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The Supreme Court of the United States is the highest-ranking judicial body in the United States. Its membership, as set by the Judiciary Act of 1869, consists of the chief justice of the United States and eight associate justices, any six of whom constitute a quorum. [1] [2] Article II, Section 2, Clause 2 of the Constitution grants plenary power to the president of the United States to nominate, and with the advice and consent of the United States Senate, appoint justices to the Supreme Court; justices have life tenure. [3]
The Supreme Court was created by Article III of the United States Constitution, which stipulates that the "judicial power of the United States, shall be vested in one Supreme Court," [4] and was organized by the 1st United States Congress. Through the Judiciary Act of 1789, Congress specified the Court's original and appellate jurisdiction, created thirteen judicial districts, and fixed the number of justices at six (one chief justice and five associate justices). [5] [6]
Since 1789, Congress has occasionally altered the size of the Supreme Court, historically in response to the country's own expansion in size. An 1801 act would have decreased the Court's size to five members upon its next vacancy. However, an 1802 act negated the effects of the 1801 act upon the Court before any such vacancy occurred, maintaining the Court's size at six members. Later legislation increased its size to seven members in 1807, to nine in 1837, and to ten in 1863. An 1866 act was to have reduced the Court's size from ten members to seven upon its next three vacancies, and two vacancies did occur during this period. However, before a third vacancy occurred, the Judiciary Act of 1869 intervened, restoring the Court's size to nine members, where it has remained ever since. [7]
While the justices of the Supreme Court are appointed for life, many have retired or resigned. Beginning in the early 20th century, many justices who left the Court voluntarily did so by retiring from the Court without leaving the federal judiciary altogether. A retired justice, according to the United States Code, is no longer a member of the Supreme Court, but remains eligible to serve by designation as a judge of a U.S. Court of Appeals or District Court, and many retired justices have served in these capacities. Historically, the average length of service on the Court has been less than 15 years. However, since 1970 the average length of service has increased to about 26 years. [8]
Since the Supreme Court was established in 1789, 116 people have served on the Court. The length of service on the Court for the 107 non-incumbent justices ranges from William O. Douglas's 36 years, 209 days to John Rutledge's 1 year, 18 days as associate justice and, separated by a period of years off the Court, his 138 days as chief justice. As of November 25, 2024, the length of service for the nine incumbent justices ranges from Clarence Thomas's 33 years, 33 days to Ketanji Brown Jackson's 2 years, 148 days. Five individuals, who were confirmed for associate justice, were later appointed chief justice separately: John Rutledge, [a] Edward Douglass White, [b] Charles Evans Hughes, [a] Harlan F. Stone [b] and William Rehnquist. [b] While listed twice, each of them has been assigned only one index number. The justices of the Supreme Court are: [9] [10]
Justice | State [c] | Position | Succeeded | Date confirmed (Vote) | Tenure | Tenure length [d] | Nominated by | ||
---|---|---|---|---|---|---|---|---|---|
1 | John Jay (1745–1829) | NY | Chief Justice | Inaugural | September 26, 1789 (Acclamation) | October 19, 1789 – June 29, 1795 (Resigned) | 5 years, 253 days | George Washington | |
