Because this same group of Justices sat together for an official photograph in 1962, it is also a rare exception to the rule that the Court sits for a group photograph only after a change in membership.
It was taken for a book on the Supreme Court titled Equal Justice Under Law, which was co-published by the National Geographic Society and the Federal Bar Association. While the press had been taking group photographs of the Justices in color since the 1940s, this is the first official group photograph to be taken in color. Joseph Scherschel (1920-2004), for the National Geographic Society The photograph enjoyed a quiet fame within the Supreme Court Building until it was finally published for the first time, with the Court’s permission, in The Saturday Evening Post 11 years later, in 1961. Perhaps because it was so clearly out of character with the typical solemnity for such photographs, just 10 final prints from this negative were made-one for each Justice, and one for Pennington’s private office. Vinson threw up his hands in mock horror, rolled his eyes and intoned “Oh, God forbid!” The court burst into laughter, and Fabian caught their gleeful moment with high-speed flash. An article later published by The Saturday Evening Post explained: Wanting the subjects more tightly grouped, Pennington said, “Justice Clark, will you move to the left?” At this request Chief Justice Frederick M.
In 1950, his quick thinking-aided by new high-speed lighting equipment-led to this spontaneous and humorous moment in the Court’s family album of group photographs. One of the new photographers in the 1940s was Fabian Bachrach, Jr., who ran a distinguished national chain of portrait studios.
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