How long do Supreme Court justices serve?

Supreme Court justices serve for life, during good behavior. This means they hold their positions until they die, retire voluntarily, or are removed through impeachment. The lifetime tenure rule is set by Article III, Section 1 of the Constitution, which says federal judges shall hold their Offices during good Behaviour.

The framers chose lifetime tenure deliberately to insulate judges from political pressure. They wanted judges to make rulings based on the law and the Constitution, not on what was popular or what would please the President or Congress. Alexander Hamilton defended the rule in Federalist No. 78, arguing that the independence of the courts was essential to protecting the Constitution and individual rights against majoritarian pressures.

In practice, lifetime tenure means Supreme Court justices often serve for many decades. The longest-serving justice, William O. Douglas, served 36 years from 1939 to 1975. Other long-serving justices include John Marshall (34 years as Chief Justice), Stephen Field (34 years), and Hugo Black (34 years). The average tenure of recent justices has been about 25 years, though tenures have been getting longer as nominees are appointed at younger ages and live longer. Since 1970, the average age at appointment has been about 53, and many justices have served well into their 80s.

Justices can step down voluntarily through retirement, which since 1937 has carried full salary and continued status as a senior judge eligible for limited duties. Justices Anthony Kennedy and David Souter retired in this manner. Justices can also leave by death in office, as Justice Antonin Scalia did in 2016 and Justice Ruth Bader Ginsburg did in 2020.

The only formal mechanism for involuntary removal is impeachment by the House and conviction by the Senate. Only one Supreme Court justice has ever been impeached, Samuel Chase in 1804, and he was acquitted by the Senate.

Lifetime tenure is sometimes criticized as outdated. Critics argue it concentrates too much power in the hands of justices who are not directly accountable to voters and creates incentives for presidents to appoint younger nominees who will serve longer. Defenders say it preserves judicial independence and prevents the Court from becoming a political institution.