2 | John Rutledge (1739–1800) | SC | Associate Justice | Inaugural | September 26, 1789 (Acclamation) | February 15, 1790 [e] – March 5, 1791 (Resigned) | 1 year, 18 days | ||
3 | William Cushing (1732–1810) | MA | Associate Justice | Inaugural | September 26, 1789 (Acclamation) | February 2, 1790 [e] – September 13, 1810 (Died) | 20 years, 223 days | ||
4 | James Wilson (1742–1798) | PA | Associate Justice | Inaugural | September 26, 1789 (Acclamation) | October 5, 1789 [e] – August 21, 1798 (Died) | 8 years, 320 days | ||
5 | John Blair (1732–1800) | VA | Associate Justice | Inaugural | September 26, 1789 (Acclamation) | February 2, 1790 [e] – October 25, 1795 (Resigned) | 5 years, 265 days | ||
6 | James Iredell (1751–1799) | NC | Associate Justice | Inaugural | February 10, 1790 (Acclamation) | May 12, 1790 – October 20, 1799 (Died) | 9 years, 161 days | ||
7 | Thomas Johnson (1732–1819) | MD | Associate Justice | J. Rutledge | November 7, 1791 (Acclamation) | September 19, 1791 [f] – January 16, 1793 (Resigned) | 1 year, 119 days | ||
8 | William Paterson (1745–1806) | NJ | Associate Justice | T. Johnson | March 4, 1793 (Acclamation) | March 11, 1793 – September 9, 1806 (Died) | 13 years, 181 days | ||
2 | John Rutledge (1739–1800) | SC | Chief Justice | Jay | December 15, 1795 (10–14) [g] | August 12, 1795 [f] – December 15, 1795 (Resigned, nomination having been rejected) | 138 days | ||
9 | Samuel Chase [h] (1741–1811) | MD | Associate Justice | Blair | January 27, 1796 (Acclamation) | February 4, 1796 – June 19, 1811 (Died) | 15 years, 135 days | ||
10 | Oliver Ellsworth (1745–1807) | CT | Chief Justice | J. Rutledge | March 4, 1796 (21–1) | March 8, 1796 – December 15, 1800 (Resigned) | 4 years, 282 days | ||
11 | Bushrod Washington (1762–1829) | VA | Associate Justice | Wilson | December 20, 1798 (Acclamation) | November 9, 1798 [f] – November 26, 1829 (Died) | 31 years, 17 days | John Adams | |
12 | Alfred Moore (1755–1810) | NC | Associate Justice | Iredell | December 9, 1799 (Acclamation) | April 21, 1800 – January 26, 1804 (Resigned) | 3 years, 280 days | ||
13 | John Marshall (1755–1835) | VA | Chief Justice | Ellsworth | January 27, 1801 (Acclamation) | February 4, 1801 – July 6, 1835 (Died) | 34 years, 152 days | ||
14 | William Johnson (1771–1834) | SC | Associate Justice | Moore | March 24, 1804 (Acclamation) | May 7, 1804 – August 4, 1834 (Died) | 30 years, 89 days | Thomas Jefferson | |
15 | Henry Brockholst Livingston (1757–1823) | NY | Associate Justice | Paterson | December 17, 1806 (Acclamation) | January 20, 1807 [f] – March 18, 1823 (Died) | 16 years, 57 days | ||
16 | Thomas Todd (1765–1826) | KY | Associate Justice | new seat | March 2, 1807 (Acclamation) | May 4, 1807 – February 7, 1826 (Died) | 18 years, 341 days | ||
17 | Gabriel Duvall (1752–1844) | MD | Associate Justice | S. Chase | November 18, 1811 (Acclamation) | November 23, 1811 – January 14, 1835 (Resigned) | 23 years, 50 days | James Madison | |
18 | Joseph Story (1779–1845) | MA | Associate Justice | Cushing | November 18, 1811 (Acclamation) | February 3, 1812 – September 10, 1845 (Died) | 33 years, 219 days | ||
19 | Smith Thompson (1768–1843) | NY | Associate Justice | Livingston | December 9, 1823 (Acclamation) | September 1, 1823 [f] – December 18, 1843 (Died) | 20 years, 108 days | James Monroe | |
20 | Robert Trimble (1776–1828) | KY | Associate Justice | Todd | May 9, 1826 (25–5) | June 16, 1826 – August 25, 1828 (Died) | 2 years, 70 days | John Quincy Adams | |
21 | John McLean (1785–1861) | OH | Associate Justice | Trimble | March 7, 1829 (Acclamation) | March 12, 1829 – April 4, 1861 (Died) | 32 years, 23 days | Andrew Jackson | |
