2. Despite the fact that slavery was not mentioned, Story concluded that it was all too clear that the clause was meant to secure runaway slaves for southern slaveholders. He went on to note, "The full recognition of the right and title was indispensable to the security of this species of property in all the slaveholding States; and, indeed, was so vital to the preservation of their domestic interests and institutions, that it cannot be doubted that it constituted a fundamental article, without the adoption of which the Union could not have been formed." Story's apparent endorsement of slaveholders' rights must be read through this light, that the justice felt that this was a bargain integral to the Constitution. Consequently, Story had an obligation to honor the deal struck at the Constitutional Convention. Further insight is provided by the political activity of southerners of the day. H. Robert Baker notes, "Story chose the path that he believed best supported a st
Joseph Story