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Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. The number of Associate Justices is determined by the United States Congress and is currently set at eight by the Judiciary Act of 1869.
Associate Justices, like the Chief Justice, are nominated by the President of the United States and are confirmed by the United States Senate by majority vote. This is provided for in Article II of the Constitution, which states that the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint...Judges of the supreme Court."
Article III of the Constitution specifies that Associate Justices, and all other United States federal judges "shall hold their Offices during good Behavior." This language means that the appointments are effectively for life, ending only when a Justice dies in office, retires, or is removed from office following impeachment by the House of Representatives and conviction by the Senate.[1]
Each of the Justices of the Supreme Court has a single vote in deciding the cases argued before it; the Chief Justice's vote counts no more than that of any other Justice. However, in drafting opinions, the Chief Justice enjoys additional influence in case disposition if in the majority through his power to assign who writes the opinion. Otherwise, the senior justice in the majority assigns the writing of a decision. Furthermore, the Chief Justice leads the discussion of the case among the justices. The Chief Justice has certain administrative responsibilities that the other Justices do not, and is paid slightly more ($217,400 vs. $208,100 as of 2009[update][2]).
Associate justices have seniority by order of appointment, although the Chief Justice is always considered the most senior. If two justices are appointed on the same day, the older is designated the senior justice of the two. Currently, the senior associate justice is John Paul Stevens. By tradition, when the Justices are in conference deliberating the outcome of cases before the Court, the justices state their views in order of seniority. If there is a knock at the conference room door, the junior justice (who sits closest to the door) must answer it.
Under 28 USC 3, when the Chief Justice is unable to discharge his functions, or that office is vacant, his duties are carried out by the most senior associate justice until the disability or vacancy ends.
The current associate justices are (in order of seniority): John Paul Stevens, Antonin Scalia, Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, and Sonia Sotomayor.
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Retired Associate Justices
Contrary to popular belief, a Justice who steps down from the Court continues to be a member of it. When a Justice retires he or she usually goes into senior status, which means that the Justice keeps his or her title, and may serve by assignment on panels of the U.S. courts of appeals (as Lewis F. Powell, Jr. did for several years). Retired Justices may elect to keep a chamber in the Supreme Court building as well as maintain law clerks. The names of Retired Associate Justices continue to appear alongside the other active members on the Bound Volumes of Supreme Court decisions. However, Retired Associate Justices take no part in the consideration or decision of any cases before the Court.
Currently, there are two Retired Associate Justices: Sandra Day O'Connor, who assumed senior status on January 31, 2006, and David Hackett Souter, who assumed senior status on June 29, 2009.
List of Associate Justices
| Number | Nominee | Replacing | Date of Senate Confirmation |
President |
|---|---|---|---|---|
| 1 | John Rutledge | (new seat) | September 26, 1789 | Washington* |
| 2 | William Cushing | (new seat) | September 26, 1789 | |
| 3 | James Wilson | (new seat) | September 26, 1789 | |
| 4 | John Blair | (new seat) | September 26, 1789 | |
| 5 | James Iredell | (new seat) | February 10, 1790 | |
| 6 | Thomas Johnson[1] | Rutledge | November 7, 1791 | |
| 7 | William Paterson | Johnson | March 4, 1793 | |
