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Associate Justice of the Supreme Court of the United States

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Associate Justice of the Supreme Court of the United States

An associate justice of the Supreme Court of the United States is a justice of the Supreme Court of the United States, other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 1869. Article II, Section 2, Clause 2 of the Constitution of the United States grants plenary power to the president to nominate, and with the advice and consent (confirmation) of the Senate, appoint justices to the Supreme Court. Article III, Section 1 of the Constitution effectively grants life tenure to associate justices, and all other federal judges, which ends only when a justice dies, retires, resigns, or is impeached and convicted. Each Supreme Court justice has a single vote in deciding the cases argued before it, and the chief justice's vote counts no more than that of any other justice; however, the chief justice leads the discussion of the case among the justices. Furthermore, the chief justice—when in the majority—decides who writes the court's opinion; otherwise, the senior justice in the majority assigns the writing of a decision. The chief justice also has certain administrative responsibilities that the other justices do not and is paid slightly more ($298,500 per year as of 2023, compared to $285,400 per year for an associate justice). Associate justices have seniority in order of the date their respective commissions bear, although the chief justice is always considered to be the most senior justice. If two justices are commissioned on the same day, the elder is designated the senior justice of the two. Currently, the senior associate justice is Clarence Thomas. By tradition, when the justices are in conference deliberating the outcome of cases before the Supreme Court, the justices state their views in order of seniority. The senior associate justice is also tasked with carrying out the chief justice's duties when he is unable to, or if that office is vacant.

