The oldest Supreme Court justices in American history are Oliver Wendell Holmes Jr. and John Paul Stevens, both of whom were 90 when they left the bench. Holmes holds the outright record, stepping down in January 1932 just 11 days before his 91st birthday. On the current Court, Clarence Thomas is the oldest sitting justice at 77, followed by Samuel Alito at 76.
The Oldest Justices in Supreme Court History
Holmes was appointed by President Theodore Roosevelt in 1902 and served nearly three decades. He remained intellectually sharp through most of that time, but colleagues eventually suggested that his declining health was interfering with his work. He retired in January 1932 and remains the oldest person ever to serve on the Court.1Justia U.S. Supreme Court Center. Justice Oliver Wendell Holmes, Jr.
John Paul Stevens came remarkably close to matching that record. Appointed by President Gerald Ford in 1975, Stevens served nearly 35 years before retiring on June 29, 2010, at age 90.2Justia U.S. Supreme Court Center. Justice John Paul Stevens At the time of his departure, he was the third-longest-serving justice in the Court’s history.3Oyez. John Paul Stevens
Two other justices reached 87 while still on the bench. Roger Taney served as Chief Justice for 28 years until his death in 1864 at age 87.4Oyez. Roger B. Taney More recently, Ruth Bader Ginsburg served for 27 years until her death in September 2020, also at age 87.5Supreme Court of the United States. Biography of Associate Justice Ruth Bader Ginsburg Her determination to remain on the Court through serious illness made her a cultural icon, but her death during an election year reignited the debate over whether justices stay too long.
The Oldest Justices on the Current Court
Clarence Thomas, at 77, is the oldest sitting justice and turns 78 in June 2026. Appointed by President George H.W. Bush in 1991, he has served for over 34 years. That makes him the longest-serving member of the current Court by a wide margin and the second-longest-serving justice of all time.6Justia. Justice Clarence Thomas His tenure has spanned seven presidential administrations, and he has anchored the Court’s originalist wing for more than three decades.
Samuel Alito is next at 76. He joined the Court in January 2006 after being nominated by President George W. Bush, giving him roughly 20 years of service. Alito was briefly hospitalized in March 2026 after falling ill at a dinner, fueling speculation about a possible retirement before the end of President Trump’s second term. He has a book scheduled for release later in 2026, which some Court watchers read as a signal he may be preparing for life after the bench.
The rest of the bench is noticeably younger. Chief Justice John Roberts, born in 1955, is 70. Sonia Sotomayor, born in 1954, is 71. The three most recent appointees are all in their 50s. Today’s Court spans roughly two decades in age between its youngest and oldest members.
Why Justices Can Serve This Long
Article III of the Constitution says federal judges “shall hold their Offices during good Behaviour.”7Constitution Annotated. Article III Judicial Branch In practice, that phrase means justices serve for life unless they voluntarily retire or are impeached and removed by Congress. There is no mandatory retirement age, no performance review, and no term limit.8Constitution Annotated. Good Behavior Clause Doctrine
This is unusual even by American standards. Most state supreme courts impose mandatory retirement ages (typically between 70 and 76) or fixed terms with reelection requirements. The federal system’s approach was a deliberate choice: lifetime tenure was meant to insulate judges from political pressure so they could rule on the law without worrying about keeping their jobs.
How Tenures Have Grown Longer
The average Supreme Court tenure has nearly doubled since the mid-twentieth century. Before 1970, justices served an average of roughly 15 years. Since then, the average has climbed to about 26 years.
Early in the republic, justices were required to “ride circuit,” traveling across the country to hear cases in lower federal courts. The physical toll was enormous, and combined with shorter life expectancy and limited medical care, it meant frequent vacancies from death or early resignation. The Evarts Act of 1891 ended circuit riding after 122 years, centralizing the justices’ work in Washington, D.C.
Modern healthcare and stable working conditions have done the rest. Justices appointed in recent decades tend to be younger when they join the Court, often in their late 40s or early 50s, and can realistically serve for 30 years or more. A single appointment now shapes national law across multiple generations, which is why confirmation battles have become so intense. When a seat might not open again for three decades, the political stakes of every vacancy rise sharply.
What Pushes Older Justices to Retire
Federal law gives justices a financial incentive to step down through what’s informally called the “Rule of 80,” codified at 28 U.S.C. § 371. A justice qualifies for retirement with full salary when their age and years of service add up to at least 80, with a minimum age of 65. The combinations are:
- Age 65 with 15 years of service
- Age 66 with 14 years of service
- Age 67 with 13 years of service
- Age 68 with 12 years of service
- Age 69 with 11 years of service
- Age 70 with 10 years of service
A justice who retires outright under this statute receives an annuity equal to their salary at the time of retirement for the rest of their life.9Office of the Law Revision Counsel. 28 U.S. Code 371 – Retirement on Salary; Retirement in Senior Status
There is also a second option: taking “senior status.” A justice who does this retains the title of the office and continues receiving the salary of an active justice, but steps back from regular duties and creates a vacancy. The catch is that a senior justice must be certified annually as performing work equivalent to at least three months of an active judge’s caseload. If they fall short, their pay freezes at whatever it was when they last served actively.9Office of the Law Revision Counsel. 28 U.S. Code 371 – Retirement on Salary; Retirement in Senior Status
One limit worth noting: a retired Supreme Court justice can be assigned to hear cases in the lower federal courts under 28 U.S.C. § 294, but the statute explicitly bars assignment back to the Supreme Court itself.10Office of the Law Revision Counsel. 28 U.S. Code 294 – Assignment of Retired Justices or Judges to Active Duty Once a justice leaves, the seat is gone.