From Surf Wiki (app.surf) — the open knowledge base

Associate Justice of the Supreme Court of the United States

United States federal judge position

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.

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.

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).

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.

Current associate justices

There are currently eight associate justices on the Supreme Court. The justices, ordered by seniority, are: File:Clarence Thomas official SCOTUS portrait.jpg|Clarence Thomas, since October 23, 1991 File:010 alito.jpg|Samuel Alito, since January 31, 2006 File:Sonia Sotomayor in SCOTUS robe.jpg|Sonia Sotomayor, since August 8, 2009 File:Elena Kagan Official SCOTUS Portrait (2013).jpg|Elena Kagan, since August 7, 2010 File:Associate Justice Neil Gorsuch Official Portrait.jpg|Neil Gorsuch, since April 10, 2017 File:Associate Justice Brett Kavanaugh Official Portrait (full length).jpg|Brett Kavanaugh, since October 6, 2018 File:Justice Amy Coney Barrett (cropped).jpg|Amy Coney Barrett, since October 27, 2020 File:Justice Jackson Official Portrait.jpg|alt=|Ketanji Brown Jackson, since June 30, 2022

Retired associate justices

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. There are currently two living retired associate justices: Anthony Kennedy, retired July 31, 2018, and Stephen Breyer, retired June 30, 2022.

List of associate justices

Since the Supreme Court was established in 1789, the following 104 persons have served as an associate justice:

