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 to John Rutledge's as associate justice and, separated by a period of years off the Court, his as chief justice. As of, the length of service for the nine incumbent justices ranges from Clarence Thomas's to Ketanji Brown Jackson's . Five individuals, who were confirmed for associate justice, were later appointed chief justice separately: John Rutledge, Edward Douglass White, Charles Evans Hughes, Harlan F. Stone and William Rehnquist. While listed twice, each of them has been assigned only one index number. The justices of the Supreme Court are:[9] [10]
Justice | State | Position | Succeeded | Date confirmed (Vote) | Tenure | Tenure length | Nominated by | ||||
---|---|---|---|---|---|---|---|---|---|---|---|
data-sort-value="Jay, John" | 1 | John Jay (1745–1829) | NY | (Acclamation) | – June 29, 1795 (Resigned) | George Washington | |||||
data-sort-value="Rutledge, Johna" | 2 | John Rutledge (1739–1800) | SC | (Acclamation) | – March 5, 1791 (Resigned) | ||||||
data-sort-value="Cushing, William" | 3 | William Cushing (1732–1810) | MA | (Acclamation) | – September 13, 1810 (Died) | ||||||
data-sort-value="Wilson, James" | 4 | James Wilson (1742–1798) | PA | (Acclamation) | – August 21, 1798 (Died) | ||||||
data-sort-value="Blair, John Jr" | 5 | John Blair (1732–1800) | VA | (Acclamation) | – October 25, 1795 (Resigned) | ||||||
data-sort-value="Iredell, James" | 6 | James Iredell (1751–1799) | NC | (Acclamation) | – October 20, 1799 (Died) | ||||||
data-sort-value="Johnson, Thomas" | 7 | Thomas Johnson (1732–1819) | MD | (Acclamation) | – January 16, 1793 (Resigned) | ||||||
data-sort-value="Paterson, Wiliam" | 8 | William Paterson (1745–1806) | NJ | (Acclamation) | – September 9, 1806 (Died) | ||||||
data-sort-value="Rutledge, Johnb" | 2 | John Rutledge (1739–1800) | SC | (10–14) | – December 15, 1795 (Resigned, nomination having been rejected) | ||||||
data-sort-value="Chase, Samuel" | 9 | Samuel Chase (1741–1811) | MD | (Acclamation) | – June 19, 1811 (Died) | ||||||
data-sort-value="Ellsworth" | 10 | Oliver Ellsworth (1745–1807) | CT | (21–1) | – December 15, 1800 (Resigned) | ||||||
data-sort-value="Washington, Bushrod" | 11 | Bushrod Washington (1762–1829) | VA | (Acclamation) | – November 26, 1829 (Died) | John Adams | |||||
data-sort-value="Moore, Alfred" | 12 | Alfred Moore (1755–1810) | NC | (Acclamation) | – January 26, 1804 (Resigned) | ||||||
data-sort-value="Marshall, John" | 13 | John Marshall (1755–1835) | VA | (Acclamation) | – July 6, 1835 (Died) | ||||||
data-sort-value="Johnson, William" | 14 | William Johnson (1771–1834) | SC | (Acclamation) | – August 4, 1834 (Died) | Thomas Jefferson | |||||
data-sort-value="Livingston, Henry B" | 15 | Henry Brockholst Livingston (1757–1823) | NY | (Acclamation) | – March 18, 1823 (Died) | ||||||
data-sort-value="Todd, Thomas" | 16 | Thomas Todd (1765–1826) | KY | (Acclamation) | – February 7, 1826 (Died) | ||||||
data-sort-value="Duvall, Gabriel" | 17 | Gabriel Duvall (1752–1844) | MD | (Acclamation) | – January 14, 1835 (Resigned) | James Madison | |||||
data-sort-value="Story, Joseph" | 18 | Joseph Story (1779–1845) | MA | (Acclamation) | – September 10, 1845 (Died) | ||||||
data-sort-value="Thompswon, Smith" | 19 | Smith Thompson (1768–1843) | NY | (Acclamation) | – December 18, 1843 (Died) | data-sort-value="Monroe, James" | James Monroe | ||||