Tables

· List of associate justices
#
Name
Replacing
Confirmation Vote Date
Term
Appointer
Prior Position
1
John Rutledge
New seat
September 26, 1789 (Acclamation)
February 15, 1790 – March 4, 1791 (Resigned)
George Washington
Governor of South Carolina (1779–1782)
2
William Cushing
New seat
September 26, 1789 (Acclamation)
February 2, 1790 – September 13, 1810 (Died)
Chief Justice of the Massachusetts Superior Court (1777–1789)
3
James Wilson
New seat
September 26, 1789 (Acclamation)
October 5, 1789 – August 21, 1798 (Died)
Delegate to the Constitutional Convention (1787)
4
John Blair
New seat
September 26, 1789 (Acclamation)
February 2, 1790 – October 25, 1795 (Resigned)
Member of the Virginia House of Burgesses (1766–1770)
5
James Iredell
New seat
February 10, 1790 (Acclamation)
May 12, 1790 – October 20, 1799 (Died)
Attorney General of North Carolina (1779–1782)
6
Thomas Johnson
J. Rutledge
November 7, 1791 (Acclamation)
September 19, 1791 – January 16, 1793 (Resigned)
Governor of Maryland (1777–1779)
7
William Paterson
T. Johnson
March 4, 1793 (Acclamation)
March 11, 1793 – September 8, 1806 (Died)
Governor of New Jersey (1790–1793)
8
Samuel Chase
Blair
January 27, 1796 (Acclamation)
February 4, 1796 – June 19, 1811 (Died)
Chief Justice of the Maryland General Court (1791–1796)
9
Bushrod Washington
Wilson
December 20, 1798 (Acclamation)
November 9, 1798 – November 26, 1829 (Died)
John Adams
Delegate to the Virginia Ratifying Convention (1788)
10
Alfred Moore
Iredell
December 9, 1799 (Acclamation)
April 21, 1800 – January 26, 1804 (Resigned)
Attorney General of North Carolina (1782–1791)
11
William Johnson
Moore
March 24, 1804 (Acclamation)
May 7, 1804 – August 4, 1834 (Died)
Thomas Jefferson
Speaker of the South Carolina House of Representatives (1798–1800)
12
Henry Brockholst Livingston
Paterson
December 17, 1806 (Acclamation)
January 20, 1807 – March 18, 1823 (Died)
Justice of the New York Supreme Court (1802–1807)
13
Thomas Todd
New seat
March 2, 1807 (Acclamation)
March 4, 1807 – February 7, 1826 (Died)
Chief Justice of the Kentucky Court of Appeals (1806–1807)
14
Gabriel Duvall
Chase
November 18, 1811 (Acclamation)
November 23, 1811 – January 12, 1835 (Resigned)
James Madison
U . Representative from Maryland's 2nd district (1794–1796)
15
Joseph Story
Cushing
November 18, 1811 (Acclamation)
February 3, 1812 – September 10, 1845 (Died)
U . Representative from Massachusetts's 2nd district (1808–1809)
16
Smith Thompson
Livingston
December 9, 1823 (Acclamation)
September 1, 1823 – December 18, 1843 (Died)
James Monroe
United States Secretary of the Navy (1819–1823)
17
Robert Trimble
Todd
May 9, 1826 (25–5)
June 16, 1826 – August 25, 1828 (Died)
John Quincy Adams
Judge of the United States District Court for the District of Kentucky (1817–1826)
18
John McLean
Trimble
March 7, 1829 (Acclamation)
March 12, 1829 – April 4, 1861 (Died)
Andrew Jackson
United States Postmaster General (1823–1829)
19
Henry Baldwin
Washington
January 6, 1830 (41–2)
January 18, 1830 – April 21, 1844 (Died)
U . Representative from Pennsylvania's 14th district (1817–1822)
20
James M. Wayne
W. Johnson
January 9, 1835 (Acclamation)
January 14, 1835 – July 5, 1867 (Died)
U . Representative from Georgia's at-large district (1829–1835)
21
Philip P. Barbour
Duvall
March 15, 1836 (30–11)
May 12, 1836 – February 25, 1841 (Died)
Judge of the United States District Court for the Eastern District of Virginia (1830–1836)
22
John Catron
New seat
March 8, 1837 (28–15)
May 1, 1837 – May 30, 1865 (Died)
Judge of the Tennessee Supreme Court of Errors and Appeals (1824–1834)
23
John McKinley
New seat
September 25, 1837 (Acclamation)
January 9, 1838 – July 19, 1852 (Died)
Martin Van Buren
United States Senator from Alabama (1826–1831, 1837)
24
Peter V. Daniel
Barbour
March 2, 1841 (25–5)
January 10, 1842 – May 31, 1860 (Died)
Judge of the United States District Court for the Eastern District of Virginia (1836–1841)
25
Samuel Nelson
Thompson
February 14, 1845 (Acclamation)
February 27, 1845 – November 28, 1872 (Retired)
John Tyler
Chief Justice of the New York Supreme Court (1831–1845)
26
Levi Woodbury
Story
January 31, 1846 (Acclamation)
September 23, 1845 – September 4, 1851 (Died)
James K. Polk
United States Secretary of the Treasury (1834–1841)
27
Robert Cooper Grier
Baldwin
August 4, 1846 (Acclamation)
August 10, 1846 – January 31, 1870 (Retired)
Judge for the Pennsylvania District Court for Allegheny County (1833–1846)
28
Benjamin Robbins Curtis
Woodbury
December 20, 1851 (Acclamation)
October 10, 1851 – September 30, 1857 (Resigned)
Millard Fillmore
Massachusetts State Representative
29
John Archibald Campbell
McKinley
March 22, 1853 (Acclamation)
April 11, 1853 – April 30, 1861 (Resigned)
Franklin Pierce
Alabama State Representative
30
Nathan Clifford
Curtis
January 12, 1858 (26–23)
January 21, 1858 – July 25, 1881 (Died)
James Buchanan
United States Attorney General (1846–1848)
31
Noah Haynes Swayne
McLean
January 24, 1862 (38–1)
January 27, 1862 – January 24, 1881 (Retired)
Abraham Lincoln
U . attorney for the District of Ohio (1830–1834)
32
Samuel Freeman Miller
Daniel
July 16, 1862 (Acclamation)
July 21, 1862 – October 13, 1890 (Died)
Lawyer, Private practice
33
David Davis
Campbell
December 8, 1862 (Acclamation)
December 10, 1862 – March 3, 1877 (Resigned)
Judge of the Illinois 3rd Circuit Court (1848–1862)
34
Stephen Johnson Field
New seat
March 10, 1863 (Acclamation)
May 20, 1863 – December 1, 1897 (Retired) Chief Justice of the California Supreme Court (1859–1863)
35
William Strong
Grier
February 18, 1870 (Acclamation)
March 14, 1870 – December 14, 1880 (Retired)
Ulysses S. Grant
U . Representative from Pennsylvania's 9th district (1847–1851)
36
Joseph P. Bradley
New seat
March 21, 1870 (46–9)
March 23, 1870 – January 22, 1892 (Died)
Lawyer, Private practice
37
Ward Hunt
Nelson
December 11, 1872 (Acclamation)
January 9, 1873 – January 27, 1882 (Retired)
Chief Judge of the New York Court of Appeals (1868–1872)
38
John Marshall Harlan
Davis
December 10, 1877 (Acclamation)
November 29, 1877 – October 14, 1911 (Died)
Rutherford B. Hayes
Attorney General of Kentucky (1863–1867)
39
William Burnham Woods
Strong
December 21, 1880 (39–8)
January 5, 1881 – May 14, 1887 (Died)
Judge of the United States Court of Appeals for the Fifth Circuit (1869–1880)
40
Stanley Matthews
Swayne
May 12, 1881 (24–23)
May 17, 1881 – March 22, 1889 (Died)
James A. Garfield
United States Senator from Ohio (1877–1879)
41
Horace Gray
Clifford
December 20, 1881 (51–5)
January 9, 1882 – September 15, 1902 (Died)
Chester A. Arthur
Chief Justice of the Massachusetts Supreme Judicial Court (1873–1881)
42
Samuel Blatchford
Hunt
March 22, 1882 (Acclamation)
April 3, 1882 – July 7, 1893 (Died)
Judge of the United States Court of Appeals for the Second Circuit (1878–1882)
43
Lucius Quintus Cincinnatus Lamar II
Woods
January 16, 1888 (32–28)
January 18, 1888 – January 23, 1893 (Died)
Grover Cleveland
United States Secretary of the Interior (1885–1888)
44
David Josiah Brewer
Matthews
December 18, 1889 (53–11)
January 6, 1890 – March 28, 1910 (Died)
Benjamin Harrison
Judge of the United States Court of Appeals for the Eighth Circuit (1884–1889)
45
Henry Billings Brown
Miller
December 29, 1890 (Acclamation)
January 5, 1891 – May 28, 1906 (Retired)
Judge of the United States District Court for the Eastern District of Michigan (1875–1890)
46
George Shiras Jr.
Bradley
July 26, 1892 (Acclamation)
October 10, 1892 – February 23, 1903 (Retired)
Lawyer, Private practice
47
Howell Edmunds Jackson
L. Lamar
February 18, 1893 (Acclamation)
March 4, 1893 – August 8, 1895 (Died)
Judge of the United States Court of Appeals for the Sixth Circuit (1891–1893)
48
Edward Douglass White
Blatchford
February 19, 1894 (Acclamation)
March 12, 1894 – December 18, 1910 (Continued as chief justice)
Grover Cleveland
United States Senator from Louisiana (1891–1894)
49
Rufus W. Peckham
H. Jackson
December 9, 1895 (Acclamation)
January 6, 1896 – October 24, 1909 (Died)
Associate Judge of the New York Court of Appeals