Associate justice	Replacing	Date confirmed
(Vote)	Tenure	Appointed by	Prior position
1	[[File:John Rutledge color painting.jpg	100px]]	John Rutledge	(new seat)
(Acclamation)
–
March 4, 1791
(Resigned)
2	[[File:William Cushing (Restored).jpg	100px]]	William Cushing	(new seat)
(Acclamation)
–
September 13, 1810
(Died)
3	[[File:JusticeJamesWilson.jpg	100px]]	James Wilson	(new seat)
(Acclamation)
–
August 21, 1798
(Died)
4	[[File:John Blair (page 82 crop).jpg	100px]]	John Blair	(new seat)
(Acclamation)
–
October 25, 1795
(Resigned)
5	[[File:JamesIredell.jpg	100px]]	James Iredell	(new seat)
(Acclamation)
–
October 20, 1799
(Died)
6	[[File:Thomas Johnson (governor).jpeg	100px]]	Thomas Johnson	J. Rutledge
(Acclamation)
–
January 16, 1793
(Resigned)
7	[[File:William Paterson copy.jpg	100px]]	William Paterson	T. Johnson
(Acclamation)
–
September 8, 1806
(Died)
8	[[File:John Wesley Jarvis - Samuel Chase - NPG.67.2 - National Portrait Gallery.jpg	100px]]	Samuel Chase	Blair
(Acclamation)
–
June 19, 1811
(Died)
9	[[File:BushrodWashington.jpg	100px]]	Bushrod Washington	Wilson
(Acclamation)
–
November 26, 1829
(Died)
10	[[File:AlfredMoore.jpg	100px]]	Alfred Moore	Iredell
(Acclamation)
–
January 26, 1804
(Resigned)
11	[[File:WilliamJohnson.jpg	100px]]	William Johnson	Moore
(Acclamation)
–
August 4, 1834
(Died)
12	[[File:H. Brockholst Livingston.jpg	100px]]	Henry Brockholst Livingston	Paterson
(Acclamation)
–
March 18, 1823
(Died)
13	[[File:Thomas Todd SCOTUS.jpg	100px]]	Thomas Todd	(new seat)
(Acclamation)
–
February 7, 1826
(Died)
14	[[File:GabrielDuvall.jpg	100px]]	Gabriel Duvall	Chase
(Acclamation)
–
January 12, 1835
(Resigned)
15	[[File:Daguerreotype of Joseph Story, 1844 (edit).jpg	100px]]	Joseph Story	Cushing
(Acclamation)
–
September 10, 1845
(Died)
16	[[File:Secretary of the Navy, Smith Thompson.jpg	100px]]	Smith Thompson	Livingston
(Acclamation)
–
December 18, 1843
(Died)
17	[[File:RobertTrimble.jpg	100px]]	Robert Trimble	Todd
(25–5)
–
August 25, 1828
(Died)
18	[[File:Justice John McLean daguerreotype by Mathew Brady 1849.jpg	100px]]	John McLean	Trimble
(Acclamation)
–
April 4, 1861
(Died)
19	[[File:Henry baldwin (justice).jpg	100px]]	Henry Baldwin	Washington
(41–2)
–
April 21, 1844
(Died)
20	[[File:James Moore Wayne - Brady-Handy.jpg	100px]]	James M. Wayne	W. Johnson
(Acclamation)
–
July 5, 1867
(Died)
21	[[File:Philip Pendleton Barbour.jpg	100px]]	Philip P. Barbour	Duvall
(30–11)
–
February 25, 1841
(Died)
22	[[File:John Catron - Brady-Handy.jpg	100px]]	John Catron	(new seat)
(28–15)
–
May 30, 1865
(Died)
23	[[File:John McKinley.jpg	100px]]	John McKinley	(new seat)
(Acclamation)
–
July 19, 1852
(Died)
24	[[File:Peter Vivian Daniel, US Supreme Court Justice, c1860 (cropped).jpg	100px]]	Peter V. Daniel	Barbour
(25–5)
–
May 31, 1860
(Died)
25	[[File:Samuel Nelson - Brady-Handy.jpg	100px]]	Samuel Nelson	Thompson
(Acclamation)
–
November 28, 1872
(Retired)
26	[[File:Levi Woodbury.jpg	100px]]	Levi Woodbury	Story
(Acclamation)
–
September 4, 1851
(Died)
27	[[File:Robert Cooper Grier - Brady-Handy.jpg	100px]]	Robert Cooper Grier	Baldwin
(Acclamation)
–
January 31, 1870
(Retired)
28	[[File:Benjamin Robbins Curtis - photo.png	100px]]	Benjamin Robbins Curtis	Woodbury
(Acclamation)
–
September 30, 1857
(Resigned)
29	[[File:John Archibald Campbell - Brady-Handy.jpg	100px]]	John Archibald Campbell	McKinley
(Acclamation)
–
April 30, 1861
(Resigned)
30	[[File:NClifford.jpg	100px]]	Nathan Clifford	Curtis
(26–23)
–
July 25, 1881
(Died)
31	[[File:Noah Haynes Swayne, photo, head and shoulders, seated.jpg	100px]]	Noah Haynes Swayne	McLean
(38–1)
–
January 24, 1881
(Retired)
32	[[File:Samuel Freeman Miller - Brady-Handy.jpg	100px]]	Samuel Freeman Miller	Daniel
(Acclamation)
–
October 13, 1890
(Died)
33	[[File:DDavis.jpg	100px]]	David Davis	Campbell
(Acclamation)
–
March 3, 1877
(Resigned)
34	[[File:Stephen Johnson Field, photo half length seated, 1875.jpg	100px]]	Stephen Johnson Field	(new seat)
(Acclamation)
–
December 1, 1897
(Retired)
35	[[File:William Strong judge - Brady-Handy.jpg	100px]]	William Strong	Grier