data-sort-value="Trimble, Robert" | 20 | Robert Trimble (1776–1828) | KY | (25–5) | – August 25, 1828 (Died) | data-sort-value="Adams, John Quincy" | John Quincy Adams | ||||
data-sort-value="McLean, John" | 21 | John McLean (1785–1861) | OH | (Acclamation) | – April 4, 1861 (Died) | Andrew Jackson | |||||
data-sort-value="Baldwin, Henry" | 22 | Henry Baldwin (1780–1844) | PA | (41–2) | – April 21, 1844 (Died) | ||||||
data-sort-value="Wayne, James M" | 23 | James Moore Wayne (1790–1867) | GA | (Acclamation) | – July 5, 1867 (Died) | ||||||
data-sort-value="Taney, Roger B" | 24 | Roger B. Taney (1777–1864) | MD | (29–15) | – October 12, 1864 (Died) | ||||||
data-sort-value="Barbour, Philip P." | 25 | Philip P. Barbour (1783–1841) | VA | (30–11) | – February 25, 1841 (Died) | ||||||
data-sort-value="Catron, John" | 26 | John Catron (1786–1865) | TN | (28–15) | – May 30, 1865 (Died) | ||||||
data-sort-value="McKinley, John" | 27 | John McKinley (1780–1852) | AL | (Acclamation) | – July 19, 1852 (Died) | Martin Van Buren | |||||
data-sort-value="Daniel, Peter V" | 28 | Peter Vivian Daniel (1784–1860) | VA | (25–5) | – May 31, 1860 (Died) | ||||||
data-sort-value="Nelson, Samuel" | 29 | Samuel Nelson (1792–1873) | NY | (Acclamation) | – November 28, 1872 (Retired) | data-sort-value="Tyler, John" | John Tyler | ||||
data-sort-value="Woodbury, Levi" | 30 | Levi Woodbury (1789–1851) | NH | (Acclamation) | – September 4, 1851 (Died) | James K. Polk | |||||
data-sort-value="Grier, Robert C" | 31 | Robert Cooper Grier (1794–1870) | PA | (Acclamation) | – January 31, 1870 (Retired) | ||||||
data-sort-value="Curtis, Benjamin R" | 32 | Benjamin Robbins Curtis (1809–1874) | MA | (Acclamation) | – September 30, 1857 (Resigned) | data-sort-value="Fillmore, Millard" | Millard Fillmore | ||||
data-sort-value="Campbell, John A" | 33 | John Archibald Campbell (1811–1889) | AL | (Acclamation) | – April 30, 1861 (Resigned) | data-sort-value="Pierce, Franklin" | Franklin Pierce | ||||
data-sort-value="Clifford, Nathan" | 34 | Nathan Clifford (1803–1881) | ME | (26–23) | – July 25, 1881 (Died) | data-sort-value="Buchanan, James" | James Buchanan | ||||
data-sort-value="Swayne, Noah H" | 35 | Noah Haynes Swayne (1804–1884) | OH | (38–1) | – January 24, 1881 (Retired) | Abraham Lincoln | |||||
data-sort-value="Miller, Samuel F" | 36 | Samuel Freeman Miller (1816–1890) | IA | (Acclamation) | – October 13, 1890 (Died) | ||||||
data-sort-value="Davis, David" | 37 | David Davis (1815–1886) | IL | (Acclamation) | – March 4, 1877 (Resigned) | ||||||
data-sort-value="Field, Stephen J" | 38 | Stephen Johnson Field (1816–1899) | CA | (Acclamation) | – December 1, 1897 (Retired) | ||||||
data-sort-value="Chase, Salmon P" | 39 | Salmon P. Chase (1808–1873) | OH | (Acclamation) | – May 7, 1873 (Died) | ||||||
data-sort-value="Strong, William" | 40 | William Strong (1808–1895) | PA | (No vote recorded) | – December 14, 1880 (Retired) | Ulysses S. Grant | |||||
data-sort-value="Bradley, Joseph P" | 41 | Joseph P. Bradley (1813–1892) | NJ | (46–9) | – January 22, 1892 (Died) | ||||||
data-sort-value="Hunt, Ward" | 42 | Ward Hunt (1810–1886) | NY | (Acclamation) | – January 27, 1882 (Retired) | ||||||
data-sort-value="Waite, Morrison" | 43 | Morrison Waite (1816–1888) | OH | (63–0) | – March 23, 1888 (Died) | ||||||
data-sort-value="Harlan, John M" | 44 | John Marshall Harlan (1833–1911) | KY | (Acclamation) | – October 14, 1911 (Died) | Rutherford B. Hayes | |||||