22 | Henry Baldwin (1780–1844) | PA | Associate Justice | Washington | January 6, 1830 (41–2) | January 18, 1830 – April 21, 1844 (Died) | 14 years, 94 days | ||
23 | James Moore Wayne (1790–1867) | GA | Associate Justice | W. Johnson | January 9, 1835 (Acclamation) | January 14, 1835 – July 5, 1867 (Died) | 32 years, 172 days | ||
24 | Roger B. Taney (1777–1864) | MD | Chief Justice | J. Marshall | March 15, 1836 (29–15) | March 28, 1836 – October 12, 1864 (Died) | 28 years, 198 days | ||
25 | Philip P. Barbour (1783–1841) | VA | Associate Justice | Duvall | March 15, 1836 (30–11) | May 12, 1836 – February 25, 1841 (Died) | 4 years, 289 days | ||
26 | John Catron (1786–1865) | TN | Associate Justice | new seat | March 8, 1837 (28–15) | May 1, 1837 – May 30, 1865 (Died) | 28 years, 29 days | ||
27 | John McKinley (1780–1852) | AL | Associate Justice | new seat | September 25, 1837 (Acclamation) | January 9, 1838 [f] – July 19, 1852 (Died) | 14 years, 192 days | Martin Van Buren | |
28 | Peter Vivian Daniel (1784–1860) | VA | Associate Justice | Barbour | March 2, 1841 (25–5) | January 10, 1842 – May 31, 1860 (Died) | 18 years, 142 days | ||
29 | Samuel Nelson (1792–1873) | NY | Associate Justice | Thompson | February 14, 1845 (Acclamation) | February 27, 1845 – November 28, 1872 (Retired) | 27 years, 275 days | John Tyler | |
30 | Levi Woodbury (1789–1851) | NH | Associate Justice | Story | January 31, 1846 (Acclamation) | September 23, 1845 [f] – September 4, 1851 (Died) | 5 years, 346 days | James K. Polk | |
31 | Robert Cooper Grier (1794–1870) | PA | Associate Justice | Baldwin | August 4, 1846 (Acclamation) | August 10, 1846 – January 31, 1870 (Retired) | 23 years, 174 days | ||
32 | Benjamin Robbins Curtis (1809–1874) | MA | Associate Justice | Woodbury | December 20, 1851 (Acclamation) | October 10, 1851 [f] – September 30, 1857 (Resigned) | 5 years, 355 days | Millard Fillmore | |
33 | John Archibald Campbell (1811–1889) | AL | Associate Justice | McKinley | March 22, 1853 (Acclamation) | April 11, 1853 – April 30, 1861 (Resigned) | 8 years, 19 days | Franklin Pierce | |
34 | Nathan Clifford (1803–1881) | ME | Associate Justice | Curtis | January 12, 1858 (26–23) | January 21, 1858 – July 25, 1881 (Died) | 23 years, 185 days | James Buchanan | |
35 | Noah Haynes Swayne (1804–1884) | OH | Associate Justice | McLean | January 24, 1862 (38–1) | January 27, 1862 – January 24, 1881 (Retired) | 18 years, 363 days | Abraham Lincoln | |
36 | Samuel Freeman Miller (1816–1890) | IA | Associate Justice | Daniel | July 16, 1862 (Acclamation) | July 21, 1862 – October 13, 1890 (Died) | 28 years, 84 days | ||
37 | David Davis (1815–1886) | IL | Associate Justice | Campbell | December 8, 1862 (Acclamation) | December 10, 1862 [f] – March 4, 1877 (Resigned) | 14 years, 84 days | ||
38 | Stephen Johnson Field (1816–1899) | CA | Associate Justice | new seat | March 10, 1863 (Acclamation) | May 20, 1863 – December 1, 1897 (Retired) | 34 years, 195 days | ||
39 | Salmon P. Chase (1808–1873) | OH | Chief Justice | Taney | December 6, 1864 (Acclamation) | December 15, 1864 – May 7, 1873 (Died) | 8 years, 143 days | ||
40 | William Strong (1808–1895) | PA | Associate Justice | Grier | February 18, 1870 (No vote recorded) | March 14, 1870 – December 14, 1880 (Retired) | 10 years, 275 days | Ulysses S. Grant | |
41 | Joseph P. Bradley (1813–1892) | NJ | Associate Justice | new seat | March 21, 1870 (46–9) | March 23, 1870 – January 22, 1892 (Died) | 21 years, 305 days | ||
42 | Ward Hunt (1810–1886) | NY | Associate Justice | Nelson | December 11, 1872 (Acclamation) | January 9, 1873 – January 27, 1882 (Retired) | 9 years, 18 days | ||
