The current Supreme Court Justices are Chief Justice John G. Roberts Jr. and Associate Justices Clarence Thomas, Samuel A. Alito Jr., Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Brett M. Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson. All nine seats are filled as of 2026. Federal law fixes the Court at one Chief Justice and eight Associates, with any six forming a quorum to hear a case.1Office of the Law Revision Counsel. 28 USC 1 – Number of Justices; Quorum The nine-seat structure has stood since 1869, though Congress has changed the number several times before that.
The Nine Justices in Order of Seniority
Seniority on the Court is set by date of service, not age. The Chief Justice sits first regardless of when he joined; the Associate Justices follow in the order they took their seats.
- John G. Roberts Jr., Chief Justice. Sworn in September 29, 2005. Appointed by President George W. Bush. Roberts is the 17th Chief Justice in the Court’s history.
- Clarence Thomas, Associate Justice. Serving since October 23, 1991. Appointed by President George H.W. Bush. Thomas is the longest-serving member of the current Court.
- Samuel A. Alito Jr., Associate Justice. Confirmed January 31, 2006. Appointed by President George W. Bush to replace Justice Sandra Day O’Connor.
- Sonia Sotomayor, Associate Justice. Confirmed August 6, 2009. Appointed by President Barack Obama.
- Elena Kagan, Associate Justice. Confirmed August 5, 2010. Appointed by President Barack Obama.
- Neil M. Gorsuch, Associate Justice. Took both oaths of office on April 10, 2017. Appointed by President Donald Trump to fill the seat left by the death of Justice Antonin Scalia.
- Brett M. Kavanaugh, Associate Justice. Confirmed October 6, 2018. Appointed by President Donald Trump.
- Amy Coney Barrett, Associate Justice. Confirmed October 26, 2020. Appointed by President Donald Trump. Barrett is the fifth woman to serve on the Court.
- Ketanji Brown Jackson, Associate Justice. Took her seat June 30, 2022. Appointed by President Joe Biden. Jackson is the first Black woman to serve on the Court.
The current bench reflects appointments from five different presidents across more than three decades, with the appointing presidents split between Republicans (Bush, Bush, Trump) and Democrats (Obama, Biden). Six of the nine were nominated by Republican presidents.
What the Chief Justice Does That the Others Don’t
Article III of the Constitution creates the Supreme Court and vests it with the federal judicial power.2Congress.gov. U.S. Constitution – Article III Within that framework, the Chief Justice carries responsibilities the other eight do not.
Roberts presides over oral arguments, leads the private conferences where the justices discuss and vote on cases, and manages the Court’s internal administration. Outside the courtroom, he chairs the Judicial Conference of the United States, the policy-making body for the entire federal court system.3United States Courts. Chief Justice Names Conference Committee Chairs When the Chief Justice votes with the majority on a case, he decides which justice writes the Court’s opinion. That assignment power gives him real influence over how broadly or narrowly the law develops.
The eight Associate Justices have equal voting power to the Chief on every case. They question attorneys during oral arguments, write opinions, and file concurrences or dissents. When the Chief Justice is not in the majority, the most senior justice on the winning side assigns the opinion. The hierarchy matters for administration, but when it comes to deciding the law, every justice’s vote counts the same.
How a Seat Gets Filled
The Constitution gives the President the power to nominate Supreme Court justices, subject to the “advice and consent” of the Senate.4Constitution Annotated. ArtII.S2.C2.3.5 Appointments of Justices to the Supreme Court That two-step process means neither branch controls the Court’s composition alone.
Once the President announces a nominee, the Senate Judiciary Committee holds public hearings where the nominee answers questions about their legal background, judicial philosophy, and prior rulings. The Committee then votes on whether to send the nomination to the full Senate. A simple majority of Senators present and voting is enough to confirm.5U.S. Senate. Supreme Court Nominations 1789-Present Until 2017, Senate rules allowed a minority to block a vote through a filibuster that required 60 votes to overcome. That year, the Senate changed its rules so that a simple majority can end debate on any Supreme Court nomination.6Congress.gov. Senate Proceedings Establishing Majority Cloture for Supreme Court Nominations If the Senate rejects a nominee, the President starts over with a new pick.
What the Constitution Does Not Require
The Constitution sets no age, citizenship, education, or professional requirements for serving on the Court. A nominee does not technically need to be a lawyer or hold a law degree. In practice, every justice in modern history has been an attorney, and most served as federal appellate judges before joining the Court, but nothing in the law demands it.
When a Justice Leaves the Bench
Justices hold their seats “during good behavior” under Article III, which in practice means they can serve for life. They leave the bench by dying in office, retiring, or, in theory, through impeachment. No Supreme Court justice has ever been removed through impeachment, though one was impeached by the House in 1805 and acquitted by the Senate.
When a justice is ready to step down, federal law provides two paths. Under 28 U.S.C. § 371, a justice who meets the combined age-and-service requirements can fully retire or can take senior status while keeping the office. The qualifying formula is a sliding scale: a justice who is 65 needs 15 years of service, a 66-year-old needs 14, and so on, down to a 70-year-old needing 10 years. Either path entitles the justice to continue receiving their full salary for life.7Office of the Law Revision Counsel. 28 USC 371 – Retirement on Salary; Retirement in Senior Status Retired justices can still perform judicial work in lower federal courts if they choose, serving in a capacity similar to senior judges on the federal bench.
Former Justices Still Living
Two former justices are living in retirement as of 2026. Anthony Kennedy retired in 2018 after more than 30 years of service, and Stephen Breyer stepped down in 2022 after nearly 28 years. David Souter, who retired in 2009, died at his home in New Hampshire on May 8, 2025, at the age of 85.