The “midnight judges” were a group of last‑minute federal judicial appointees named by President John Adams in the final weeks and even final night of his presidency in early 1801. They got this nickname because Adams was said to be signing their commissions late into the night just before Thomas Jefferson took office.
Historical context
In 1801, the outgoing Federalist majority in Congress passed the Judiciary Act of 1801, which reorganized the federal court system and created a number of new judgeships. Adams quickly nominated Federalist allies to these new lifetime posts, and the Federalist-controlled Senate confirmed them before Jefferson, a Democratic-Republican, could take power.
Who they were specifically
Most “midnight judges” were the 16 new circuit court judges created by the Judiciary Act of 1801, along with some related last‑minute judicial and peace- office appointments in the new federal capital. One of the most famous appointees caught up in this episode was William Marbury, named a justice of the peace in the District of Columbia, whose undelivered commission led to the landmark Supreme Court case Marbury v. Madison.
Why they mattered
Jeffersonians viewed the midnight appointments as an attempt by defeated Federalists to “pack” the judiciary with partisan allies and entrench their influence. In 1802, the new Jeffersonian majority repealed the Judiciary Act of 1801 and abolished many of these new judgeships, but the controversy helped set the stage for Marbury v. Madison, which established judicial review for the Supreme Court.