43 | Morrison Waite (1816–1888) | OH | Chief Justice | S. P. Chase | January 21, 1874 (63–0) | March 4, 1874 – March 23, 1888 (Died) | 14 years, 19 days | ||
44 | John Marshall Harlan (1833–1911) | KY | Associate Justice | Davis | November 29, 1877 (Acclamation) | December 10, 1877 – October 14, 1911 (Died) | 33 years, 308 days | Rutherford B. Hayes | |
45 | William Burnham Woods (1824–1887) | GA | Associate Justice | Strong | December 21, 1880 (39–8) | January 5, 1881 – May 14, 1887 (Died) | 6 years, 129 days | ||
46 | Stanley Matthews (1824–1889) | OH | Associate Justice | Swayne | May 12, 1881 (24–23) | May 17, 1881 – March 22, 1889 (Died) | 7 years, 309 days | James A. Garfield | |
47 | Horace Gray (1828–1902) | MA | Associate Justice | Clifford | December 20, 1881 (51–5) | January 9, 1882 – September 15, 1902 (Died) | 20 years, 249 days | Chester A. Arthur | |
48 | Samuel Blatchford (1820–1893) | NY | Associate Justice | Hunt | March 22, 1882 (Acclamation) | April 3, 1882 – July 7, 1893 (Died) | 11 years, 95 days | ||
49 | Lucius Quintus Cincinnatus Lamar (1825–1893) | MS | Associate Justice | Woods | January 16, 1888 (32–28) | January 18, 1888 – January 23, 1893 (Died) | 5 years, 5 days | Grover Cleveland | |
50 | Melville Fuller (1833–1910) | IL | Chief Justice | Waite | July 20, 1888 (41–20) | October 8, 1888 – July 4, 1910 (Died) | 21 years, 269 days | ||
51 | David J. Brewer (1837–1910) | KS | Associate Justice | Matthews | December 18, 1889 (53–11) | January 6, 1890 – March 28, 1910 (Died) | 20 years, 81 days | Benjamin Harrison | |
52 | Henry Billings Brown (1836–1913) | MI | Associate Justice | Miller | December 29, 1890 (Acclamation) | January 5, 1891 – May 28, 1906 (Retired) | 15 years, 143 days | ||
53 | George Shiras Jr. (1832–1924) | PA | Associate Justice | Bradley | July 26, 1892 (Acclamation) | October 10, 1892 – February 23, 1903 (Retired) | 10 years, 136 days | ||
54 | Howell Edmunds Jackson (1832–1895) | TN | Associate Justice | L. Lamar | February 18, 1893 (Acclamation) | March 4, 1893 – August 8, 1895 (Died) | 2 years, 157 days | ||
55 | Edward Douglass White (1845–1921) | LA | Associate Justice | Blatchford | February 19, 1894 (Acclamation) | March 12, 1894 – December 18, 1910 (Continued as chief justice) | 16 years, 281 days | Grover Cleveland | |
56 | Rufus W. Peckham (1838–1909) | NY | Associate Justice | H. Jackson | December 9, 1895 (Acclamation) | January 6, 1896 – October 24, 1909 (Died) | 13 years, 291 days | ||
57 | Joseph McKenna (1843–1926) | CA | Associate Justice [i] | Field | January 21, 1898 (Acclamation) | January 26, 1898 – January 5, 1925 (Retired) | 26 years, 345 days | William McKinley | |
58 | Oliver Wendell Holmes Jr. (1841–1935) | MA | Associate Justice [j] | Gray | December 4, 1902 (Acclamation) | December 8, 1902 – January 12, 1932 (Retired) | 29 years, 35 days | Theodore Roosevelt | |
59 | William R. Day (1849–1923) | OH | Associate Justice | Shiras | February 23, 1903 (Acclamation) | March 2, 1903 – November 13, 1922 (Retired) | 19 years, 256 days | ||
60 | William Henry Moody (1853–1917) | MA | Associate Justice | Brown | December 12, 1906 (Acclamation) | December 17, 1906 – November 20, 1910 (Retired) | 3 years, 338 days | ||
61 | Horace Harmon Lurton (1844–1914) | TN | Associate Justice | Peckham | December 20, 1909 (Acclamation) | January 3, 1910 – July 12, 1914 (Died) | 4 years, 204 days | William Howard Taft | |
62 | Charles Evans Hughes (1862–1948) | NY | Associate Justice | Brewer | May 2, 1910 (Acclamation) | October 10, 1910 – June 10, 1916 (Resigned) | 5 years, 244 days | ||
