Retired justices of the Supreme Court of the United States

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Retired justices of the Supreme Court of the United States

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There are currently three living retired justices of the Supreme Court of the United States: John Paul Stevens, Sandra Day O'Connor, and David Souter. As retired justices, they may be designated for temporary assignments to sit with several United States Courts of Appeals. Normally, such assignments are made by the Chief Justice; they are analogous to the types of assignments that may be given to judges of lower courts who have selected senior status, although a retired Supreme Court justice never sits as a member of the Supreme Court itself.

Justices sometimes strategically plan their decisions to leave the bench, with personal, institutional, and partisan factors playing a role.[1][2] The fear of mental decline and death often motivates justices to step down. The desire to maximize the Court's strength and legitimacy through one retirement at a time, when the Court is in recess, and during non-presidential election years suggests a concern for institutional health. Finally, many justices seek to depart under favorable presidents and Senates to ensure that a like-minded successor will be appointed.[citation needed]

Name Born Appt. by Retired under Conf. vote Age at appt. First day Date of retirement
Stevens

John Paul Stevens

01920-04-20 April 20, 1920
(age &1000000000000009100000091)
in Chicago, Illinois
Gerald Ford Barack Obama 98–0 55 December 19, 1975 June 29, 2010
O'Connor

Sandra Day O'Connor

01930-03-26 March 26, 1930
(age &1000000000000008100000081)
in El Paso, Texas
Ronald Reagan George W. Bush 99–0 51 September 25, 1981 January 31, 2006
Souter

David Souter

01939-09-17 September 17, 1939
(age &1000000000000007200000072)
in Melrose, Massachusetts
George H. W. Bush Barack Obama 90–9 51 01990-10-09 October 9, 1990 June 29, 2009

References

  1. ^ David N. Atkinson, Leaving the Bench (University Press of Kansas 1999) ISBN 0-7006-0946-6
  2. ^ Greenhouse, Linda (2010-09-09). "An Invisible Chief Justice". The New York Times. http://opinionator.blogs.nytimes.com/2010/09/09/an-invisible-chief-justice/. Retrieved 2010-09-09. "Had [O'Connor] anticipated that the chief justice would not serve out the next Supreme Court term, she told me after his death, she would have delayed her own retirement for a year rather than burden the court with two simultaneous vacancies. [...] Her reason for leaving was that her husband, suffering from Alzheimer's disease, needed her care at home." 

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