The ages of the Supreme Court justices currently sitting on the bench span from 54 to 77, with an average of roughly 66. Clarence Thomas is the oldest at 77; Amy Coney Barrett is the youngest at 54. Three justices — Thomas, Samuel Alito, and Sonia Sotomayor — are over 70, and they are the ones most likely to create the next vacancy, though none has announced plans to leave.1Supreme Court of the United States. Current Members
Every Sitting Justice, Oldest to Youngest
All nine seats are filled as of 2026. Birth dates come from the court’s own biographies.
- Clarence Thomas, born June 23, 1948. Age 77, turning 78 in 2026. Appointed 1991.
- Samuel Alito, born April 1, 1950. Age 75, turning 76 in 2026. Appointed 2006.
- Sonia Sotomayor, born June 25, 1954. Age 71, turning 72 in 2026. Appointed 2009.
- Chief Justice John Roberts, born January 27, 1955. Age 71. Appointed Chief Justice in 2005.
- Elena Kagan, born April 28, 1960. Age 65, turning 66 in 2026. Appointed 2010.
- Brett Kavanaugh, born February 12, 1965. Age 60, turning 61 in 2026. Appointed 2018.
- Neil Gorsuch, born August 29, 1967. Age 58, turning 59 in 2026. Appointed 2017.
- Ketanji Brown Jackson, born September 14, 1970. Age 55, turning 56 in 2026. Appointed 2022.
- Amy Coney Barrett, born January 28, 1972. Age 54. Appointed 2020.
The 24-year gap between Thomas and Barrett means the current bench could still include a sitting justice into the 2050s. The average appointment age across the current nine is about 50.8, younger than recent historical norms. Presidents have leaned toward younger nominees because a 50-year-old appointee can shape the law for decades longer than one in their 60s.2Supreme Court of the United States. Frequently Asked Questions on Justices
Who Can Retire With Full Pay Right Now
There is no mandatory retirement age for Supreme Court justices, but federal law gives them a clear path to step down with full salary. Under 28 U.S.C. § 371, a justice can retire from regular active service once their age and years on the federal bench add up to 80, with a minimum age of 65 and minimum service of 10 years. This is known informally as the Rule of 80.3United States Courts. FAQs – Federal Judges
The eligible combinations are:
- Age 65 with 15 years of service
- Age 66 with 14 years
- Age 67 with 13 years
- Age 68 with 12 years
- Age 69 with 11 years
- Age 70 with 10 years
A justice who meets one of these thresholds can retire and continue receiving the full salary of the office for life, subject to certain workload requirements afterward.4Office of the Law Revision Counsel. 28 USC 371 – Retirement on Salary; Retirement in Senior Status
Applied to the current bench, five justices already qualify. Thomas (77, more than 34 years of service) and Alito (75, about 20 years) clear the threshold with room to spare. Roberts (71, more than 20 years) and Sotomayor (71, about 17 years) also qualify. Kagan (65, about 16 years) crossed the line recently. Kavanaugh, Gorsuch, Jackson, and Barrett have not yet accumulated enough combined age and service to be eligible.
One point of terminology matters here. Lower federal court judges who meet the Rule of 80 can take “senior status” and keep hearing cases in their home circuit. Supreme Court justices cannot. The statute does not provide for a “Senior Justice,” so a departing justice formally retires. A retired justice can be assigned by designation to sit on lower federal courts, but cannot return to the Supreme Court bench.
Why Age Matters More Than It Used To
Article III of the Constitution says federal judges “shall hold their Offices during good Behaviour.” That means a justice stays on the bench as long as they choose, unless impeached and removed by Congress. The Constitution sets no retirement age, no term limit, and no fitness requirement.5Constitution Annotated. Constitution of the United States – Article III
Impeachment is the only constitutional route to remove a sitting justice, and it requires “Treason, Bribery, or other high Crimes and Misdemeanors.” Age and health do not qualify. Even the disability retirement procedure in 28 U.S.C. § 372, which can be involuntary for lower court judges, is effectively voluntary for justices: an associate justice retiring for disability furnishes a certificate signed by the Chief Justice, but the decision to start that process rests with the justice.6Office of the Law Revision Counsel. 28 USC 372 – Retirement for Disability; Substitute Judge on Failure to Retire
Because of that structure, the ages of sitting justices are one of the few reliable signals of when the ideological balance of the court might shift.
Tenures Are Getting Longer
From 1789 through 1970, the average tenure of a Supreme Court justice was about 14.9 years. For justices who have retired since 1970, the average jumped to around 26 years. The average age at departure climbed from about 58 in the early republic to nearly 79 between 1971 and 2006.7SSRN. Term Limits for the Supreme Court – Life Tenure Reconsidered
Longer lives, better medical care, and higher political stakes all contribute. A justice appointed at 50 who serves 30 years participates in thousands of decisions across multiple presidencies, which is why each individual seat has taken on so much weight.
The 18-Year Term Limit Proposal
The most widely discussed reform would replace life tenure with fixed 18-year terms, staggered so one seat opens every two years. Under that model each four-year presidential term produces exactly two Supreme Court appointments. Eighteen years is close to the historical median length of service on the court.
The Supreme Court Term Limits and Regular Appointments Act of 2025, introduced as H.R. 1074 in the 119th Congress, is the most recent legislative version. Under the bill, a justice who has served 18 years would be deemed retired from regular service and could continue as a “Senior Justice” hearing cases on lower courts. Critics question whether Congress can impose term limits without amending Article III’s “good Behaviour” clause. The Presidential Commission on the Supreme Court examined those constitutional concerns in its 2021 report and found them debatable but not necessarily fatal. The bill has not advanced past introduction.8Congress.gov. HR 1074 – 119th Congress (2025-2026) – Supreme Court Term Limits and Regular Appointments Act of 2025
Life tenure for a national supreme court is unusual globally, and most U.S. states impose mandatory retirement ages on their own supreme court justices, typically between 70 and 76. Until federal law or the Constitution changes, the ages of the nine justices remain the best available guide to the court’s near-term future.