The oldest Supreme Court justice is Clarence Thomas, who turned 77 on June 23, 2025. He is also the longest-serving member of the current bench, having taken his seat on October 23, 1991.1Supreme Court of the United States. Biographies of Current Justices The all-time record for age on the Court belongs to Oliver Wendell Holmes Jr., who retired in 1932 at 90. Because federal judges serve for life under the Constitution, having a justice in their late seventies or older is a normal feature of the Court rather than an exception.
Clarence Thomas on the Current Bench
Thomas was born in the Pinpoint community near Savannah, Georgia. President George H.W. Bush nominated him in 1991 to replace the retiring Justice Thurgood Marshall,2C-SPAN. Supreme Court Nomination Announcement and he has now served for more than 34 years.3The Green Papers. United States Supreme Court Justices
Seniority carries real power at the Court. As the longest-serving associate justice, Thomas assigns the writing of majority opinions whenever the Chief Justice is in the minority.4UC Davis. Selecting an Author: Assigning the Majority Opinion on the U.S. Supreme Court Whoever holds the assignment can keep the opinion for themselves or pass it to an ideological ally, which shapes how the law gets written.
Ages of All Nine Justices
More than two decades separate the oldest justice from the youngest. From oldest to youngest:1Supreme Court of the United States. Biographies of Current Justices
- Clarence Thomas, born June 23, 1948 (age 77)
- Samuel Alito, born April 1, 1950 (age 76)
- Sonia Sotomayor, born June 25, 1954 (age 71)
- John Roberts, Chief Justice, born January 27, 1955 (age 71)
- Elena Kagan, born April 28, 1960 (age 66)
- Brett Kavanaugh, born February 12, 1965 (age 61)
- Neil Gorsuch, born August 29, 1967 (age 58)
- Ketanji Brown Jackson, born September 14, 1970 (age 55)
- Amy Coney Barrett, born January 28, 1972 (age 54)
Three justices are over 70. The ages fall into two clusters: the three oldest all joined the Court before 2006, while the six younger members were confirmed in 2017 or later.
The Oldest Justice in Supreme Court History
Oliver Wendell Holmes Jr. holds the record. Born on March 8, 1841, he was appointed by President Theodore Roosevelt in 1902 and retired on January 12, 1932, at age 90.5Supreme Court of the United States. Justices 1789 to Present His nearly 30 years on the bench produced some of the most quoted opinions in American law, especially on free speech. Failing health finally prompted his departure, and he lived until 1935.
John Paul Stevens came close to matching him, retiring on June 29, 2010, also at 90, after 34 years of service.6Oyez. John Paul Stevens Holmes edged him out by a matter of months. Other justices to serve well past 80 include Chief Justice Roger Taney, who died in office in 1864 at 87,7Encyclopedia Britannica. Roger B. Taney and Ruth Bader Ginsburg, who died in September 2020 at 87 after 27 years on the bench.8NPR. Supreme Court Justice Ruth Bader Ginsburg Dies At 87
The average departure age has climbed throughout the Court’s history. Between 1789 and 1820, justices left the bench at an average age of about 58. By the period from 1971 to 2006, that figure had risen to nearly 79. If Thomas serves even a few more years, he will enter his eighties while still hearing cases.
Why There Is No Retirement Age
Article III, Section 1 of the Constitution says federal judges “shall hold their Offices during good Behaviour.”9Congress.gov. U.S. Constitution – Article III That language has always been read as a lifetime appointment. There is no mandatory retirement age, no term limit, and no performance review. A justice serves until they retire, die, or are removed through impeachment, and only one justice, Samuel Chase in 1805, has ever faced an impeachment trial. He was acquitted.10Federal Judicial Center. Samuel Chase Impeached
The Constitution also sets no minimum age for a justice. While the president must be at least 35, senators at least 30, and representatives at least 25, the federal judiciary has no age floor at all.11Harvard Gazette. Time for Mandatory Retirement Ages for Lawmakers, Judges, Presidents? A majority of states impose a retirement age on their own supreme court justices, typically between 70 and 75, but roughly 15 states and the federal system do not.
When a Justice Can Retire With Full Pay
The financial incentive to leave is substantial. Under 28 U.S.C. ยง 371, a justice who meets the age and service requirements receives a lifetime pension equal to the salary they were earning at retirement.12Office of the Law Revision Counsel. 28 USC 371 – Retirement on Salary; Retirement in Senior Status As of January 2026, associate justices earn $306,600 a year, and the Chief Justice earns $320,700.13Federal Judicial Center. Judicial Salaries: Supreme Court Justices
Eligibility follows a sliding scale commonly called the Rule of 80: a justice’s age plus years of service must total at least 80. The earliest point of eligibility is 65 with 15 years of service, and the scale tops out at age 70 with 10 years of service.12Office of the Law Revision Counsel. 28 USC 371 – Retirement on Salary; Retirement in Senior Status Thomas, at 77 with more than 34 years on the Court, cleared that threshold long ago.
A retiring justice can also elect senior status, a semi-retirement that lets them keep hearing a reduced caseload while drawing full salary. Across the federal judiciary, senior judges handle about 15 percent of the caseload each year.14United States Courts. FAQs: Federal Judges At the Supreme Court, senior status is less common but available. Whether and when to use any of these options is left entirely to each justice.