An associate justice of the Supreme Court of the United States is a justice of the Supreme Court of the United States, other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 1869.[1]
Article II, Section 2, Clause 2 of the Constitution of the United States grants plenary power to the president to nominate, and with the advice and consent (confirmation) of the Senate, appoint justices to the Supreme Court. Article III, Section 1 of the Constitution effectively grants life tenure to associate justices, and all other federal judges, which ends only when a justice dies, retires, resigns, or is impeached and convicted.[2]
Each Supreme Court justice has a single vote in deciding the cases argued before it, and the chief justice's vote counts no more than that of any other justice; however, the chief justice leads the discussion of the case among the justices. Furthermore, the chief justice—when in the majority—decides who writes the court's opinion; otherwise, the senior justice in the majority assigns the writing of a decision. The chief justice also has certain administrative responsibilities that the other justices do not and is paid slightly more ($298,500 per year as of 2023, compared to $285,400 per year for an associate justice).[3]
Associate justices have seniority in order of the date their respective commissions bear, although the chief justice is always considered to be the most senior justice. If two justices are commissioned on the same day, the elder is designated the senior justice of the two. Currently, the senior associate justice is Clarence Thomas. By tradition, when the justices are in conference deliberating the outcome of cases before the Supreme Court, the justices state their views in order of seniority. The senior associate justice is also tasked with carrying out the chief justice's duties when he is unable to, or if that office is vacant.
There are currently eight associate justices on the Supreme Court. The justices, ordered by seniority, are:
An associate justice who leaves the Supreme Court after attaining the age and meeting the service requirements prescribed by federal statute may retire rather than resign. After retirement, they keep their title, and by custom may also keep a set of chambers in the Supreme Court building, and employ law clerks. The names of retired associate justices continue to appear alongside those of the active justices in the bound volumes of Supreme Court decisions. Federal statute provides that retired Supreme Court justices may serve—if designated and assigned by the chief justice—on panels of the U.S. courts of appeals, or on the U.S. district courts. Retired justices are not, however, authorized to take part in the consideration or decision of any cases before the Supreme Court (unlike other retired federal judges who may be permitted to do so in their former courts); neither are they known or designated as a "senior judge". When, after his retirement, William O. Douglas attempted to take a more active role than was customary, maintaining that it was his prerogative to do so because of his senior status, he was rebuffed by Chief Justice Warren Burger and admonished by the whole Court.[4]
There are currently three living retired associate justices: David Souter, retired June 29, 2009; Anthony Kennedy, retired July 31, 2018; and Stephen Breyer, retired June 30, 2022. Souter has served on panels of the First Circuit Courts of Appeals following his retirement; Kennedy and Breyer have not performed any judicial duties since retiring.
Since the Supreme Court was established in 1789, the following 104 persons have served as an associate justice:[5] [6]
| Associate justice | Seat | Replacing | Date confirmed (Vote) | Tenure | Appointed by | Prior position | ||||
|---|---|---|---|---|---|---|---|---|---|---|