References

  1. The start date given here for each associate justice is the day they took the oath of office, and the end date is the da
  2. Listed here (unless otherwise noted) is the position—either with a U . state or the federal government, or with a privat
  3. Later served as chief justice, June 30, 1795 – December 28, 1795.
  4. Was confirmed as chief justice on January 26, 1796, but declined and continued to serve as an associate justice.
  5. Recess appointment. Note: the date on which the justice took the judicial oath is here used as the date of the beginning
  6. Was impeached, but not convicted, and remained in office.
  7. Served as chief justice, December 19, 1910 – May 19, 1921.
  8. Later served as chief justice, February 24, 1930 – June 30, 1941.
  9. Served as chief justice, July 3, 1941 – April 22, 1946.
  10. Served as chief justice, September 26, 1986 – September 3, 2005.
  11. The Oxford Companion to the Supreme Court of the United States
    https://books.google.com/books?id=cY3er3ilgjcC&pg=PA548
  12. "Supreme Court Nominations, 1789 to 2017: Actions by the Senate, the Judiciary Committee, and the President"
    https://fas.org/sgp/crs/misc/RL33225.pdf
  13. United States Courts
    https://www.uscourts.gov/judges-judgeships/judicial-compensation
  14. "Justice Clarence Thomas"
    https://web.archive.org/web/20200515180814/https://supremecourthistory.org/history-of-the-court/the-current-court/justice-clarence-thomas/
  15. "Justice Samuel Anthony Alito, Jr"
    https://web.archive.org/web/20200616065838/http://supremecourthistory.org/history-of-the-court/the-current-court/justice-samuel-anthony-alito-jr/
  16. "Justice Sonia Sotomayor"
    https://web.archive.org/web/20200304175151/https://supremecourthistory.org/history-of-the-court/the-current-court/justice-sonia-sotomayor/
  17. "Justice Elena Kagan"
    https://web.archive.org/web/20200524161410/https://supremecourthistory.org/history-of-the-court/the-current-court/justice-elena-kagan/
  18. "Justice Neil M. Gorsuch"
    https://web.archive.org/web/20191122034749/http://supremecourthistory.org/history-of-the-court/the-current-court/justice-neil-gorsuch/index.html
  19. ap
    https://apnews.com/8234f0b8a6194d8b89ff79f9b0c94f35/Kavanaugh-confirmed,-quickly-sworn-in;-major-Trump-victory
  20. NPR
    https://www.npr.org/2020/10/26/927640619/senate-confirms-amy-coney-barrett-to-the-supreme-court
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