The nine current justices range in age from 54 to 78, with Clarence Thomas the oldest and Amy Coney Barrett the youngest. Because federal justices serve for life, the ages of the Supreme Court justices matter well beyond trivia: they shape how long the current ideological balance holds, which presidents get to fill future seats, and when a voluntary retirement might open one.
How Old Each Justice Is
Listed from oldest to youngest, with the president who nominated them and the date they joined the bench:
- Clarence Thomas, born June 23, 1948 (age 78 in 2026). Nominated by George H.W. Bush; took his seat October 23, 1991.
- Samuel Alito, born April 1, 1950 (age 76). Nominated by George W. Bush; took his seat January 31, 2006.
- Sonia Sotomayor, born June 25, 1954 (age 72). Nominated by Barack Obama; took her seat August 8, 2009.
- John Roberts, Chief Justice, born January 27, 1955 (age 71). Nominated by George W. Bush; took his seat September 29, 2005.
- Elena Kagan, born April 28, 1960 (age 66). Nominated by Barack Obama; took her seat August 7, 2010.
- Brett Kavanaugh, born February 12, 1965 (age 61). Nominated by Donald Trump; took his seat October 6, 2018.
- Neil Gorsuch, born August 29, 1967 (age 59). Nominated by Donald Trump; took his seat April 10, 2017.
- Ketanji Brown Jackson, born September 14, 1970 (age 56). Nominated by Joseph Biden; took her seat June 30, 2022.
- Amy Coney Barrett, born January 28, 1972 (age 54). Nominated by Donald Trump; took her seat October 27, 2020.
Five of the nine were nominated by Republican presidents and four by Democratic presidents. Thomas has been on the court more than 34 years. Barrett, the youngest, could serve another three decades or longer.1Supreme Court of the United States. Current Members
Why There Is No Mandatory Retirement Age
Article III, Section 1 of the Constitution says federal judges “shall hold their Offices during good Behaviour.” A Supreme Court justice serves until they choose to leave or die in office. There is no expiration date, no performance review, no forced retirement at any age.2Constitution Annotated. US Constitution – Article III
The framers designed it that way. A justice who never faces reelection or a mandatory exit has no reason to rule with one eye on political consequences. The tradeoff is that the country sometimes gets justices who serve well into their eighties, long past the point where some observers question their fitness. The only involuntary removal mechanism is impeachment by the House and conviction by the Senate, which has never resulted in the removal of a Supreme Court justice.
Roughly 31 states impose mandatory retirement ages on their highest-court justices, with 70 the most common cutoff. At the federal level, no such rule exists.
The Judicial Conduct and Disability Act allows complaints against federal judges who can no longer perform their duties, but the statute defines “judge” as a circuit, district, bankruptcy, or magistrate judge. Supreme Court justices are not covered.3Office of the Law Revision Counsel. 28 USC 351 – Complaints; Judge Defined That leaves impeachment as the only constitutional tool for removing an incapacitated justice, and impeachment was designed for misconduct rather than illness.
When a Justice Can Retire Voluntarily
Federal law creates a financial incentive to leave. Under 28 U.S.C. § 371, a justice can retire with full salary once their age and years of federal judicial service add up to at least 80, provided they are at least 65. The qualifying combinations are:4Office of the Law Revision Counsel. 28 USC 371 – Retirement on Salary; Retirement in Senior Status
- Age 65 with 15 years of service
- Age 66 with 14 years
- Age 67 with 13 years
- Age 68 with 12 years
- Age 69 with 11 years
- Age 70 with 10 years
As of 2026, five of the nine justices already satisfy these requirements: Thomas, Alito, Roberts, Sotomayor, and Kagan. The four younger justices are years away. Gorsuch and Kavanaugh reach the earliest combination in the early 2030s. Jackson and Barrett will not qualify until the late 2030s at the earliest.
A retiring justice can either collect an annuity equal to their salary at the time of retirement, or keep the office while stepping back from full-time work and continue drawing the current salary of the position, which rises with pay adjustments. To keep drawing the full current salary, a retired justice must be certified annually by the Chief Justice as having performed judicial or administrative duties equivalent to at least three months of a full-time judge’s workload. A justice with a permanent disability is automatically deemed to have met that requirement.4Office of the Law Revision Counsel. 28 USC 371 – Retirement on Salary; Retirement in Senior Status
Why Nominee Age Has Become a Strategic Calculation
Because justices serve for life, every presidential nomination is a bet on longevity. A nominee confirmed at 50 could shape constitutional law for 30 or 35 years. A nominee confirmed at 60 might serve 20. That math has pushed presidents of both parties toward younger picks in recent decades.
The trend is visible in the current roster. Thomas was 43 when he joined. Barrett was 48. Gorsuch was 49. Roberts and Kagan were both in their early fifties. By contrast, justices in the early twentieth century routinely joined the bench in their late fifties or sixties. The incentive is straightforward: a younger nominee locks in a president’s judicial philosophy for a longer stretch.1Supreme Court of the United States. Current Members
The dynamic cuts in the other direction too. Justices are keenly aware that stepping down under a president who shares their judicial philosophy gives that president the chance to appoint a like-minded successor. Retiring under the wrong president, from a justice’s perspective, risks undoing decades of their work. That calculation has led some justices to hold on longer than they otherwise might, and others to leave earlier than expected.
Proposals to Change the Rules
The combination of life tenure, strategic retirement timing, and younger nominees has fueled a bipartisan conversation about imposing fixed terms. The most prominent proposal calls for 18-year terms, which would create a vacancy every two years and give each president two appointments per four-year term. A version of this idea was reintroduced in the 119th Congress as the Supreme Court Term Limits and Regular Appointments Act of 2025 (H.R. 1074). As of early 2026, the bill had been referred to the House Judiciary Committee with no further action.5Congress.gov. HR 1074 – Supreme Court Term Limits and Regular Appointments Act
No version of this legislation has advanced past the committee stage in any Congress to date. Under current law, the ages above are what they appear to be: a snapshot of a court whose membership will change only when a justice chooses to leave or dies in office.