(Acclamation)
–
December 14, 1880
(Retired)
36	[[File:Joseph Philo Bradley - Brady-Handy.jpg	100px]]	Joseph P. Bradley	(new seat)
(46–9)
–
January 22, 1892
(Died)
37	[[File:Ward Hunt - Brady-Handy.jpg	100px]]	Ward Hunt	Nelson
(Acclamation)
–
January 27, 1882
(Retired)
38	[[File:JudgeJMHarlan.jpg	100px]]	John Marshall Harlan	Davis
(Acclamation)
–
October 14, 1911
(Died)
39	[[File:William Burnham Woods.jpg	100px]]	William Burnham Woods	Strong
(39–8)
–
May 14, 1887
(Died)
40	[[File:Thomas Stanley Matthews - Brady-Handy.jpg	100px]]	Stanley Matthews	Swayne
(24–23)
–
March 22, 1889
(Died)
41	[[File:Horacegrayphoto.jpg	100px]]	Horace Gray	Clifford
(51–5)
–
September 15, 1902
(Died)
42	[[File:Samuel Blatchford.jpg	100px]]	Samuel Blatchford	Hunt
(Acclamation)
–
July 7, 1893
(Died)
43	[[File:Lucius Quintus Cincinnatus Lamar II - Brady-Handy.jpg	100px]]	Lucius Quintus
Cincinnatus Lamar II	Woods
(32–28)
–
January 23, 1893
(Died)
44	[[File:DavidBrewer.jpg	100px]]	David Josiah Brewer	Matthews
(53–11)
–
March 28, 1910
(Died)
45	[[File:Henry Billings Brown 2.jpg	100px]]	Henry Billings Brown	Miller
(Acclamation)
–
May 28, 1906
(Retired)
46	[[File:George Shiras Jr.jpg	100px]]	George Shiras Jr.	Bradley
(Acclamation)
–
February 23, 1903
(Retired)
47	[[File:Justice Howell Jackson2.jpg	100px]]	Howell Edmunds Jackson	L. Lamar
(Acclamation)
–
August 8, 1895
(Died)
48	[[File:Edward White, head-and-shoulders portrait, facing slightly left, 1905.jpg	100px]]	Edward Douglass White	Blatchford
(Acclamation)
–
December 18, 1910
(Continued as chief justice)
49	[[File:Rufus Wheeler Peckham cph.3b30513.jpg	100px]]	Rufus W. Peckham	H. Jackson
(Acclamation)
–
October 24, 1909
(Died)
50	[[File:Joseph McKenna (assoc justice).jpg	100px]]	Joseph McKenna	Field
(Acclamation)
–
January 5, 1925
(Retired)
51	[[File:Oliver Wendell Holmes, 1902.jpg	100px]]	Oliver Wendell Holmes Jr.	Gray
(Acclamation)
–
January 12, 1932
(Retired)
52	[[File:William Rufus Day cph.3b31004.jpg	100px]]	William R. Day	Shiras
(Acclamation)
–
November 13, 1922
(Retired)
53	[[File:WHMoody.jpg	100px]]	William Henry Moody	Brown
(Acclamation)
–
November 20, 1910
(Retired)
54	[[File:HoraceHarmonLurton.jpg	100px]]	Horace Harmon Lurton	Peckham
(Acclamation)
–
July 12, 1914
(Died)
55	[[File:Chief Justice Charles Evans Hughes.jpg	100px]]	Charles Evans Hughes	Brewer
(Acclamation)
–
June 10, 1916
(Resigned)
56	[[File:Willis Van Devanter.jpg	100px]]	Willis Van Devanter	E. White
(Acclamation)
–
June 2, 1937
(Retired)
57	[[File:Joseph Lamar.jpg	100px]]	Joseph Rucker Lamar	Moody
(Acclamation)
–
January 2, 1916
(Died)
58	[[File:Mahlon Pitney cph.3b30300.jpg	100px]]	Mahlon Pitney	J. Harlan
(50–26)
–
December 31, 1922
(Resigned)
59	[[File:Jamescmcreynolds.jpg	100px]]	James Clark McReynolds	Lurton
(44–6)
–
January 31, 1941
(Retired)
60	[[File:Brandeisl.jpg	100px]]	Louis Brandeis	J. Lamar
(47–22)
–
February 13, 1939
(Retired)
61	[[File:JohnHessinClarke.jpg	100px]]	John Hessin Clarke	Hughes
(Acclamation)
–
September 5, 1922
(Resigned)
62	[[File:Justice George Sutherland 5.jpg	100px]]	George Sutherland	Clarke
(Acclamation)
–
January 17, 1938
(Retired)
63	[[File:Pierce Butler.jpg	100px]]	Pierce Butler	Day
(61–8)
–
November 16, 1939
(Died)
64	[[File:Justice Edward Terry Sanford.jpg	100px]]	Edward Terry Sanford	Pitney
(Acclamation)
–
March 8, 1930
(Died)
65	[[File:Chief Justice Harlan Fiske Stone photograph circa 1927-1932.jpg	100px]]	Harlan F. Stone	McKenna
(71–6)
–
July 3, 1941
(Continued as chief justice)
66	[[File:Owen J. Roberts cph.3b11988.jpg	100px]]	Owen Roberts	Sanford
(Acclamation)
–
July 31, 1945
(Resigned)
67	[[File:Justice Benjamin N Cardozo 2.jpg	100px]]	Benjamin N. Cardozo	Holmes
(Acclamation)
–
July 9, 1938
(Died)
68	[[File:HugoLaFayetteBlack.jpg	100px]]	Hugo Black	Van Devanter
(63–16)
–
September 17, 1971
(Retired)
69	[[File:Stanley Forman Reed.jpg	100px]]	Stanley Forman Reed	Sutherland
(Acclamation)
–
February 25, 1957
(Retired)
70	[[File:Frankfurter-Felix-LOC.jpg	100px]]	Felix Frankfurter	Cardozo
(Acclamation)
–
August 28, 1962
(Retired)