55 | Edward Douglass White (1845–1921) | LA | Chief Justice | Fuller | December 12, 1910 (Acclamation) | December 19, 1910 – May 19, 1921 (Died) | 10 years, 151 days | ||
63 | Willis Van Devanter (1859–1941) | WY | Associate Justice | E. D. White | December 15, 1910 (Acclamation) | January 3, 1911 [k] – June 2, 1937 (Retired) | 26 years, 150 days | ||
64 | Joseph Rucker Lamar (1857–1916) | GA | Associate Justice | Moody | December 15, 1910 (Acclamation) | January 3, 1911 [k] – January 2, 1916 (Died) | 4 years, 364 days | ||
65 | Mahlon Pitney (1858–1924) | NJ | Associate Justice | J. Harlan | March 13, 1912 (50–26) | March 18, 1912 – December 31, 1922 (Resigned) | 10 years, 288 days | ||
66 | James Clark McReynolds (1862–1946) | TN | Associate Justice | Lurton | August 29, 1914 (44–6) | October 12, 1914 – January 31, 1941 (Retired) | 26 years, 111 days | Woodrow Wilson | |
67 | Louis Brandeis (1856–1941) | MA | Associate Justice | J. Lamar | June 1, 1916 (47–22) | June 5, 1916 – February 13, 1939 (Retired) | 22 years, 253 days | ||
68 | John Hessin Clarke (1857–1945) | OH | Associate Justice | Hughes | July 24, 1916 (Acclamation) | October 9, 1916 – September 18, 1922 (Retired) | 5 years, 344 days | ||
69 | William Howard Taft (1857–1930) | CT | Chief Justice | E. D. White | June 30, 1921 (Acclamation) | July 11, 1921 – February 3, 1930 (Retired) | 8 years, 207 days | Warren G. Harding | |
70 | George Sutherland (1862–1942) | UT | Associate Justice | Clarke | September 5, 1922 (Acclamation) | October 2, 1922 – January 17, 1938 (Retired) | 15 years, 107 days | ||
71 | Pierce Butler (1866–1939) | MN | Associate Justice | Day | December 21, 1922 (61–8) | January 2, 1923 – November 16, 1939 (Died) | 16 years, 318 days | ||
72 | Edward Terry Sanford (1865–1930) | TN | Associate Justice | Pitney | January 29, 1923 (Acclamation) | February 19, 1923 – March 8, 1930 (Died) | 7 years, 17 days | ||
73 | Harlan F. Stone (1872–1946) | NY | Associate Justice [l] | McKenna | February 5, 1925 (71–6) | March 2, 1925 – July 2, 1941 (Continued as chief justice) | 16 years, 122 days | Calvin Coolidge | |
62 | Charles Evans Hughes (1862–1948) | NY | Chief Justice | Taft | February 13, 1930 (52–26) | February 24, 1930 – June 30, 1941 (Retired) | 11 years, 126 days | Herbert Hoover | |
74 | Owen Roberts (1875–1955) | PA | Associate Justice | Sanford | May 20, 1930 (Acclamation) | June 2, 1930 – July 31, 1945 (Resigned) | 15 years, 59 days | ||
75 | Benjamin N. Cardozo (1870–1938) | NY | Associate Justice | Holmes | February 24, 1932 (Acclamation) | March 14, 1932 – July 9, 1938 (Died) | 6 years, 117 days | ||
76 | Hugo Black (1886–1971) | AL | Associate Justice [m] | Van Devanter | August 17, 1937 (63–16) | August 19, 1937 – September 17, 1971 (Retired) | 34 years, 29 days | Franklin D. Roosevelt | |
77 | Stanley Forman Reed (1884–1980) | KY | Associate Justice | Sutherland | January 25, 1938 (Acclamation) | January 31, 1938 – February 25, 1957 (Retired) | 19 years, 25 days | ||
78 | Felix Frankfurter (1882–1965) | MA | Associate Justice | Cardozo | January 17, 1939 (Acclamation) | January 30, 1939 – August 28, 1962 (Retired) | 23 years, 210 days | ||
79 | William O. Douglas (1898–1980) | CT | Associate Justice | Brandeis | April 4, 1939 (62–4) | April 17, 1939 – November 12, 1975 (Retired) | 36 years, 209 days | ||
80 | Frank Murphy (1890–1949) | MI | Associate Justice | Butler | January 16, 1940 (Acclamation) | February 5, 1940 – July 19, 1949 (Died) | 9 years, 164 days | ||
73 | Harlan F. Stone (1872–1946) | NY | Chief Justice | Hughes | June 27, 1941 (Acclamation) | July 3, 1941 – April 22, 1946 (Died) | 4 years, 293 days | ||
81 | James F. Byrnes (1882–1972) | SC | Associate Justice | McReynolds | June 12, 1941 (Acclamation) | July 8, 1941 – October 3, 1942 (Resigned) | 1 year, 87 days | ||