| data-sort-value="Rutledge, John" | 1 | John Rutledge | 1st | (new seat) | (Acclamation) | – March 4, 1791 (Resigned) | George Washington | 31st governor of South Carolina (1779–1782) | ||
| data-sort-value="Cushing, William" | 2 | William Cushing | 2nd | (new seat) | (Acclamation) | – September 13, 1810 | Chief Justice of the Massachusetts Superior Court (1777–1789) | |||
| data-sort-value="Wilson, James" | 3 | James Wilson | 3rd | (new seat) | (Acclamation) | – August 21, 1798 | Delegate to the Constitutional Convention (1787) | |||
| data-sort-value="Blair, John Jr." | 4 | John Blair | 4th | (new seat) | (Acclamation) | – October 25, 1795 | Member of the Virginia House of Burgesses (1766–1770) | |||
| data-sort-value="Iredell, James" | 5 | James Iredell | 5th | (new seat) | (Acclamation) | – October 20, 1799 | 2nd attorney general of North Carolina (1779–1782) | |||
| data-sort-value="Johnson, Thomas" | 6 | Thomas Johnson | 1st | J. Rutledge | (Acclamation) | – January 16, 1793 | 1st governor of Maryland (1777–1779) | |||
| data-sort-value="Paterson, William" | 7 | William Paterson | T. Johnson | (Acclamation) | – September 8, 1806 | 2nd governor of New Jersey (1790–1793) | ||||
| data-sort-value="Chase, Samuel" | 8 | Samuel Chase | 4th | Blair | (Acclamation) | – June 19, 1811 | Chief Justice of the Maryland General Court (1791–1796) | |||
| data-sort-value="Washington, Bushrod" | 9 | Bushrod Washington | 3rd | Wilson | (Acclamation) | – November 26, 1829 | John Adams | Delegate to the Virginia Ratifying Convention (1788) | ||
| data-sort-value="Moore, Alfred" | 10 | Alfred Moore | 5th | Iredell | (Acclamation) | – January 26, 1804 | 3rd attorney general of North Carolina (1782–1791) | |||
| data-sort-value="Johnson, William" | 11 | William Johnson | 5th | Moore | (Acclamation) | – August 4, 1834 | Thomas Jefferson | Speaker of the South Carolina House of Representatives (1798–1800) | ||
| data-sort-value="Livingston, Henry B." | 12 | Henry Brockholst Livingston | 1st | Paterson | (Acclamation) | – March 18, 1823 | Justice of the New York Supreme Court (1802–1807) | |||
| data-sort-value="Todd, Thomas" | 13 | Thomas Todd | 6th | (new seat) | (Acclamation) | – February 7, 1826 | Chief Justice of the Kentucky Court of Appeals (1806–1807) | |||
| data-sort-value="Duvall, Gabriel" | 14 | Gabriel Duvall | 4th | Chase | (Acclamation) | – January 12, 1835 | James Madison | U.S. representative for Maryland's 2nd district (1794–1796) | ||
| data-sort-value="Story, Joseph" | 15 | Joseph Story | 2nd | Cushing | (Acclamation) | – September 10, 1845 | U.S. representative for Massachusetts's 2nd district (1808–1809) | |||
| data-sort-value="Thompson, Smith" | 16 | Smith Thompson | 1st | Livingston | (Acclamation) | – December 18, 1843 | James Monroe | 6th United States secretary of the Navy (1819–1823) | ||
| data-sort-value="Trimble, Robert" | 17 | Robert Trimble | 6th | Todd | (25–5) | – August 25, 1828 | John Quincy Adams | Judge of the United States District Court for the District of Kentucky (1817–1826) | ||
| data-sort-value="McLean, John" | 18 | John McLean | Trimble | (Acclamation) | – April 4, 1861 | Andrew Jackson | 6th United States postmaster general (1823–1829) | |||
| data-sort-value="Baldwin, Henry" | 19 | Henry Baldwin | 3rd | Washington | (41–2) | – April 21, 1844 | U.S. representative for Pennsylvania's 14th district (1817–1822) | |||
| data-sort-value="Wayne, James M." | 20 | James Moore Wayne | 5th | W. Johnson | (Acclamation) | – July 5, 1867 | U.S. representative for Georgia's at-large district (1829–1835) | |||
| data-sort-value="Barbour, Philip P." | 21 | Philip P. Barbour | 4th | Duvall | (30–11) | – February 25, 1841 | Judge of the United States District Court for the Eastern District of Virginia (1830–1836) | |||
| data-sort-value="Catron, John" | 22 | John Catron | 7th | (new seat) | (28–15) | – May 30, 1865 | Judge of the Tennessee Supreme Court of Errors and Appeals (1824–1834) | |||