71	[[File:Justice William O Douglas.jpg	100px]]	William O. Douglas	Brandeis
(62–4)
–
November 12, 1975
(Retired)
72	[[File:Justice Frank Murphy.jpg	100px]]	Frank Murphy	Butler
(Acclamation)
–
July 19, 1949
(Died)
73	[[File:James F. Byrnes cph.3c32232.jpg	100px]]	James F. Byrnes	McReynolds
(Acclamation)
–
October 3, 1942
(Resigned)
74	[[File:Roberthjackson.jpg	100px]]	Robert H. Jackson	Stone
(Acclamation)
–
October 9, 1954
(Died)
75	[[File:Wiley Rutledge.jpg	100px]]	Wiley Rutledge	Byrnes
(Acclamation)
–
September 10, 1949
(Died)
76	[[File:Harold Burton.jpg	100px]]	Harold H. Burton	Roberts
(Acclamation)
–
October 13, 1958
(Retired)
77	[[File:Official portrait of Associate Justice Tom C. Clark, Supreme Court of the United States (cropped).jpg	100px]]	Tom C. Clark	Murphy
(73–8)
–
June 12, 1967
(Retired)
78	[[File:Sherman Minton's official United States Supreme Court photograph.jpg	100px]]	Sherman Minton	W. Rutledge
(48–16)
–
October 15, 1956
(Retired)
79	[[File:John Marshall Harlan II official.jpg	100px]]	John Marshall Harlan II	R. Jackson
(71–11)
–
September 23, 1971
(Retired)
80	[[File:US Supreme Court Justice William Brennan - 1976 official portrait.jpg	100px]]	William J. Brennan Jr.	Minton
(Acclamation)
–
July 20, 1990
(Retired)
81	[[File:Charles Whittaker.jpg	100px]]	Charles Evans Whittaker	Reed
(Acclamation)
–
March 31, 1962
(Retired)
82	[[File:US Supreme Court Justice Potter Stewart - 1976 official portrait.jpg	100px]]	Potter Stewart	Burton
(70–17)
–
July 3, 1981
(Retired)
83	[[File:Justice White Official.jpg	100px]]	Byron White	Whittaker
(Acclamation)
–
June 28, 1993
(Retired)
84	[[File:Arthur Goldberg (1971).jpg	100px]]	Arthur Goldberg	Frankfurter
(Acclamation)
–
July 26, 1965
(Resigned)
85	[[File:SCOTUS Justice Abe Fortas.jpeg	100px]]	Abe Fortas	Goldberg
(Acclamation)
–
May 14, 1969
(Resigned)
86	[[File:Thurgood-marshall-2.jpg	100px]]	Thurgood Marshall	Clark
(69–11)
–
October 1, 1991
(Retired)
87	[[File:Justice Blackmun Official.jpg	100px]]	Harry Blackmun	Fortas
(94–0)
–
August 3, 1994
(Retired)
88	[[File:US Supreme Court Justice Lewis Powell - 1976 official portrait.jpg	100px]]	Lewis F. Powell Jr.	Black
(89–1)
–
June 26, 1987
(Retired)
89	[[File:William Rehnquist.jpg	100px]]	William Rehnquist	J. Harlan II
(68–26)
–
September 26, 1986
(Continued as chief justice)
90	[[File:John Paul Stevens, SCOTUS photo portrait.jpg	100px]]	John Paul Stevens	Douglas
(98–0)
–
June 29, 2010
(Retired)
91	[[File:Sandra Day O'Connor.jpg	100px]]	Sandra Day O'Connor	Stewart
(99–0)
–
January 31, 2006
(Retired)
92	[[File:Antonin Scalia Official SCOTUS Portrait crop.jpg	100px]]	Antonin Scalia	Rehnquist
(98–0)
–
February 13, 2016
(Died)
93	[[File:Anthony Kennedy official SCOTUS portrait.jpg	100px]]	Anthony Kennedy	Powell
(97–0)
–
July 31, 2018
(Retired)
94	[[File:DavidSouter.jpg	100px]]	David Souter	Brennan
(90–9)
–
June 29, 2009
(Retired)
95	[[File:Clarence Thomas official SCOTUS portrait (cropped).jpg	100px]]	Clarence Thomas	Marshall	**
(52–48)**	**
–
Incumbent**
96	[[File:Ruth Bader Ginsburg 2016 portrait.jpg	100px]]	Ruth Bader Ginsburg	B. White
(96–3)
–
(Died)
97	[[File:Stephen Breyer, SCOTUS photo portrait (cropped).jpg	100px]]	Stephen Breyer	Blackmun
(87–9)
–
June 30, 2022
(Retired)
98	[[File:Samuel Alito official photo (cropped).jpg	100px]]	Samuel Alito	O'Connor	**
(58–42)**	**
–
Incumbent**
99	[[File:Sonia Sotomayor in SCOTUS robe crop.jpg	100px]]	Sonia Sotomayor	Souter	**
(68–31)**	**
–
Incumbent**
100	[[File:Elena Kagan Official SCOTUS Portrait (2013) (3x4 cropped).jpg	100px]]	Elena Kagan	Stevens	**
(63–37)**	**
–
Incumbent**
101	[[File:Associate Justice Neil Gorsuch Official Portrait (cropped).jpg	100px]]	Neil Gorsuch	Scalia	**
(54–45)**	**
–
Incumbent**
102	[[File:Associate Justice Brett Kavanaugh Official Portrait.jpg	100px]]	Brett Kavanaugh	Kennedy	**
(50–48)**	**
–
Incumbent**
103	[[File:Amy Coney Barrett official portrait.jpg	100px]]	Amy Coney Barrett	Ginsburg	**
(52–48)**	**
–
Incumbent**
104	[[File:Justice Jackson Official Portrait (cropped).jpg	100px]]	Ketanji Brown Jackson	Breyer	**
(53–47)**	**
–
Incumbent**