82 | Robert H. Jackson (1892–1954) | NY | Associate Justice | Stone | July 7, 1941 (Acclamation) | July 11, 1941 – October 9, 1954 (Died) | 13 years, 90 days | ||
83 | Wiley Blount Rutledge (1894–1949) | IA | Associate Justice | Byrnes | February 8, 1943 (Acclamation) | February 15, 1943 – September 10, 1949 (Died) | 6 years, 207 days | ||
84 | Harold Hitz Burton (1888–1964) | OH | Associate Justice | O. Roberts | September 19, 1945 (Acclamation) | October 1, 1945 – October 13, 1958 (Retired) | 13 years, 12 days | Harry S. Truman | |
85 | Fred M. Vinson (1890–1953) | KY | Chief Justice | Stone | June 20, 1946 (Acclamation) | June 24, 1946 – September 8, 1953 (Died) | 7 years, 76 days | ||
86 | Tom C. Clark (1899–1977) | TX | Associate Justice | Murphy | August 18, 1949 (73–8) | August 24, 1949 – June 12, 1967 (Retired) | 17 years, 292 days | ||
87 | Sherman Minton (1890–1965) | IN | Associate Justice | W. Rutledge | October 4, 1949 (48–16) | October 12, 1949 – October 15, 1956 (Retired) | 7 years, 3 days | ||
88 | Earl Warren (1891–1974) | CA | Chief Justice | Vinson | March 1, 1954 (Acclamation) | October 5, 1953 [f] – June 23, 1969 (Retired) | 15 years, 261 days | Dwight D. Eisenhower | |
89 | John Marshall Harlan II (1899–1971) | NY | Associate Justice | R. Jackson | March 16, 1955 (71–11) | March 28, 1955 – September 23, 1971 (Retired) | 16 years, 179 days | ||
90 | William J. Brennan Jr. (1906–1997) | NJ | Associate Justice | Minton | March 19, 1957 (Acclamation) | October 16, 1956 [f] – July 20, 1990 (Retired) | 33 years, 277 days | ||
91 | Charles Evans Whittaker (1901–1973) | MO | Associate Justice | Reed | March 19, 1957 (Acclamation) | March 25, 1957 – March 31, 1962 (Retired) | 5 years, 6 days | ||
92 | Potter Stewart (1915–1985) | OH | Associate Justice | Burton | May 5, 1959 (70–17) | October 14, 1958 [f] – July 3, 1981 (Retired) | 22 years, 262 days | ||
93 | Byron White (1917–2002) | CO | Associate Justice | Whittaker | April 11, 1962 (Acclamation) | April 16, 1962 – June 28, 1993 (Retired) | 31 years, 73 days | John F. Kennedy | |
94 | Arthur Goldberg (1908–1990) | IL | Associate Justice | Frankfurter | September 25, 1962 (Acclamation) | October 1, 1962 – July 25, 1965 (Resigned) | 2 years, 297 days | ||
95 | Abe Fortas (1910–1982) | TN | Associate Justice | Goldberg | August 11, 1965 (Acclamation) | October 4, 1965 – May 14, 1969 (Resigned) | 3 years, 222 days | Lyndon B. Johnson | |
96 | Thurgood Marshall (1908–1993) | NY | Associate Justice | Clark | August 30, 1967 (69–11) | October 2, 1967 – October 1, 1991 (Retired) | 23 years, 364 days | ||
97 | Warren E. Burger (1907–1995) | VA | Chief Justice | Warren | June 9, 1969 (74–3) | June 23, 1969 – September 26, 1986 (Retired) | 17 years, 95 days | Richard Nixon | |
98 | Harry Blackmun (1908–1999) | MN | Associate Justice | Fortas | May 12, 1970 (94–0) | June 9, 1970 – August 3, 1994 (Retired) | 24 years, 55 days | ||
99 | Lewis F. Powell Jr. (1907–1998) | VA | Associate Justice | Black | December 6, 1971 (89–1) | January 7, 1972 [n] – June 26, 1987 (Retired) | 15 years, 170 days | ||
100 | William Rehnquist (1924–2005) | AZ | Associate Justice | J. Harlan II | December 10, 1971 (68–26) | January 7, 1972 [n] – September 26, 1986 (Continued as chief justice) | 14 years, 262 days | ||
101 | John Paul Stevens (1920–2019) | IL | Associate Justice [o] | Douglas | December 17, 1975 (98–0) | December 19, 1975 – June 29, 2010 (Retired) | 34 years, 192 days | Gerald Ford | |
102 | Sandra Day O'Connor (1930–2023) | AZ | Associate Justice | Stewart | September 21, 1981 (99–0) | September 25, 1981 – January 31, 2006 (Retired) | 24 years, 128 days | Ronald Reagan | |