data-sort-value="Woods, William B" | 45 | William Burnham Woods (1824–1887) | GA | (39–8) | – May 14, 1887 (Died) | ||||||
data-sort-value="Matthews, Stanley" | 46 | Stanley Matthews (1824–1889) | OH | (24–23) | – March 22, 1889 (Died) | data-sort-value="Garfield, James" | James A. Garfield | ||||
data-sort-value="Gray, Horace" | 47 | Horace Gray (1828–1902) | MA | (51–5) | – September 15, 1902 (Died) | Chester A. Arthur | |||||
data-sort-value="Blatchford, Samuel" | 48 | Samuel Blatchford (1820–1893) | NY | (Acclamation) | – July 7, 1893 (Died) | ||||||
data-sort-value="Lamar, Lucius Q C" | 49 | Lucius Quintus Cincinnatus Lamar (1825–1893) | MS | (32–28) | – January 23, 1893 (Died) | Grover Cleveland | |||||
data-sort-value="Fuller, Melville" | 50 | Melville Fuller (1833–1910) | IL | (41–20) | – July 4, 1910 (Died) | ||||||
data-sort-value="Brewer, David J" | 51 | David J. Brewer (1837–1910) | KS | (53–11) | – March 28, 1910 (Died) | Benjamin Harrison | |||||
data-sort-value="Brown, Henry B" | 52 | Henry Billings Brown (1836–1913) | MI | (Acclamation) | – May 28, 1906 (Retired) | ||||||
data-sort-value="Shiras George Jr" | 53 | George Shiras Jr. (1832–1924) | PA | (Acclamation) | – February 23, 1903 (Retired) | ||||||
data-sort-value="Jackson, Howell E" | 54 | Howell Edmunds Jackson (1832–1895) | TN | (Acclamation) | – August 8, 1895 (Died) | ||||||
data-sort-value="White, Edward Da" | 55 | Edward Douglass White (1845–1921) | LA | (Acclamation) | – December 18, 1910 (Continued as chief justice) | Grover Cleveland | |||||
data-sort-value="Peckham, Rufus W" | 56 | Rufus W. Peckham (1838–1909) | NY | (Acclamation) | – October 24, 1909 (Died) | ||||||
data-sort-value="McKenna, Joseph" | 57 | Joseph McKenna (1843–1926) | CA | (Acclamation) | – January 5, 1925 (Retired) | data-sort-value="McKinley, William" | William McKinley | ||||
data-sort-value="Holmes, Oliver W" | 58 | Oliver Wendell Holmes Jr. (1841–1935) | MA | (Acclamation) | – January 12, 1932 (Retired) | Theodore Roosevelt | |||||
data-sort-value="Day, William R" | 59 | William R. Day (1849–1923) | OH | (Acclamation) | – November 13, 1922 (Retired) | ||||||
data-sort-value="Moody, William H" | 60 | William Henry Moody (1853–1917) | MA | (Acclamation) | – November 20, 1910 (Retired) | ||||||
data-sort-value="Lurton, Horace H" | 61 | Horace Harmon Lurton (1844–1914) | TN | (Acclamation) | – July 12, 1914 (Died) | William Howard Taft | |||||
data-sort-value="Hughes, Charles Ea" | 62 | Charles Evans Hughes (1862–1948) | NY | (Acclamation) | – June 10, 1916 (Resigned) | ||||||
data-sort-value="White, Edward Db" | 55 | Edward Douglass White (1845–1921) | LA | (Acclamation) | – May 19, 1921 (Died) | ||||||
data-sort-value="Van Devanter, Willis" | 63 | Willis Van Devanter (1859–1941) | WY | (Acclamation) | – June 2, 1937 (Retired) | ||||||
data-sort-value="Lamar, Joseph R" | 64 | Joseph Rucker Lamar (1857–1916) | GA | (Acclamation) | – January 2, 1916 (Died) | ||||||
data-sort-value="Pitney, Mahlon" | 65 | Mahlon Pitney (1858–1924) | NJ | (50–26) | – December 31, 1922 (Resigned) | ||||||
data-sort-value="McReynolds, James C" | 66 | James Clark McReynolds (1862–1946) | TN | (44–6) | – January 31, 1941 (Retired) | Woodrow Wilson | |||||
data-sort-value="Brandeis, Louis" | 67 | Louis Brandeis (1856–1941) | MA | (47–22) | – February 13, 1939 (Retired) | ||||||
data-sort-value="Clarke, John H" | 68 | John Hessin Clarke (1857–1945) | OH | (Acclamation) | – September 18, 1922 (Retired) | ||||||
