Supreme Court justices serve for life. The Constitution sets no term length and no retirement age, so how long Supreme Court justices serve depends entirely on the individual: a justice keeps the seat until death, voluntary retirement or resignation, or removal by impeachment and Senate conviction. The last path has never succeeded. In practice, most modern justices leave by choice, and some have sat on the bench for more than three decades.
Life Tenure Under the Constitution
Article III, Section 1 provides that federal judges “shall hold their Offices during good Behaviour.”1Legal Information Institute. U.S. Constitution Annotated Article III Section 1 Good Behavior Clause Overview That phrase has always been read to mean life tenure. There is no expiration date on the appointment, no reconfirmation hearing, and no mandatory retirement age. A justice who does not commit an impeachable offense holds the seat for as long as they want it.
The same section bars Congress from cutting a sitting justice’s pay.2Constitution Annotated | Congress.gov. Article III Section 1 Together, permanent tenure and protected salary are meant to insulate the judiciary from political pressure. A justice who never faces reelection or reappointment can rule on the law without worrying about losing the job over an unpopular decision.
The number of seats on the Court is a separate question from how long each justice serves. Congress sets the size by statute, and since 1869 that number has been one Chief Justice and eight Associate Justices.3Office of the Law Revision Counsel. 28 U.S. Code 1 – Number of Justices; Quorum
The Three Ways a Justice Leaves
Life tenure does not mean every justice dies on the bench. In practice, there are three exits: death in office, a voluntary departure (retirement or resignation), or removal through impeachment. The first two are common. The third has never happened to a Supreme Court justice.
Retirement and Senior Status
Most modern justices leave through retirement. Federal law lets a justice step down from active service and keep their full salary once they satisfy the “Rule of 80” — their age plus years of federal judicial service must total at least 80, within specific combinations:4Office of the Law Revision Counsel. 28 U.S. Code 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
A justice who retires on these terms can take senior status and keep doing judicial work. The Chief Justice may assign a retired justice to hear cases on any federal circuit court, though not back on the Supreme Court itself.5Office of the Law Revision Counsel. 28 U.S. Code 294 – Assignment of Retired Justices or Judges to Active Duty Several retired justices have sat on appellate courts for years after leaving the high bench.
Resignation Is Different From Retirement
Resignation is a complete break. A justice who resigns gives up the office entirely: no continued salary, no senior status, no further judicial duties. That is why retirement is the far more common exit for a justice who qualifies for it. Resignation tends to signal something else going on, whether personal circumstances or political pressure.
When a Justice Can No Longer Serve
A justice who becomes permanently unable to do the work can retire on disability. If they voluntarily certify the disability, they receive full salary with at least ten years of service, or half salary with fewer than ten. An Associate Justice’s certification must be co-signed by the Chief Justice.6Office of the Law Revision Counsel. 28 U.S. Code 372 – Retirement for Disability; Substitute Judge on Failure to Retire
What happens if a disabled justice refuses to step down is a harder problem. For lower federal judges, a circuit judicial council can certify the disability so the President can appoint an additional judge. No equivalent mechanism exists for the Supreme Court. The only involuntary removal tool the Constitution offers is impeachment.
Impeachment: The Only Forced Removal
Impeachment is a two-stage process. The House of Representatives brings the charges, and the Senate holds the trial.
Proceedings usually start when the House directs its Judiciary Committee to investigate. The trigger can be a member’s referral, a citizen petition, a grand jury finding, or other channels.7GovInfo. House Practice: A Guide to the Rules, Precedents and Procedures of the House – Chapter 27. Impeachment If the full House votes to impeach by simple majority, the justice has been charged, not convicted.
The case then goes to the Senate. The Chief Justice presides only at a presidential impeachment trial; for a Supreme Court justice, the Senate’s regular presiding officer runs the proceeding.8Constitution Annotated | Congress.gov. Historical Background on Impeachment Trials Conviction requires a two-thirds supermajority of senators present.9Cornell Law School. Overview of Impeachment Trials That threshold is deliberately steep. In the entire history of the federal judiciary, only eight judges have been convicted and removed, and none sat on the Supreme Court.10Federal Judicial Center. Impeachments of Federal Judges The most recent judicial removal was Judge G. Thomas Porteous Jr., in 2010.
If a justice is convicted, removal is immediate and automatic. The Senate may then take a separate vote to bar the convicted official from ever holding federal office again.11Constitution Annotated | Congress.gov. Article I Section 3 Clause 7 Conviction does not shield the justice from ordinary criminal prosecution for the underlying conduct.
What Counts as Grounds for Removal
Article II, Section 4 says all civil officers, including Supreme Court justices, can be removed for “Treason, Bribery, or other high Crimes and Misdemeanors.”12Cornell Law School. Article II U.S. Constitution – Section 4 The last phrase is broad and has never been limited to statutory crimes. It covers serious abuses of power and conduct that discredits the office. What it does not cover is disagreement with a justice’s rulings.
That boundary was set early. In 1804, the House impeached Associate Justice Samuel Chase on charges that he had refused to dismiss biased jurors, excluded defense witnesses in politically sensitive cases, and used the bench to push partisan views.13U.S. Senate. Impeachment Trial of Justice Samuel Chase, 1804-05 On March 1, 1805, the Senate acquitted him on every count. A majority voted guilty on three of the eight articles, but none approached two-thirds; at least six of Jefferson’s own Republican senators voted not guilty on every charge. The acquittal set a precedent that still holds: impeachment is for genuine misconduct, not for punishing a justice whose politics or decisions you oppose.14Oyez. Samuel Chase
Chase remains the only Supreme Court justice ever impeached.
Proposals To End Life Tenure
Life tenure has drawn criticism from across the political spectrum. Some modern justices have served 30 years or more, which means a single presidential appointment can shape constitutional law for a generation and makes each vacancy a high-stakes political fight.
The main legislative response is the Supreme Court TERM Act, reintroduced most recently in May 2025. It would give each new justice 18 years of active service before moving to senior status, with appointments on a predictable schedule in the first and third years after each presidential election. The bill has not advanced beyond introduction, and any statutory term limit would face serious constitutional questions about whether Congress can shorten what Article III appears to guarantee. A constitutional amendment would sidestep that problem but faces a far higher political bar.
Until something changes, the answer stays the same: a Supreme Court justice serves for as long as they live, choose to stay, and avoid conduct serious enough for the Senate to remove them.