How Long Can Supreme Court Justices Serve?

The U.S. Supreme Court is the highest legal authority in the country, the ultimate arbiter of which laws abide by the Constitution and which do not. Nine justices serve on the Supreme Court and are appointed for life.

Three Branches of Government

The federal government has three branches, legislative, executive and judiciary. As the pinnacle of the judicial branch, the Supreme Court is an extremely powerful institution, which is why the other two branches play a major role in deciding who gets to sit on the court.

Nomination

Supreme Court justices are nominated by the president with the advice and consent of the Senate. The president may nominate anyone he wishes, but without the Senate's approval the nominee will never sit on the Supreme Court. In certain circumstances, a president may appoint a justice to the Supreme Court while the Senate is in recess. The justice serves until the Senate convenes and votes on his confirmation.

Lifetime Appointment

Article II of the Constitution states that a Supreme Court justice serves on the court "during good behaviour," which means as long as he desires. This is intended to divorce the justices from the vagaries of politics, encouraging them to decisions based on law rather than the passions of the moment.

Impeachment

The only recourse for removing a Supreme Court justice is impeachment, a course of action generally reserved for serious crimes or egregious breaches of protocol. Impeachment of a justice is handled in the same manner as the impeachment of a president. The House of Representatives votes to impeach and the Senate convicts or acquits based on the evidence presented. Only one justice has been impeached, Samuel Chase in late 1804. He was acquitted on all charges by the Senate in March 1805. Some justices have faced impeachment threats that were not carried through.

Controversy

The confirmation process is often rife with political squabbling, since it constitutes an opportunity for the executive and legislative branches to influence the court's decisions. Because justices usually serve for life, the president and members of the Senate view Supreme Court nominations as battles over the direction the court may take in how it decides cases and interprets the law.

References

• About the Supreme Court
• Supreme Court Overview
• Supreme Court Nominations Research Guide

Resources

• Text of U.S. Constitution