After Johnson left office, Stanbery returned to the Cincinnati area, where he continued to practice law until failing eyesight curbed his activities in 1880.

[1] As the initial holder of the position, Stanbery spent much of his time and effort on determining its duties and responsibilities and organizing his staff.

[1] His work included creation of a case-tracking system and uniform crime report format for county prosecutors and a successful lobbying campaign to obtain the power to negotiate with individuals and corporations that were in debt to the state.

[4] On April 16, 1866, President Andrew Johnson nominated Stanbery as an associate justice on the United States Supreme Court, to fill the vacancy created by the death of John Catron.

[4] Prior to being nominated, in March 1866, Stanbery assisted Attorney General James Speed in arguing Ex parte Milligan before the Supreme Court.

[7] In Johnson's view, the president had responsibility for Reconstruction, and he intended to return the former Confederate states to the Union and full Congressional representation as soon as possible, without guaranteeing the rights of the former slaves who had been freed during the war.

[7] Congress determined to take control of Reconstruction, compel former Confederates to prove their loyalty before readmission to the Union, and protect the rights of African Americans.

[6] In Georgia v. Stanton (1868), Stanbery successfully argued that the court did not have jurisdiction over the political question of Reconstruction, which again left the matter to the executive and legislative branches.

[6] When Congress moved to impeach Johnson as the result of the Reconstruction dispute, Stanbery resigned as attorney general on March 12, 1868, and joined his defense team.

[7] Much of his effort focused on ensuring that Johnson received due process, which had the effect of slowing the proceedings and making a conviction in the heat of the moment less likely.

[9] In his later years, Stanbery's eyesight worsened as the result of cataracts, and his wife and he moved to New York City to seek treatment.

[10] He continued to reside in New York City while seeking treatment, but died there on June 26, 1881, after bronchitis left him unable to breathe while on a carriage ride in Central Park.