US Government Jonathan Milner US Government Jonathan Milner

How long does the average Supreme Court Justice serve?

Critical Analysis

Find answers to the following questions using the visual above, any links below, your big brain, and your knowledge of American government and politics:

  1. Between 1789-1820 how long did the average justice stay on the Supreme Court?

  2. Between 2001-2022 how long did the average justice stay on the Supreme Court?

  3. Describe the overall trend in the average length of tenure of a Supreme Court Justice.

  4. What is a consequence of this trend?

  5. Recently, presidents have been nominating younger Supreme Court Justices: Alito, age 55; Sotomayor, 55; Kavanaugh 53; Brown Jackson 51; Roberts, 50; Kagan, 50; Gorsuch 49; Coney Barret 48; Thomas, 43. Why do you think they do that?

  6. Explain if it's a good thing that the average Supreme Court Justice serves on the Court for almost 1/3 of a century.

  7. When a president nominates someone for the federal courts, according to Article II, Section 2 of the U.S. freaking Constitution, who must approve that nominee?

  8. Imagine you were nominated to The Supreme Court (there is no constitutional age limit to this position!!!!) and you served for 30 years. How old would you be when you retired from the Court and how much do you think your beliefs and ideals will change in 30 years?

  9. Given recent trends, what do you think the average term length of a supreme court justice will be like 40 years from now?

  10. Currently, Justices serve for life. In the comments section, explain whether you think there should be a Constitutional Amendment limiting Justices' terms:

Write and Discuss

Take ten minutes to write about the question at the top of the page and then discuss with your classmates.

Learn More

Read this fascinating Atlantic article about limiting the tenure of Justices to 18 years.

 
 

Act on your Learning

Article III of the United States Constitution outlines Congress's power to oversee the judiciary. Contact Senator Dick Durbin (Democrat, Illinois) Chair of the Senate Judiciary Committee, and share your thoughts on whether Supreme Court Justices should serve for life:

Get Creative

How much have your beliefs changed in the lat 3 years and how much do you think they will change in the next 30 years. Make a list of things that have changed and those that haven’t and those that you imagine will change.

 
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