Notes

References

Hall, Kermit L.. (2005). "The Oxford Companion to the Supreme Court of the United States". Oxford University Press.
(July 6, 2018). "Supreme Court Nominations, 1789 to 2017: Actions by the Senate, the Judiciary Committee, and the President". Congressional Research Service.
"Judicial Compensation".
"Justice Clarence Thomas". The Supreme Court Historical Society.
"Justice Samuel Anthony Alito, Jr.". The Supreme Court Historical Society.
"Justice Sonia Sotomayor". The Supreme Court Historical Society.
"Justice Elena Kagan". The Supreme Court Historical Society.
"Justice Neil M. Gorsuch". The Supreme Court Historical Society.
(October 6, 2018). "Kavanaugh sworn to high court after rancorous confirmation".
Barbara Sprunt. (October 26, 2020). "Amy Coney Barrett Confirmed To Supreme Court, Takes Constitutional Oath".
(2022-06-30). "WATCH LIVE: Judge Ketanji Brown Jackson sworn in as first Black woman on Supreme Court".
(1979). "[[The Brethren (Woodward and Armstrong book)". Simon & Schuster.
"Supreme Court Nominations (1789-Present)". United States Senate.
"Justices 1789 to Present". Supreme Court of the United States.
(2003). "People's Lawyers: Crusaders for Justice in American History". M. E. Sharpe.

Info: Wikipedia Source

This article was imported from Wikipedia and is available under the Creative Commons Attribution-ShareAlike 4.0 License. Content has been adapted to SurfDoc format. Original contributors can be found on the article history page.

supreme-court-of-the-united-states-people united-states-federal-judges legal-professions

Want to explore this topic further?

Ask Mako anything about Associate Justice of the Supreme Court of the United States — get instant answers, deeper analysis, and related topics.

Research with Mako

Free with your Surf account

Content sourced from Wikipedia, available under CC BY-SA 4.0.

This content may have been generated or modified by AI. CloudSurf Software LLC is not responsible for the accuracy, completeness, or reliability of AI-generated content. Always verify important information from primary sources.

Report