data-sort-value="Taft, William H" | 69 | William Howard Taft (1857–1930) | CT | (Acclamation) | – February 3, 1930 (Retired) | Warren G. Harding | |||||
data-sort-value="Sutherland, George" | 70 | George Sutherland (1862–1942) | UT | (Acclamation) | – January 17, 1938 (Retired) | ||||||
data-sort-value="Butler, Pierce" | 71 | Pierce Butler (1866–1939) | MN | (61–8) | – November 16, 1939 (Died) | ||||||
data-sort-value="Sanford, Edward T" | 72 | Edward Terry Sanford (1865–1930) | TN | (Acclamation) | – March 8, 1930 (Died) | ||||||
data-sort-value="Stone, Harlan Fa" | 73 | Harlan F. Stone (1872–1946) | NY | (71–6) | – July 2, 1941 (Continued as chief justice) | data-sort-value="Coolidge, Calvin" | Calvin Coolidge | ||||
data-sort-value="Hughes, Charles Eb" | 62 | Charles Evans Hughes (1862–1948) | NY | (52–26) | – June 30, 1941 (Retired) | Herbert Hoover | |||||
data-sort-value="Roberts, Owen J" | 74 | Owen Roberts (1875–1955) | PA | (Acclamation) | – July 31, 1945 (Resigned) | ||||||
data-sort-value="Cardozo, Benjamin N" | 75 | Benjamin N. Cardozo (1870–1938) | NY | (Acclamation) | – July 9, 1938 (Died) | ||||||
data-sort-value="Black, Hugo" | 76 | Hugo Black (1886–1971) | AL | (63–16) | – September 17, 1971 (Retired) | Franklin D. Roosevelt | |||||
data-sort-value="Reed, Stanley F" | 77 | Stanley Forman Reed (1884–1980) | KY | (Acclamation) | – February 25, 1957 (Retired) | ||||||
data-sort-value="Frankfurter, Felix" | 78 | Felix Frankfurter (1882–1965) | MA | (Acclamation) | – August 28, 1962 (Retired) | ||||||
data-sort-value="Douglas, William O" | 79 | William O. Douglas (1898–1980) | CT | (62–4) | – November 12, 1975 (Retired) | ||||||
data-sort-value="Murphy, Frank" | 80 | Frank Murphy (1890–1949) | MI | (Acclamation) | – July 19, 1949 (Died) | ||||||
data-sort-value="Stone, Harlan Fb" | 73 | Harlan F. Stone (1872–1946) | NY | (Acclamation) | – April 22, 1946 (Died) | ||||||
data-sort-value="Byrnes, James F" | 81 | James F. Byrnes (1882–1972) | SC | (Acclamation) | – October 3, 1942 (Resigned) | ||||||
data-sort-value="Jackson, Robert H" | 82 | Robert H. Jackson (1892–1954) | NY | (Acclamation) | – October 9, 1954 (Died) | ||||||
data-sort-value="Rutledge, Wiley" | 83 | Wiley Blount Rutledge (1894–1949) | IA | (Acclamation) | – September 10, 1949 (Died) | ||||||
data-sort-value="Burton, Harold" | 84 | Harold Hitz Burton (1888–1964) | OH | (Acclamation) | – October 13, 1958 (Retired) | Harry S. Truman | |||||
data-sort-value="Vinson, Fred M" | 85 | Fred M. Vinson (1890–1953) | KY | (Acclamation) | – September 8, 1953 (Died) | ||||||
data-sort-value="Clark, Tom C" | 86 | Tom C. Clark (1899–1977) | TX | (73–8) | – June 12, 1967 (Retired) | ||||||
data-sort-value="Minton, Sherman" | 87 | Sherman Minton (1890–1965) | IN | (48–16) | – October 15, 1956 (Retired) | ||||||
data-sort-value="Warren, Earl" | 88 | Earl Warren (1891–1974) | CA | (Acclamation) | – June 23, 1969 (Retired) | Dwight D. Eisenhower | |||||
data-sort-value="Harlan, John M second" | 89 | John Marshall Harlan II (1899–1971) | NY | (71–11) | – September 23, 1971 (Retired) | ||||||
data-sort-value="Brennan, William J" | 90 | William J. Brennan Jr. (1906–1997) | NJ | (Acclamation) | – July 20, 1990 (Retired) | ||||||
data-sort-value="Whittaker, Charles" | 91 | Charles Evans Whittaker (1901–1973) | MO | (Acclamation) | – March 31, 1962 (Retired) | ||||||
