Associate Justice of The Supreme Court of The United States

Associate Justice Of The Supreme Court Of The United States

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.

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 ($223,500 per year for the Chief Justice and $213,900 per year for each Associate Justice).

Associate Justices have seniority by order of appointment, although the Chief Justice is always considered to be 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 Antonin Scalia. 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 their conference room door, the junior justice (who sits closest to the door) must answer it. The current junior justice is Elena Kagan.

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 the vacancy ends.

The current Associate Justices are (in order of seniority):

  • Antonin Scalia

  • Anthony Kennedy

  • Clarence Thomas

  • Ruth Bader Ginsburg

  • Stephen Breyer

  • Samuel Alito

  • Sonia Sotomayor

  • Elena Kagan

Read more about Associate Justice Of The Supreme Court Of The United States:  Retired Associate Justices, List of Associate Justices

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