Supreme Court Justices Are Appointed for Life: Tenure and Removal

Yes. Supreme Court justices are appointed for life. Article III of the Constitution says federal judges “shall hold their Offices during good Behaviour,” which has been read since the founding as a grant of lifetime tenure.1Congress.gov. U.S. Constitution – Article III A confirmed justice keeps the seat with no term limit and no re-election until they choose to leave, die in office, or are removed through impeachment.

What “Life Tenure” Actually Means

The constitutional language is short and does a lot of work. Article III, Section 1 both grants the lifetime appointment and guarantees that a judge’s salary cannot be reduced while they remain in office.1Congress.gov. U.S. Constitution – Article III The two protections work together. A justice who cannot be fired and cannot be financially squeezed is, in theory, free to follow the law rather than popular opinion.

The “good Behaviour” standard is not a performance review. No court or agency checks in on whether a justice’s conduct still qualifies. The only mechanism for enforcing it is impeachment, which is rare and politically difficult. Practically, a justice stays as long as they want to stay.

This makes the U.S. Supreme Court unusual. Nearly all U.S. states use elections, fixed terms, or mandatory retirement ages for their highest-court judges, with fixed terms typically running 6 to 14 years, and among major democracies worldwide the life tenure arrangement is essentially unique.2United States Senate Committee on the Judiciary. Supreme Court Nominations

How Long Justices Really Serve

There is no maximum. William O. Douglas, the longest-serving justice in history, held his seat for over 36 years before retiring in 1975 due to declining health.3Supreme Court of the United States. Frequently Asked Questions on Justices Average tenures have grown. Since the early 1990s, justices have served roughly 28 years on average. A justice confirmed in their fifties can shape the law for a generation.

Compare that with the elected branches. The President serves four years and is capped at two terms by the Twenty-Second Amendment.4Congress.gov. U.S. Constitution – Twenty-Second Amendment House members run every two years, senators every six. A justice, once confirmed, never campaigns, never fundraises, and never faces voters. That permanence is the whole point of the design.

How Justices Actually Leave

Although the appointment is for life, most modern justices leave on their own terms. Federal law gives them two voluntary paths and one involuntary one.

Retirement and Senior Status

Under 28 U.S.C. ยง 371, a justice can retire on full salary once they hit certain combinations of age and years of service.5Office of the Law Revision Counsel. 28 U.S. Code 371 – Retirement on Salary; Retirement in Senior Status The qualifying thresholds are:

  • 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

Each pair adds to 80, which is why practitioners call this the “Rule of 80.” A qualifying justice can either retire fully or take senior status, stepping back from full-time duties while still hearing cases and doing other judicial work. Either way, the move creates an official vacancy and lets the President nominate a replacement.5Office of the Law Revision Counsel. 28 U.S. Code 371 – Retirement on Salary; Retirement in Senior Status

The financial incentive to meet the Rule of 80 is real. A justice who retires under the statute continues drawing their salary at the rate earned on the day they left, for life. For 2026, that is $306,600 for an Associate Justice and $320,700 for the Chief Justice.6United States Courts. Judicial Compensation A justice who simply resigns without meeting the thresholds forfeits that annuity entirely.

Impeachment

The only involuntary exit is impeachment. The House impeaches by a majority vote, and the Senate then holds a trial; conviction requires two-thirds of the senators present.7Constitution Annotated. Overview of Impeachment The Constitution permits removal for “Treason, Bribery, or other high Crimes and Misdemeanors,” and conviction can include a ban on holding future federal office. The two-thirds threshold was designed to make removal possible but not easy.

In practice, it has been almost impossible. Only one Supreme Court justice has ever been impeached. Samuel Chase was impeached by the House in 1804 on charges of political bias in his judicial conduct, and the Senate acquitted him in 1805 when none of the charges reached two-thirds.8Federal Judicial Center. Samuel Chase Impeached No justice has been impeached since. The mechanism exists, but it functions more as a theoretical safeguard than a practical check.

Lifetime Doesn’t Mean No Rules

Life tenure does not mean a justice operates without any written standards. For most of the court’s history, Supreme Court justices had no formal written code of ethics, even though lower federal judges did. That changed in November 2023, when the court adopted its own Code of Conduct for Justices after public scrutiny over undisclosed gifts and financial relationships.9Supreme Court of the United States. Code of Conduct for Justices of the Supreme Court of the United States

The code tells justices to maintain the integrity and independence of the judiciary, avoid even the appearance of impropriety, and step aside from cases where their impartiality could reasonably be questioned, including cases involving their own financial interests or close family members as parties or counsel.9Supreme Court of the United States. Code of Conduct for Justices of the Supreme Court of the United States It has no built-in enforcement. No outside body can sanction a sitting justice for violating it. Short of impeachment, a justice who breaks the code faces no automatic consequence, which keeps the practical reality of a lifetime appointment largely intact.