The nine current Supreme Court justices range in age from 54 to 77, with Clarence Thomas the oldest and Amy Coney Barrett the youngest. Because federal judges hold their seats for life, the ages of the Supreme Court justices carry unusual weight: they hint at how soon the next vacancy might open and which president will get to fill it.
Every Sitting Justice, Oldest to Youngest
As of 2026, the nine justices and their birth dates are:
- Clarence Thomas — born June 23, 1948. Age 77.
- Samuel Alito — born April 1, 1950. Age 76.
- Sonia Sotomayor — born June 25, 1954. Age 71.
- John Roberts, Chief Justice — born January 27, 1955. Age 71.
- Elena Kagan — born April 28, 1960. Age 66.
- Brett Kavanaugh — born February 12, 1965. Age 61.
- Neil Gorsuch — born August 29, 1967. Age 58.
- Ketanji Brown Jackson — born September 14, 1970. Age 55.
- Amy Coney Barrett — born January 28, 1972. Age 54.
The three oldest members are past 70, close to or beyond the mandatory retirement age most states set for their own judges. Barrett, at 54, could plausibly serve another three decades or more.1Supreme Court of the United States. Biographies of Current Justices2The Green Papers. United States Supreme Court Justices
No Age Requirement in the Constitution
The Constitution sets minimum ages for other federal offices — 35 for president, 30 for senators, 25 for House members.3Constitution Annotated. ArtII.S1.C5.1 Qualifications for the Presidency Article III sets none for the Supreme Court. It says nothing about a justice’s age, education, or professional background.4Supreme Court of the United States. Frequently Asked Questions – General Information
In practice, every nominee has had substantial legal experience, which pushes appointment ages into the 40s and 50s. But the absence of a formal floor is part of why confirmation fights are so intense. A justice appointed at 50 could serve 40 years with no mandatory retirement date.
Which Justices Could Retire Right Now
Federal law gives justices two paths off the active bench with full benefits, both under 28 U.S.C. § 371. The eligibility formula is informally called the “Rule of 80,” though that phrase does not appear in the statute.5United States Courts. FAQs – Federal Judges – Section: What Is a Senior Judge?
The rule works on a sliding scale. A justice’s age plus years of federal judicial service must equal at least 80, with a minimum age of 65. At 65, a justice needs 15 years of service; at 70, only 10.6Office of the Law Revision Counsel. 28 USC 371 – Retirement on Salary; Retirement in Senior Status
Once a justice qualifies, two options open. Full retirement means leaving the bench entirely and drawing an annuity equal to the salary at the time of departure. Senior status means stepping back from active service while retaining the office; the president then appoints a successor. A justice in senior status can be assigned to lower federal courts but cannot sit on the Supreme Court.
Four sitting justices — Thomas, Alito, Roberts, and Sotomayor — have already crossed the Rule of 80 threshold. Any of them could leave tomorrow with full benefits.6Office of the Law Revision Counsel. 28 USC 371 – Retirement on Salary; Retirement in Senior Status
What If a Justice Can’t Do the Job Anymore
A separate statute, 28 U.S.C. § 372, allows a justice who becomes permanently unable to perform the job to retire by certifying the disability in writing to the president. For an associate justice, the Chief Justice must also sign.7Office of the Law Revision Counsel. 28 USC 372 – Retirement for Disability; Substitute Judge on Failure to Retire
The process is entirely voluntary. For lower federal judges, the Judicial Council of the circuit can certify a disability if the judge refuses to step down, allowing the president to appoint an additional judge. That mechanism does not apply to the Supreme Court. There is no constitutional or statutory process to remove a justice who is incapacitated but unwilling to leave, and impeachment requires high crimes or misdemeanors, not declining health.7Office of the Law Revision Counsel. 28 USC 372 – Retirement for Disability; Substitute Judge on Failure to Retire
If a justice became seriously incapacitated, the remaining eight would carry the caseload until that justice chose to leave or died in office.
How Today’s Ages Compare Historically
The court has seen enormous variation. Joseph Story remains the youngest person ever appointed, joining the bench at 32 in 1811.8Justia. Justice Joseph Story At the other end, Oliver Wendell Holmes Jr. retired in 1932 at age 90 after nearly 30 years of service, the oldest sitting justice on record. Between the 1970s and 2006, the average departure age climbed to about 79, up from around 58 in the court’s first three decades.9Supreme Court of the United States. Justices 1789 to Present
Thomas, at 77, is approaching that modern average departure age. Barrett would need to serve until 2062 to match Holmes’s record.
Would Term Limits Change This
About 32 states impose mandatory retirement ages on their own judges, with 70 the most common threshold. No similar requirement exists at the federal level.10Supreme Court of the United States. The Court as an Institution
The most prominent reform proposal would replace lifetime tenure with staggered 18-year terms. Under the Supreme Court Term Limits and Regular Appointments Act, introduced in Congress in 2021, the president would appoint one new justice every two years. After 18 years of active service, a justice would move to senior status, available for temporary assignments but no longer part of the active nine-member panel.11Congress.gov. Supreme Court Term Limits and Regular Appointments Act of 2021
Supporters argue predictable turnover would lower the stakes of individual vacancies and give every president an equal number of appointments. Critics counter that lifetime tenure is what insulates the judiciary from political pressure and that any change would require a constitutional amendment rather than ordinary legislation. The bill has been reintroduced in later sessions of Congress but has not advanced to a vote.