| 8 | Samuel Chase | Blair | January 27, 1796 | |
| 9 | Bushrod Washington | Wilson | December 20, 1798 | J. Adams* |
| 10 | Alfred Moore | Iredell | December 10, 1799 | |
| 11 | William Johnson | Moore | March 24, 1804 | Jefferson |
| 12 | Henry Brockholst Livingston | Paterson | December 17, 1806 | |
| 13 | Thomas Todd | (new seat) | March 2, 1807 | |
| 14 | Gabriel Duvall | Chase | November 18, 1811 | Madison |
| 15 | Joseph Story | Cushing | November 18, 1811 | |
| 16 | Smith Thompson[1] | Livingston | December 9, 1823 | Monroe |
| 17 | Robert Trimble | Todd | May 9, 1826 | J. Q. Adams |
| 18 | John McLean | Trimble | March 7, 1829 | Jackson* |
| 19 | Henry Baldwin | Washington | January 6, 1830 | |
| 20 | James Moore Wayne | Johnson | January 9, 1835 | |
| 21 | Philip Pendleton Barbour | Duvall | March 15, 1836 | |
| 22 | John Catron | (new seat) | March 8, 1837 | |
| 23 | John McKinley | (new seat) | September 25, 1837 | Van Buren |
| 24 | Peter Vivian Daniel | Barbour | March 2, 1841 | |
| 25 | Samuel Nelson | Thompson | February 14, 1845 | Tyler |
| 26 | Levi Woodbury[1] | Story | January 31, 1846 | Polk |
| 27 | Robert Cooper Grier | Baldwin | August 4, 1846 | |
| 28 | Benjamin Robbins Curtis[1] | Woodbury | December 20, 1851 | Fillmore |
| 29 | John Archibald Campbell | McKinley | March 22, 1853 | Pierce |
| 30 | Nathan Clifford | Curtis | January 12, 1858 | Buchanan |
| 31 | Noah Haynes Swayne | McLean | January 24, 1862 | Lincoln* |
| 32 | Samuel Freeman Miller | Daniel | July 16, 1862 | |
| 33 | David Davis | Campbell | December 8, 1862 | |
| 34 | Stephen Johnson Field | (new seat) | March 10, 1863 | |
| 35 | William Strong | Grier | February 18, 1870 | Grant* |
| 36 | Joseph Philo Bradley | (new seat) | March 21, 1870 | |
| 37 | Ward Hunt | Nelson | December 11, 1872 | |
| 38 | John Marshall Harlan | Davis | November 29, 1877 | Hayes |
| 39 | William Burnham Woods | Strong | December 21, 1880 | |
| 40 | Thomas Stanley Matthews | Swayne | May 12, 1881 | Garfield |
| 41 | Horace Gray | Clifford | December 20, 1881 | Arthur |
| 42 | Samuel Blatchford | Hunt | March 22, 1882 | |
| 43 | Lucius Quintus Cincinnatus Lamar | Woods | January 16, 1888 | Cleveland |
| 44 | David Josiah Brewer | Matthews | December 18, 1889 | B. Harrison |
| 45 | Henry Billings Brown | Miller | December 29, 1890 | |
| 46 | George Shiras, Jr. | Bradley | July 26, 1892 | |
| 47 | Howell Edmunds Jackson | Lamar | February 18, 1893 | |
| 48 | Edward Douglass White | Blatchford | February 19, 1894 | Cleveland* |
| 49 | Rufus Wheeler Peckham | Jackson | December 9, 1895 | |
| 50 | Joseph McKenna | Field | January 21, 1898 | McKinley |
| 51 | Oliver Wendell Holmes, Jr.[1] | Gray | December 4, 1902 | T. Roosevelt |
| 52 | William R. Day | Shiras | February 23, 1903 | |
| 53 | William Henry Moody | Brown | December 12, 1906 | |
| 54 | Horace Harmon Lurton | Peckham | December 20, 1909 | Taft* |
| 55 | Charles Evans Hughes | Brewer | May 2, 1910 | |
| 56 | Willis Van Devanter | White | December 15, 1910 | |
| 57 | Joseph Rucker Lamar | Moody | December 15, 1910 | |
| 58 | Mahlon Pitney | Harlan | March 13, 1912 | |
| 59 | James Clark McReynolds | Lurton | August 29, 1914 | Wilson |
| 60 | Louis Brandeis | Lamar | June 1, 1916 | |
| 61 | John Hessin Clarke | Hughes | July 24, 1916 | |
| 62 | George Sutherland | Clarke | September 5, 1922 | Harding* |
| 63 | Pierce Butler | Day | December 21, 1922 | |
| 64 | Edward Terry Sanford | Pitney | January 29, 1923 | |
| 65 | Harlan Fiske Stone | McKenna | February 5, 1925 | Coolidge |
| 66 | Owen Josephus Roberts | Sanford | May 20, 1930 | Hoover* |
| 67 | Benjamin N. Cardozo | Holmes | February 24, 1932 | |
| 68 | Hugo Black | Van Devanter | August 17, 1937 | F. Roosevelt* |
| 69 | Stanley Forman Reed | Sutherland | January 25, 1938 | |
| 70 | Felix Frankfurter | Cardozo | January 17, 1939 | |
| 71 | William O. Douglas | Brandeis | April 4, 1939 | |
| 72 | Frank Murphy | Butler | January 16, 1940 | |
| 73 | James F. Byrnes | McReynolds | June 12, 1941 | |
| 74 | Robert H. Jackson | Stone | July 7, 1941 | |
