The Supreme Court of the United States is made up of nine justices: one Chief Justice and eight Associate Justices. Six were appointed by Republican presidents and three by Democratic presidents, producing the 6-3 conservative-leaning majority that defines the current court. The membership has been unchanged since June 2022, when Justice Ketanji Brown Jackson took her seat.
The Nine Current Justices
Listed by seniority, the justices on the bench today are:
- John G. Roberts Jr. — Chief Justice, appointed by President George W. Bush in 2005
- Clarence Thomas — Associate Justice, appointed by President George H.W. Bush in 1991
- Samuel A. Alito Jr. — Associate Justice, appointed by President George W. Bush in 2006
- Sonia Sotomayor — Associate Justice, appointed by President Barack Obama in 2009
- Elena Kagan — Associate Justice, appointed by President Barack Obama in 2010
- Neil M. Gorsuch — Associate Justice, appointed by President Donald Trump in 2017
- Brett M. Kavanaugh — Associate Justice, appointed by President Donald Trump in 2018
- Amy Coney Barrett — Associate Justice, appointed by President Donald Trump in 2020
- Ketanji Brown Jackson — Associate Justice, appointed by President Joe Biden in 2022
Every justice casts one vote on cases the court decides.1Supreme Court of the United States. Justices The Chief Justice carries extra administrative duties but no greater voting weight.
The 6-3 Ideological Split
The six Republican appointees generally lean conservative, and the three Democratic appointees generally lean liberal. The shorthand isn’t perfect, because justices don’t vote in lockstep with any party, but it tracks real differences in how they read the Constitution.
Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett tend toward originalism, which interprets the Constitution based on how its words were publicly understood when they were written. Chief Justice Roberts shares that general orientation but is known for a more cautious, incremental style, often seeking narrower rulings rather than sweeping changes to precedent. That puts him closer to the center of the bench than his conservative colleagues on some cases.
Justices Sotomayor, Kagan, and Jackson follow what legal scholars call living constitutionalism, the idea that the Constitution’s broad principles should be applied in light of evolving social conditions rather than locked to eighteenth-century definitions. The 6-3 split means the conservative justices can form a majority without any liberal votes, though individual cases sometimes produce unexpected alliances.
Why Nine Justices
Nothing in the Constitution fixes the court’s size. Congress sets it by statute. Under 28 U.S.C. § 1, the court consists of one Chief Justice and eight Associate Justices, with any six forming a quorum.2Office of the Law Revision Counsel. 28 USC 1 – Number of Justices; Quorum The quorum rule lets the court decide cases even if up to three justices are recused or unavailable.
The number has moved before. Congress set it at six in 1789, raised it to ten during the Civil War, cut it to seven shortly after, and settled on nine in 1869. Because the figure is statutory, Congress could change it again with a simple bill signed by the president. Legislation to expand the court or impose term limits has been introduced in recent years, though none of those proposals have advanced to a vote.
Backgrounds and Demographics
Eight of the nine current justices hold law degrees from either Harvard or Yale. The exception is Justice Barrett, who graduated from Notre Dame Law School.3Supreme Court of the United States. Biographies of Current Justices The concentration isn’t new, but it draws steady criticism that the court’s legal perspective is too narrow.
Most justices served on a federal court of appeals before joining the Supreme Court, which has become the standard pathway. Chief Justice Roberts spent just over two years on the D.C. Circuit before his elevation. Justice Kagan is a notable exception: she was Solicitor General rather than a sitting judge when she was nominated. None of the current justices have experience as a state trial court judge.
The court is more demographically diverse than at any point in its history. Four women currently serve: Justices Sotomayor, Kagan, Barrett, and Jackson. Justice Sotomayor is the court’s first Hispanic member, Justice Thomas is the second Black justice in the court’s history, and Justice Jackson is the first Black woman to serve. The religious composition includes six Catholic justices, one Jewish justice (Kagan), and two Protestant justices (Gorsuch and Jackson).
How Justices Get on the Court
Article II, Section 2 of 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 The process starts when a vacancy opens, typically through retirement or death, and the President selects a nominee.
The Senate Judiciary Committee then investigates the nominee’s record, reviewing financial disclosures, legal writings, and prior rulings. Public hearings follow, where committee members question the nominee about judicial philosophy, temperament, and past decisions. The committee votes on whether to send the nomination to the full Senate.
A simple majority vote in the full Senate confirms the nominee. Until 2017, Supreme Court nominations were subject to the Senate’s 60-vote cloture threshold, which allowed a minority of senators to block a nomination through filibuster. The Senate eliminated that barrier for Supreme Court nominees in April 2017, so a bare majority of 51 votes now controls the outcome.5U.S. Senate. Supreme Court Nominations (1789-Present) Since 1789, presidents have submitted 165 nominations, and 128 were confirmed.
Once confirmed, the new justice takes two oaths. The first is the constitutional oath required by Article VI, swearing to support the Constitution. The second is a judicial oath rooted in the Judiciary Act of 1789, pledging to administer justice impartially.6Supreme Court of the United States. Oaths of Office
What the Chief Justice Does Differently
The Chief Justice presides over oral arguments and assigns the majority opinion when voting with the majority. Beyond the courtroom, under 28 U.S.C. § 331, the Chief Justice serves as presiding officer of the Judicial Conference of the United States, the body that sets policy for the entire federal court system.7Office of the Law Revision Counsel. 28 USC 331 – Judicial Conference of the United States The Chief Justice summons the conference annually, submits a report to Congress on its proceedings, and oversees the administrative functioning of the federal judiciary.
The Constitution also assigns the Chief Justice a unique political role: presiding over presidential impeachment trials in the Senate.8United States Senate. About Impeachment In every other impeachment trial, for federal judges or other officials, the Senate’s presiding officer runs the proceedings instead.
Life Tenure and How a Seat Opens
Article III, Section 1 of the Constitution says federal judges hold their offices “during good Behaviour,” which in practice means life tenure.9Constitution Annotated. ArtIII.S1.10.2.1 Overview of Good Behavior Clause A justice serves until they voluntarily retire, die in office, or are removed through impeachment. No one can force a justice off the bench short of that constitutional process.
Impeachment requires a majority vote in the House of Representatives to bring charges, followed by a two-thirds vote in the Senate to convict. The grounds are “treason, bribery, or other high crimes and misdemeanors.”10USAGov. How Federal Impeachment Works No Supreme Court justice has ever been removed through impeachment. Justice Samuel Chase was impeached by the House in 1804 and acquitted by the Senate in 1805.
Most justices leave through voluntary retirement. Under 28 U.S.C. § 371, a justice who meets certain age-and-service combinations can retire from active duty while keeping full salary for life. The sliding scale starts at age 65 with 15 years of service and extends to age 70 with 10 years of service. A retired justice doesn’t disappear from the judiciary entirely. Under 28 U.S.C. § 294, the Chief Justice can assign a retired justice to hear cases on any lower federal court as long as the retired justice is willing. The one place they cannot return to sit is the Supreme Court itself.11Office of the Law Revision Counsel. 28 USC 294 – Assignment of Retired Justices or Judges to Active Duty