100 | William Rehnquist (1924–2005) | VA | Chief Justice | Burger | September 17, 1986 (65–33) | September 26, 1986 – September 3, 2005 (Died) | 18 years, 342 days | ||
103 | Antonin Scalia (1936–2016) | VA | Associate Justice | Rehnquist | September 17, 1986 (98–0) | September 26, 1986 – February 13, 2016 (Died) | 29 years, 140 days | ||
104 | Anthony Kennedy (born 1936) | CA | Associate Justice | Powell | February 3, 1988 (97–0) | February 18, 1988 – July 31, 2018 (Retired) | 30 years, 163 days | ||
105 | David Souter (born 1939) | NH | Associate Justice | Brennan | October 2, 1990 (90–9) | October 9, 1990 – June 29, 2009 (Retired) | 18 years, 263 days | George H. W. Bush | |
106 | Clarence Thomas (born 1948) | GA | Associate Justice | T. Marshall | October 15, 1991 (52–48) | October 23, 1991 – Incumbent | 33 years, 33 days | ||
107 | Ruth Bader Ginsburg (1933–2020) | NY | Associate Justice | B. White | August 3, 1993 (96–3) | August 10, 1993 – September 18, 2020 (Died) | 27 years, 39 days | Bill Clinton | |
108 | Stephen Breyer (born 1938) | MA | Associate Justice | Blackmun | July 29, 1994 (87–9) | August 3, 1994 – June 30, 2022 (Retired) | 27 years, 331 days | ||
109 | John Roberts (born 1955) | MD | Chief Justice | Rehnquist | September 29, 2005 (78–22) | September 29, 2005 – Incumbent | 19 years, 57 days | George W. Bush | |
110 | Samuel Alito (born 1950) | NJ | Associate Justice | O'Connor | January 31, 2006 (58–42) | January 31, 2006 – Incumbent | 18 years, 299 days | ||
111 | Sonia Sotomayor (born 1954) | NY | Associate Justice | Souter | August 6, 2009 (68–31) | August 8, 2009 – Incumbent | 15 years, 109 days | Barack Obama | |
112 | Elena Kagan (born 1960) | MA | Associate Justice | Stevens | August 5, 2010 (63–37) | August 7, 2010 – Incumbent | 14 years, 110 days | ||
113 | Neil Gorsuch (born 1967) | CO | Associate Justice | Scalia | April 7, 2017 (54–45) | April 10, 2017 – Incumbent | 7 years, 229 days | Donald Trump | |
114 | Brett Kavanaugh (born 1965) | MD | Associate Justice | Kennedy | October 6, 2018 (50–48) | October 6, 2018 – Incumbent | 6 years, 50 days | ||
115 | Amy Coney Barrett (born 1972) | IN | Associate Justice | Ginsburg | October 26, 2020 (52–48) | October 27, 2020 – Incumbent | 4 years, 29 days | ||
116 | Ketanji Brown Jackson (born 1970) | DC | Associate Justice | Breyer | April 7, 2022 (53–47) | June 30, 2022 – Incumbent | 2 years, 148 days | Joe Biden |
This graphical timeline depicts the progression of the justices on the U.S. Supreme Court. [9] [10] Information regarding each justice's predecessors, successors, and fellow justices, as well as their tenure on the court, can be gleaned (and comparisons between justices drawn) from it. There are no formal names or numbers for the individual seats of the associate justices, which are listed in the table below simply by number. Additionally, the progression of U.S. presidents is shown at the top of the timeline to give a more detailed historical context.
The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Article II, Section 2, Clause 2 of the U.S. Constitution grants plenary power to the president of the United States to nominate, and, with the advice and consent of the United States Senate, appoint "Judges of the supreme Court", who serve until they die, resign, retire, or are impeached and convicted. The existence of a chief justice is only explicit in Article I, Section 3, Clause 6 which states that the chief justice shall preside over the impeachment trial of the president; this has occurred three times, for Andrew Johnson, Bill Clinton, and for Donald Trump’s first impeachment.