| data-sort-value="McKinley, John" | 23 | John McKinley | 8th | (new seat) | (Acclamation) | – July 19, 1852 | Martin Van Buren | United States senator from Alabama (1826–1831, 1837) | ||
| data-sort-value="Daniel, Peter V." | 24 | Peter Vivian Daniel | 4th | Barbour | (25–5) | – May 31, 1860 | Judge of the United States District Court for the Eastern District of Virginia (1836–1841) | |||
| data-sort-value="Nelson, Samuel" | 25 | Samuel Nelson | 1st | Thompson | (Acclamation) | – November 28, 1872 | John Tyler | Chief Justice of the New York Supreme Court (1831–1845) | ||
| data-sort-value="Woodbury, Levi" | 26 | Levi Woodbury | 2nd | Story | (Acclamation) | – September 4, 1851 | James K. Polk | 13th United States secretary of the treasury (1834–1841) | ||
| data-sort-value="Grier, Robert C." | 27 | Robert Cooper Grier | 3rd | Baldwin | (Acclamation) | – January 31, 1870 | Judge for the Pennsylvania state District Court for Allegheny County (1833–1846) | |||
| data-sort-value="Curtis, Benjamin R." | 28 | Benjamin Robbins Curtis | 2nd | Woodbury | (Acclamation) | – September 30, 1857 | Millard Fillmore | Massachusetts state representative | ||
| data-sort-value="Campbell, John A." | 29 | John Archibald Campbell | 8th | McKinley | (Acclamation) | – April 30, 1861 | Franklin Pierce | Alabama state representative | ||
| data-sort-value="Clifford, Nathan" | 30 | Nathan Clifford | 2nd | Curtis | (26–23) | – July 25, 1881 | James Buchanan | 19th United States attorney general (1846–1848) | ||
| data-sort-value="Swayne, Noah H." | 31 | Noah Haynes Swayne | 6th | McLean | (38–1) | – January 24, 1881 | Abraham Lincoln | U.S. attorney for the District of Ohio (1830–1834) | ||
| data-sort-value="Miller, Samuel F." | 32 | Samuel Freeman Miller | 4th | Daniel | (Acclamation) | – October 13, 1890 | Lawyer, Private practice | |||
| data-sort-value="Davis, David" | 33 | David Davis | 8th | Campbell | (Acclamation) | – March 3, 1877 | Judge of the Illinois 3rd Circuit Court (1848–1862) | |||
| data-sort-value="Field, Stephen J." | 34 | Stephen Johnson Field | 9th | (new seat) | (Acclamation) | – December 1, 1897 | 5th chief justice of California (1859–1863) | |||
| data-sort-value="Strong, William" | 35 | William Strong | 3rd | Grier | (Acclamation) | – December 14, 1880 | Ulysses S. Grant | U.S. representative for Pennsylvania's 9th district (1847–1851) | ||
| data-sort-value="Bradley, Joseph P." | 36 | Joseph P. Bradley | 10th | (new seat) | (46–9) | – January 22, 1892 | Lawyer, Private practice | |||
| data-sort-value="Hunt, Ward" | 37 | Ward Hunt | 1st | Nelson | (Acclamation) | – January 27, 1882 | Chief Judge of the New York Court of Appeals (1868–1872) | |||
| data-sort-value="Harlan, John M." | 38 | John Marshall Harlan | 8th | Davis | (Acclamation) | – October 14, 1911 | Rutherford B. Hayes | 14th attorney general of Kentucky (1863–1867) | ||
| data-sort-value="Woods, William B." | 39 | William Burnham Woods | 3rd | Strong | (39–8) | – May 14, 1887 | Judge of the United States Court of Appeals for the Fifth Circuit (1869–1880) | |||
| data-sort-value="Matthews, Stanley" | 40 | Stanley Matthews | 6th | Swayne | (24–23) | – March 22, 1889 | James A. Garfield | United States senator from Ohio (1877–1879) | ||
| data-sort-value="Gray, Horace" | 41 | Horace Gray | 2nd | Clifford | (51–5) | – September 15, 1902 | Chester A. Arthur | Chief Justice of the Massachusetts Supreme Judicial Court (1873–1881) | ||
| data-sort-value="Blatchford, Samuel" | 42 | Samuel Blatchford | 1st | Hunt | (Acclamation) | – July 7, 1893 | Judge of the United States Court of Appeals for the Second Circuit (1878–1882) | |||
| data-sort-value="Lamar, Lucius Q. C. II" | 43 | Lucius Quintus Cincinnatus Lamar II | 3rd | Woods | (32–28) | – January 23, 1893 | Grover Cleveland | 16th United States secretary of the interior (1885–1888) | ||