| 75 | Wiley Blount Rutledge | Byrnes | February 8, 1943 | |
| 76 | Harold Hitz Burton | Roberts | September 19, 1945 | Truman* |
| 77 | Tom C. Clark | Murphy | August 18, 1949 | |
| 78 | Sherman Minton | Rutledge | October 4, 1949 | |
| 79 | John Marshall Harlan II | Jackson | March 16, 1955 | Eisenhower* |
| 80 | William J. Brennan[1] | Minton | March 19, 1957 | |
| 81 | Charles Evans Whittaker | Reed | March 19, 1957 | |
| 82 | Potter Stewart[1] | Burton | May 5, 1959 | |
| 83 | Byron White | Whittaker | April 11, 1962 | Kennedy |
| 84 | Arthur Goldberg | Frankfurter | September 25, 1962 | |
| 85 | Abe Fortas | Goldberg | August 11, 1965 | L. Johnson |
| 86 | Thurgood Marshall | Clark | August 30, 1967 | |
| 87 | Harry Blackmun | Fortas | May 12, 1970 | Nixon* |
| 88 | Lewis Franklin Powell, Jr. | Black | December 6, 1971 | |
| 89 | William Rehnquist | Harlan | December 10, 1971 | |
| 90 | John Paul Stevens | Douglas | December 17, 1975 | Ford |
| 91 | Sandra Day O'Connor | Stewart | September 21, 1981 | Reagan* |
| 92 | Antonin Scalia | Rehnquist | September 17, 1986 | |
| 93 | Anthony Kennedy | Powell | February 3, 1988 | |
| 94 | David Souter | Brennan | October 2, 1990 | G. H. W. Bush |
| 95 | Clarence Thomas | Marshall | October 15, 1991 | |
| 96 | Ruth Bader Ginsburg | White | August 3, 1993 | Clinton |
| 97 | Stephen Breyer | Blackmun | July 29, 1994 | |
| 98 | Samuel Alito | O'Connor | January 31, 2006 | G. W. Bush* |
| 99 | Sonia Sotomayor | Souter | August 6, 2009 | Obama |
- * Also appointed one Chief Justice, except Washington, who appointed three Chief Justices.
Further reading
- Abraham, Henry J. (1992). Justices and Presidents: A Political History of Appointments to the Supreme Court (3rd ed.). New York: Oxford University Press. ISBN 0-19-506557-3.
- Christensen, George A. (1983) Here Lies the Supreme Court: Gravesites of the Justices, Yearbook. Supreme Court Historical Society.
- Christensen, George A., Here Lies the Supreme Court: Revisited, Journal of Supreme Court History, Volume 33 Issue 1, Pages 17 - 41 (19 Feb 2008), University of Alabama.
- Cushman, Clare (2001). The Supreme Court Justices: Illustrated Biographies, 1789–1995 (2nd ed.). (Supreme Court Historical Society, Congressional Quarterly Books). ISBN 1568021267.
- Frank, John P. (1995). Friedman, Leon; Israel, Fred L.. eds. The Justices of the United States Supreme Court: Their Lives and Major Opinions. Chelsea House Publishers. ISBN 0791013774.
- Hall, Kermit L., ed (1992). The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press. ISBN 0195058356.
- Martin, Fenton S.; Goehlert, Robert U. (1990). The U.S. Supreme Court: A Bibliography. Washington, D.C.: Congressional Quarterly Books. ISBN 0871875543.
- Urofsky, Melvin I. (1994). The Supreme Court Justices: A Biographical Dictionary. New York: Garland Publishing. pp. 590. ISBN 0815311761.
See also
- Associate Justice
- Chief Justice of the United States
- Demographics of the Supreme Court of the United States
- List of Justices of the Supreme Court of the United States
- List of Justices of the Supreme Court of the United States by court composition
- List of Justices of the Supreme Court of the United States by seat
References
- ^ a b c d e f g h Recess appointments are a notable exception. See U.S. v. Woodley 751 F.2d 1008, 10014; Recess appointments to the Supreme Court are exceptionally rare. Only two Chief Justices and six Associate Justices have received recess appointments, and only John Rutledge was not subsequently confirmed by the Senate. The last president to make a recess appointment to the Supreme Court was Dwight Eisenhower.
- ^ "salaries". House.gov. http://www.house.gov/daily/salaries.htm. Retrieved 2009-01-31.
External links
- Historic collection of Supreme Court decisions and biographies indexed by judge name
- Members of the Supreme Court of the United States from the Court's website.
This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)
Choper, Jesse H, ed. Supreme Court and Its Justices. Chicago: American Bar Association, 2000.
