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):

§Retired Associate Justices

When Justices retire, they have the opportunity to assume duties similar to the senior status assumed by District and Circuit Judges. This means that the Justice keeps his or her title, and may serve by assignment on panels of the U.S. Courts of Appeals, or even the US District Courts if so requested and assigned. Retired Justices may choose to keep a set of chambers in the Supreme Court building, as well as to employ law clerks. The names of retired Associate Justices continue to appear alongside those of the active Justices of the Court on the Bound Volumes of Supreme Court decisions. However, retired Associate Justices (unlike judges on senior status) take no part in the consideration or decision of any cases before their former court (the Supreme Court), although they may be appointed by the Chief Justice to sit on lower courts.

Currently, there are three retired Associate Justices: Sandra Day O'Connor, who retired on January 31, 2006, David H. Souter, who retired on June 29, 2009, and John Paul Stevens, who retired on June 29, 2010. Both O'Connor and Souter occasionally serve on panels of the Courts of Appeals of various circuits. As of present, Stevens has chosen not to so serve.

§List of Associate Justices

• * Also appointed one Chief Justice.
• *** Also appointed three Chief Justices.

§See also

• Associate Justice
• Demographics of the Supreme Court of the United States
• List of Justices of the Supreme Court of the United States
• List of Justices of the Supreme Court of the United States by court composition
• List of Justices of the Supreme Court of the United States by seat

§References

1. ^ ^{a b c d e f g h} Recess appointments are a notable exception. See U.S. v. Woodley 751 F.2d 1008, 10014; Recess appointments to the Supreme Court are exceptionally rare. Only two Chief Justices and six Associate Justices have received recess appointments, and only John Rutledge was not subsequently confirmed by the Senate. The last President to make a recess appointment to the Supreme Court was Dwight D. Eisenhower.
2. ^ Barnes, Robert (2010-01-01). "Supreme Court Chief Justice Roberts opts not to ask Congress to raise judicial salaries". The Washington Post. Retrieved 2010-02-17. 

§Further reading

• Abraham, Henry J. (1992). Justices and Presidents: A Political History of Appointments to the Supreme Court (3rd ed.). New York: Oxford University Press. ISBN 0-19-506557-3. 
• Christensen, George A. (1983) Here Lies the Supreme Court: Gravesites of the Justices, Yearbook. Supreme Court Historical Society.
• Christensen, George A., Here Lies the Supreme Court: Revisited, Journal of Supreme Court History, Volume 33 Issue 1, Pages 17 â€" 41 (19 February 2008), University of Alabama.
• Cushman, Clare (2001). The Supreme Court Justices: Illustrated Biographies, 1789â€"1995 (2nd ed.). (Supreme Court Historical Society, Congressional Quarterly Books). ISBN 1-56802-126-7. 
• Frank, John P. (1995). Friedman, Leon; Israel, Fred L., eds. The Justices of the United States Supreme Court: Their Lives and Major Opinions. Chelsea House Publishers. ISBN 0-7910-1377-4. 
• Hall, Kermit L., ed. (1992). The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press. ISBN 0-19-505835-6. 
• Martin, Fenton S.; Goehlert, Robert U. (1990). The U.S. Supreme Court: A Bibliography. Washington, D.C.: Congressional Quarterly Books. ISBN 0-87187-554-3. 
• Toobin, Jeffrey (2008). The Nine. Inside the Secret World of the Supreme Court. (1st ed.). New York: Anchor Books. ISBN 978-1-4000-9679-4. 
• Urofsky, Melvin I. (1994). The Supreme Court Justices: A Biographical Dictionary. New York: Garland Publishing. p. 590. ISBN 0-8153-1176-1. 

§External links

• Historic collection of Supreme Court decisions and biographies indexed by judge name
• Members of the Supreme Court of the United States from the Court's website.

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