| data-sort-value="Brewer, David J." | 44 | David Josiah Brewer | 6th | Matthews | (53–11) | – March 28, 1910 | Benjamin Harrison | Judge of the United States Court of Appeals for the Eighth Circuit (1884–1889) | ||
| data-sort-value="Brown, Henry B." | 45 | Henry Billings Brown | 4th | Miller | (Acclamation) | – May 28, 1906 | Judge of the United States District Court for the Eastern District of Michigan (1875–1890) | |||
| data-sort-value="Shiras, George Jr." | 46 | George Shiras Jr. | 10th | Bradley | (Acclamation) | – February 23, 1903 | Lawyer, Private practice | |||
| data-sort-value="Jackson, Howell E." | 47 | Howell Edmunds Jackson | 3rd | L. Lamar | (Acclamation) | – August 8, 1895 | Judge of the United States Court of Appeals for the Sixth Circuit (1891–1893) | |||
| data-sort-value="White, Edward D." | 48 | Edward Douglass White | 1st | Blatchford | (Acclamation) | – December 18, 1910 (Continued as chief justice) | Grover Cleveland | United States senator from Louisiana (1891–1894) | ||
| data-sort-value="Peckham, Rufus W." | 49 | Rufus W. Peckham | 3rd | H. Jackson | (Acclamation) | – October 24, 1909 | Associate Judge of the New York Court of Appeals | |||
| data-sort-value="McKenna, Joseph" | 50 | Joseph McKenna | 9th | Field | (Acclamation) | – January 5, 1925 | William McKinley | 42nd United States attorney general (1897–1898) | ||
| data-sort-value="Holmes, Oliver W." | 51 | Oliver Wendell Holmes Jr. | 2nd | Gray | (Acclamation) | – January 12, 1932 | Theodore Roosevelt | Chief Justice of the Massachusetts Supreme Judicial Court (1899–1902) | ||
| data-sort-value="Day, William R." | 52 | William R. Day | 10th | Shiras | (Acclamation) | – November 13, 1922 | Judge of the United States Court of Appeals for the Sixth Circuit (1899–1903) | |||
| data-sort-value="Moody, William H." | 53 | William Henry Moody | 4th | Brown | (Acclamation) | – November 20, 1910 | 45th United States attorney general (1904–1906) | |||
| data-sort-value="Lurton, Horace H." | 54 | Horace Harmon Lurton | 3rd | Peckham | (Acclamation) | – July 12, 1914 | William Howard Taft | Judge of the United States Court of Appeals for the Sixth Circuit (1893–1909) | ||
| data-sort-value="Hughes, Charles E." | 55 | Charles Evans Hughes | 6th | Brewer | (Acclamation) | – June 10, 1916 (Resigned) | 36th governor of New York (1907–1910) | |||
| data-sort-value="Van Deventer, Willis" | 56 | Willis Van Devanter | 1st | E. White | (Acclamation) | – June 2, 1937 | Judge of the United States Court of Appeals for the Eighth Circuit (1903–1910) | |||
| data-sort-value="lamar, Joseph R." | 57 | Joseph Rucker Lamar | 4th | Moody | (Acclamation) | – January 2, 1916 | Associate Justice of the Supreme Court of Georgia (1901–1905) | |||
| data-sort-value="Pitney, Mahlon" | 58 | Mahlon Pitney | 8th | J. Harlan I | (50–26) | – December 31, 1922 | U.S. representative for New Jersey's 4th district (1895–1899) | |||
| data-sort-value="McReynolds, James C." | 59 | James Clark McReynolds | 3rd | Lurton | (44–6) | – January 31, 1941 | Woodrow Wilson | 48th United States attorney general (1913–1914) | ||
| data-sort-value="Brandeis Lewis" | 60 | Louis Brandeis | 4th | J. Lamar | (47–22) | – February 13, 1939 | Lawyer, Private practice: Brandeis Dunbar & Nutter[7] | |||
| data-sort-value="Clarke, John H." | 61 | John Hessin Clarke | 6th | Hughes | (Acclamation) | – September 5, 1922 | Judge of the United States District Court for the Northern District of Ohio (1914–1916) | |||
| data-sort-value="Sutherland, George" | 62 | George Sutherland | Clarke | (Acclamation) | – January 17, 1938 | Warren G. Harding | United States senator from Utah (1905–1917) | |||
| data-sort-value="Butler, Pierce" | 63 | Pierce Butler | 10th | Day | (61–8) | – November 16, 1939 | President of the Minnesota State Bar Association | |||