The Supreme Court of the United States is the highest-ranking judicial body in the United States. Established by Article III of the Constitution, the detailed structure of the court was laid down by the 1st United States Congress in 1789. Congress specified the Court's original and appellate jurisdiction, created 13 judicial districts, and fixed the initial size of the Supreme Court. The number of justices on the Supreme Court changed six times before settling at the present total of nine in 1869. As of June 2022, a total of 116 justices have served on the Supreme Court since 1789. Justices have life tenure, and so they serve until they die in office, resign or retire, or are impeached and removed from office.
The Judiciary Act of 1789 was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide.
The Midnight Judges Act expanded the federal judiciary of the United States. The act was supported by the John Adams administration and the Federalist Party. Passage of the act has been described as "the last major policy achievement of the Federalists."
The Judiciary Act of 1869, formally An Act to amend the Judicial System of the United States and sometimes called the Circuit Judges Act of 1869, provided that the Supreme Court of the United States would consist of the chief justice of the United States and eight associate justices, established separate judgeships for the U.S. circuit courts, and for the first time included a provision allowing federal judges to retire without losing their salary. This is the most recent legislation altering the size of the Supreme Court. The Act was signed by President Ulysses S. Grant.
The Jay Court refers to the Supreme Court of the United States from 1789 to 1795, when John Jay served as the first Chief Justice of the United States. Jay served as Chief Justice until his resignation, at which point John Rutledge took office as a recess appointment. The Supreme Court was established in Article III of the United States Constitution, but the workings of the federal court system were largely laid out by the Judiciary Act of 1789, which established a six-member Supreme Court, composed of one Chief Justice and five Associate Justices. As the first President, George Washington was responsible for appointing the entire Supreme Court. The act also created thirteen judicial districts, along with district courts and circuit courts for each district.
Willis Van Devanter was an American lawyer who served as an associate justice of the Supreme Court of the United States from 1911 to 1937. He was a staunch conservative and was regarded as a part of the Four Horsemen, the conservative bloc which dominated the Supreme Court during the 1930s.
During his twelve years in office, President Franklin D. Roosevelt appointed eight new members of the Supreme Court of the United States: Associate Justices Hugo Black, Stanley F. Reed, Felix Frankfurter, William O. Douglas, Frank Murphy, James F. Byrnes, Robert H. Jackson, and Wiley Blount Rutledge. Additionally, he elevated sitting Justice Harlan F. Stone to chief justice. Roosevelt's nine nominations filled eight seats on the Supreme Court because Byrnes resigned while Roosevelt was still in office. Roosevelt nominated Rutledge to the seat vacated by Byrnes.
The nomination and confirmation of justices to the Supreme Court of the United States involves several steps, the framework for which is set forth in the United States Constitution. Specifically, Article II, Section 2, Clause 2, provides that the president of the United States nominates a justice and that the United States Senate provides advice and consent before the person is formally appointed to the Court. It also empowers a president to temporarily, under certain circumstances, fill a Supreme Court vacancy by means of a recess appointment. The Constitution does not set any qualifications for service as a justice, thus the president may nominate any individual to serve on the Court.
The Tenth Circuit Act of 1863 was a federal statute which increased the size of the Supreme Court of the United States from nine justices to ten, and which also reorganized the circuit courts of the federal judiciary. The newly created Tenth Circuit consisted of California and Oregon, and addressed the judicial needs of the newly created western states. The Act became effective on March 3, 1863, during the Lincoln administration.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the supreme court of the United States shall hereafter consist of a chief justice and nine associate justices, any six of whom shall constitute a quorum; and for this purpose there shall be appointed one additional associate justice of said court, with the like powers, and to take the same oaths, perform the same duties, and be entitled to the same salary, as the other associate justices.
Wiley Rutledge was nominated to serve as an associate justice of the Supreme Court of the United States by U.S. President Franklin D. Roosevelt on January 11, 1943, after the resignation of James F. Byrnes created a vacancy on the court. Per the Constitution of the United States, Rutledge's nomination was subject to the advice and consent of the United States Senate, which holds the determinant power to confirm or reject nominations to the U.S. Supreme Court. After being favorably reported on by both a subcommittee of the Senate Committee on the Judiciary and the full Judiciary Committee, the nomination was confirmed by the full Senate through a voice vote on February 8, 1943.