data-sort-value="Stewert, Potter" | 92 | Potter Stewart (1915–1985) | OH | (70–17) | – July 3, 1981 (Retired) | ||||||
data-sort-value="White, Byron" | 93 | Byron White (1917–2002) | CO | (Acclamation) | – June 28, 1993 (Retired) | John F. Kennedy | |||||
data-sort-value="Goldberg, Arthur" | 94 | Arthur Goldberg (1908–1990) | IL | (Acclamation) | – July 25, 1965 (Resigned) | ||||||
data-sort-value="Fortas, Abe" | 95 | Abe Fortas (1910–1982) | TN | (Acclamation) | – May 14, 1969 (Resigned) | Lyndon B. Johnson | |||||
data-sort-value="Marshall, Thurgood" | 96 | Thurgood Marshall (1908–1993) | NY | (69–11) | – October 1, 1991 (Retired) | ||||||
data-sort-value="Burger, Warren E" | 97 | Warren E. Burger (1907–1995) | VA | (74–3) | – September 26, 1986 (Retired) | Richard Nixon | |||||
data-sort-value="Blackmun, Harry" | 98 | Harry Blackmun (1908–1999) | MN | (94–0) | – August 3, 1994 (Retired) | ||||||
data-sort-value="Powell, Lewis F" | 99 | Lewis F. Powell Jr. (1907–1998) | VA | (89–1) | – June 26, 1987 (Retired) | ||||||
data-sort-value="Rehnquist, Williama" | 100 | William Rehnquist (1924–2005) | AZ | (68–26) | – September 26, 1986 (Continued as chief justice) | ||||||
data-sort-value="Stevens, John P." | 101 | John Paul Stevens (1920–2019) | IL | (98–0) | – June 29, 2010 (Retired) | data-sort-value="Ford, Gerald" | Gerald Ford | ||||
data-sort-value="O'Connor, Sandra D" | 102 | Sandra Day O'Connor (1930–2023) | AZ | (99–0) | – January 31, 2006 (Retired) | Ronald Reagan | |||||
data-sort-value="Rehnquist, Williamb" | 100 | William Rehnquist (1924–2005) | VA | (65–33) | – September 3, 2005 (Died) | ||||||
data-sort-value="Scalia, Antonin" | 103 | Antonin Scalia (1936–2016) | VA | (98–0) | – February 13, 2016 (Died) | ||||||
data-sort-value="Kennedy, Anthony" | 104 | Anthony Kennedy (born 1936) | CA | (97–0) | – July 31, 2018 (Retired) | ||||||
data-sort-value="Souter, David" | 105 | David Souter (born 1939) | NH | (90–9) | – June 29, 2009 (Retired) | George H. W. Bush | |||||
data-sort-value="Thomas, Clarence" | 106 | Clarence Thomas (born 1948) | GA | (52–48) | – Incumbent | ||||||
data-sort-value="Ginsberg, Ruth B" | 107 | Ruth Bader Ginsburg (1933–2020) | NY | (96–3) | – September 18, 2020 (Died) | Bill Clinton | |||||
data-sort-value="Breyer, Stephen" | 108 | Stephen Breyer (born 1938) | MA | (87–9) | – June 30, 2022 (Retired) | ||||||
data-sort-value="Roberts, John" | 109 | John Roberts (born 1955) | MD | (78–22) | – Incumbent | George W. Bush | |||||
data-sort-value="Alito, Samuel" | 110 | Samuel Alito (born 1950) | NJ | (58–42) | – Incumbent | ||||||
data-sort-value="Sotomayor, Sonia" | 111 | Sonia Sotomayor (born 1954) | NY | (68–31) | – Incumbent | Barack Obama | |||||
data-sort-value="Kagan, Elena" | 112 | Elena Kagan (born 1960) | MA | (63–37) | – Incumbent | ||||||
data-sort-value="Gorsuch, Neil" | 113 | Neil Gorsuch (born 1967) | CO | (54–45) | – Incumbent | Donald Trump | |||||
data-sort-value="Kavanaugh, Brett" | 114 | Brett Kavanaugh (born 1965) | MD | (50–48) | – Incumbent | ||||||
data-sort-value="Barrett, Amy C." | 115 | Amy Coney Barrett (born 1972) | IN | (52–48) | – Incumbent | ||||||
data-sort-value="Jackson, Ketanji B." | 116 | Ketanji Brown Jackson (born 1970) | DC | (53–47) | – Incumbent | Joe Biden | |||||
Justice | State | Position | Replacing | Date confirmed (Vote) | Tenure | Tenure length | Nominated by |
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.