| data-sort-value="Sanford, Edward T." | 64 | Edward Terry Sanford | 8th | Pitney | (Acclamation) | – March 8, 1930 | Judge of the United States District Court for the Middle District of Tennessee (1908–1923) | |||
| data-sort-value="Stone, Harlan F." | 65 | Harlan F. Stone | 9th | McKenna | (71–6) | – July 3, 1941 (Continued as chief justice) | Calvin Coolidge | 52nd United States attorney general (1924–1925) | ||
| data-sort-value="Roberts, Owen J." | 66 | Owen Roberts | 8th | Sanford | (Acclamation) | – July 31, 1945 | Herbert Hoover | Assistant District Attorney for Philadelphia | ||
| data-sort-value="Cardozo, Benjamin N." | 67 | Benjamin N. Cardozo | 2nd | Holmes | (Acclamation) | – July 9, 1938 | Chief Judge of the New York Court of Appeals (1927–1932) | |||
| data-sort-value="Black, Hugo" | 68 | Hugo Black | 1st | Van Devanter | (63–16) | – September 17, 1971 | Franklin D. Roosevelt | United States senator from Alabama (1927–1937) | ||
| data-sort-value="Reed, Stanley F." | 69 | Stanley Forman Reed | 6th | Sutherland | (Acclamation) | – February 25, 1957 | 22nd United States solicitor general (1935–1938) | |||
| data-sort-value="Frankfurter, Felix" | 70 | Felix Frankfurter | 2nd | Cardozo | (Acclamation) | – August 28, 1962 | Chairman of Harvard Law School | |||
| data-sort-value="Douglass, William O." | 71 | William O. Douglas | 4th | Brandeis | (62–4) | – November 12, 1975 | 3rd chairman of the Securities and Exchange Commission (1937–1939) | |||
| data-sort-value="Murphy, Frank" | 72 | Frank Murphy | 10th | Butler | (Acclamation) | – July 19, 1949 | 56th United States attorney general (1939–1940) | |||
| data-sort-value="Byrnes, James F." | 73 | James F. Byrnes | 3rd | McReynolds | (Acclamation) | – October 3, 1942 | United States senator from South Carolina (1931–1941) | |||
| data-sort-value="Jackson, Robert H." | 74 | Robert H. Jackson | 9th | Stone | (Acclamation) | – October 9, 1954 | 57th United States attorney general (1940–1941) | |||
| data-sort-value="Rutledge, Wiley B." | 75 | Wiley Blount Rutledge | 3rd | Byrnes | (Acclamation) | – September 10, 1949 | Judge of the United States Court of Appeals for the District of Columbia Circuit (1939–1943) | |||
| data-sort-value="Burton, Harold H." | 76 | Harold Hitz Burton | 8th | Roberts | (Acclamation) | – October 13, 1958 | Harry S. Truman | United States senator from Ohio (1941–1945) | ||
| data-sort-value="Clark, Tom C." | 77 | Tom C. Clark | 10th | Murphy | (73–8) | – June 12, 1967 | 59th United States attorney general (1945–1949) | |||
| data-sort-value="Minton, Sherman" | 78 | Sherman Minton | 3rd | W. Rutledge | (48–16) | – October 15, 1956 | Judge of the United States Court of Appeals for the Seventh Circuit (1941–1949) | |||
| data-sort-value="Harlan, John M. II" | 79 | John Marshall Harlan | 9th | R. Jackson | (71–11) | – September 23, 1971 | Dwight D. Eisenhower | Judge of the United States Court of Appeals for the Second Circuit (1954–1955) | ||
| data-sort-value="Brennan, William J." | 80 | William J. Brennan Jr. | 3rd | Minton | (Acclamation) | – July 20, 1990 | Associate Justice of the Supreme Court of New Jersey (1951–1956) | |||
| data-sort-value="Whittaker, Charles E." | 81 | Charles Evans Whittaker | 6th | Reed | (Acclamation) | – March 31, 1962 | Judge of the United States Court of Appeals for the Eighth Circuit (1956–1957) | |||
| data-sort-value="Potter, Stewart" | 82 | Potter Stewart | 8th | Burton | (70–17) | – July 3, 1981 | Judge of the United States Court of Appeals for the Sixth Circuit (1954–1958) | |||
| data-sort-value="White, Byron" | 83 | Byron White | 6th | Whittaker | (Acclamation) | – June 28, 1993 | John F. Kennedy | 4th United States deputy attorney general (1961–1962) | ||
| data-sort-value="Goldberg, Arthur" | 84 | Arthur Goldberg | 2nd | Frankfurter | (Acclamation) | – July 26, 1965 | 9th United States secretary of labor (1961–1962) | |||
| data-sort-value="Fortas, Abe" | 85 | Abe Fortas | Goldberg | (Acclamation) | – May 14, 1969 | Lyndon B. Johnson | United States under secretary of the interior | |||
| data-sort-value="Marshall, Thurgood" | 86 | Thurgood Marshall | 10th | Clark | (69–11) | – October 1, 1991 | 32nd solicitor general of the United States (1965–1967) | |||
| data-sort-value="Blackman, Harry" | 87 | Harry Blackmun | 2nd | Fortas | (94–0) | – August 3, 1994 | Richard Nixon | Judge of the United States Court of Appeals for the Eighth Circuit (1959–1970) | ||
| data-sort-value="Powell, Lewis F. Jr." | 88 | Lewis F. Powell Jr. | 1st | Black | (89–1) | – June 26, 1987 | President of the American Bar Association (1964–1965) | |||
| data-sort-value="Rehnquist, William" | 89 | William Rehnquist | 9th | J. Harlan II | (68–26) | – September 26, 1986 (Continued as chief justice) | United States assistant attorney general for the Office of Legal Counsel (1969–1971) | |||
| data-sort-value="Stevens, John P." | 90 | John Paul Stevens | 4th | Douglas | (98–0) | – June 29, 2010 | Gerald Ford | Judge of the United States Court of Appeals for the Seventh Circuit (1970–1975) | ||
| data-sort-value="O'Connor, Sandra D." | 91 | Sandra Day O'Connor | 8th | Stewart | (99–0) | – January 31, 2006 | Ronald Reagan | Judge of the Arizona Court of Appeals (1979–1981) | ||
| data-sort-value="Scalia, Antonin" | 92 | Antonin Scalia | 9th | Rehnquist | (98–0) | – February 13, 2016 | Judge of the United States Court of Appeals for the District of Columbia Circuit (1982–1986) | |||
| data-sort-value="Kennedy, Anthony" | 93 | Anthony Kennedy | 1st | Powell | (97–0) | – July 31, 2018 | Judge of the United States Court of Appeals for the Ninth Circuit (1975–1988) | |||
| data-sort-value="Souter, David" | 94 | David Souter | 3rd | Brennan | (90–9) | – June 29, 2009 | George H. W. Bush | Judge of the United States Court of Appeals for the First Circuit (1990) | ||
| data-sort-value="Thomas, Clarence" | 95 | Clarence Thomas | 10th | Marshall | (52–48) | – Incumbent | Judge of the United States Court of Appeals for the District of Columbia Circuit (1990–1991) | |||
| data-sort-value="Ginsburg, Ruth B." | 96 | Ruth Bader Ginsburg | 6th | B. White | (96–3) | – | Bill Clinton | Judge of the United States Court of Appeals for the District of Columbia Circuit (1980–1993) | ||
| data-sort-value="Breyer, Stephen" | 97 | Stephen Breyer | 2nd | Blackmun | (87–9) | – June 30, 2022 | Chief Judge of the United States Court of Appeals for the First Circuit (1990–1994) | |||
| data-sort-value="Alito, Samuel" | 98 | Samuel Alito | 8th | O'Connor | (58–42) | – Incumbent | George W. Bush | Judge of the United States Court of Appeals for the Third Circuit (1990–2006) | ||
| data-sort-value="Soromayor, Sonia" | 99 | Sonia Sotomayor | 3rd | Souter | (68–31) | – Incumbent | Barack Obama | Judge of the United States Court of Appeals for the Second Circuit (1998–2009) | ||
| data-sort-value="Kagan, Elena" | 100 | Elena Kagan | 4th | Stevens | (63–37) | – Incumbent | 45th solicitor general of the United States (2009–2010) | |||
| data-sort-value="Gorsuch, Neil" | 101 | Neil Gorsuch | 9th | Scalia | (54–45) | – Incumbent | Donald Trump | Judge of the United States Court of Appeals for the Tenth Circuit (2006–2017) | ||
| data-sort-value="Kavanaugh, Brett" | 102 | Brett Kavanaugh | 1st | Kennedy | (50–48) | – Incumbent | Judge of the United States Court of Appeals for the District of Columbia Circuit (2006–2018) | |||
| data-sort-value="Barrett, Amy Coney" | 103 | Amy Coney Barrett | 6th | Ginsburg | (52–48) | – Incumbent | Judge of the United States Court of Appeals for the Seventh Circuit (2017–2020) | |||
| data-sort-value="Jackson, Ketanji Brown" | 104 | Ketanji Brown Jackson | 2nd | Breyer | (53–47) | – Incumbent | Joe Biden | Judge of the United States Court of Appeals for the District of Columbia Circuit (2021–2022) | ||