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Yes. There are rules related to the number of years' service a justice must have in the federal court system in order to receive his or her full pension; however, a Supreme Court justice is free to resign or retire at any time. The lifetime appointment is not a mandatory sentence.


For more information about US Supreme Court justices and retirement, see Related Questions, below.

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14y ago
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13y ago

Yes. Sixteen justices have resigned from the Court since it was established in 1789. In the early years, the most common reason for resignation was the rigorous circuit riding schedule that forced the justices to travel long distances, on horseback or by carriage, most of the year. John Jay, the first Chief Justice, resigned after being elected Governor of New York. After Congress passed the Judiciary Act of 1869 that had a provision for retirement pay, more justices retired than resigned. Still, other justices continued to leave the Court due to illness, dislike of the work, or conflicts of interest.

The following list shows which justices resigned in order of appointment, and includes the years served as well as the appointing President.

1.........John Jay, (CJ)..................1789 - 1795........Washington

4.........John Blair, Jr....................1790 - 1795........Washington

5.........John Rutledge..................1790 - 1791........Washington

7.........Thomas Johnson..............1792 - 1793........Washington

32.......Benjamin R. Curtis............1857 - 1857........Filmore

33.......John Archibald Campbell....1853 - 1861........Pierce

37........David David....................1862 - 1877........Lincoln

62.......Charles Evans Hughes.......1910 - 1916........Taft

65.......Mahlon Pitney...................1912 - 1922........Taft

68.......John Hessein Clark............1916 - 1922........Wilson

69.......William H. Taft (CJ)...........1921 - 1930.........Harding

74.......Owen Roberts...................1930 - 1945........Hoover

81.......James F. Byrnes................1941 - 1942........Roosevelt

91.......Charles Evans Whittaker.....1957 - 1962.........Eisenhower

94.......Arthur Goldburg................1962 - 1965.........Kennedy

95........Abe Fortas.......................1965 - 1969.........Johnson

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13y ago

Supreme Court Justices are appointed for life, but may resign or retire at any time.

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8y ago

In many countries the term of supreme court judges are for life, therefore there can be no mid term. A judge may retire at any time.

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Q: Can a US Supreme Court justice retire if he or she wants to?
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Related questions

Why would a Supreme Court justice write a concurring opinion?

A Supreme Court justice may choose to write a concurring opinion when he or she agrees with the majority decision, but wants to add perceptions or legal reasoning not addressed, or not addressed to that justice's satisfaction, in the majority opinion (opinion of the Court).


What can the legislative branch do if a president wants to appoint and attorney to a supreme court justice?

the us senate must confirm the president's appointment


What is an opinion written by a US Supreme Court justice who agrees with the minority opinion?

The term "minority opinion" is a bit unorthodox, considering those who vote against the majority may not be unified in their reasoning. When a Supreme Court justice wants to express disagreement with the opinion of the Court (usually the majority), he or she may write a dissenting opinion. It is not necessary for the dissenting justice to agree with anyone else on the Court.


Does the most senior Associate Justice become Chief Justice?

Not necessarily. The Chief Justice of the United States Supreme Court is nominated by the President and approved by the United States Senate. The President can nominate whomever he wants to fill the position; the person doesn't have to be a current member of the court, let alone the most senior member. Seniority has nothing to do with becoming Chief Justice. In some states, the Chief Justice of their supreme court is elected, not appointed.


Has a president ever chosen a Supreme Court justice who was not a certified judge?

Yes, presidents have nominated Supreme Court justices who were not judges many times. The Constitution gives no qualifications for Supreme Court judges, so the President can nominate anyone he wants. Today, nominating judges is the norm, but that was not so in the past.


Why is difficult to take a case to the Supreme Court?

The Supreme Court gets to choose which cases it wants to hear, and it doesn't choose very many!!


What if the Chief Justice of the US Supreme Court wants to sue someone?

The Chief Justice has as much right to bring civil legal action against someone as any other citizen, and would be required to follow the same court procedures as everyone else, including filing the case in the appropriate lower court. Supreme Court justices can't use the power of their positions to escalate a case to higher court (especially the US Supreme Court) or receive special privileges. On the other hand, they're not prohibited from using the law to address grievances that can't be settled outside of court.


If an inferior court wants guidance from the supreme court on a particular question of law it may issue a what?

A certificate


What is a minority opinion?

The term "minority opinion" is a bit unorthodox, considering those who vote against the majority may not be unified in their reasoning. When a Supreme Court justice wants to express disagreement with the opinion of the Court (usually the majority), he or she may write a dissenting opinion. It is not necessary for the dissenting justice to agree with anyone else on the Court. No one uses the term "minority opinion."


Can congress write any laws it wants?

They can but it has to be ratified by the president and supreme court. (the Supreme Court has nothing to do with passing laws. They only rule on laws that are already passed.)


What are the requirements to be a Supreme Court Judge and what is their term of office?

They have to be adults, but aside from that, there are no requirements - the president can appoint anyone he likes. Of course, they have to be confirmed by congress, so someone totally unqualified likely would not make it. Once appointed, they serve for life.


What if a President wants to appoint a US Supreme Court justice but there are already nine justices seated?

Theoretically, the President is forced to wait until there is a vacancy on the Court; however, some past Presidents have asked seated justices to resign or retire; some have strong-armed justices into resigning or retiring; and one (Jefferson) encouraged the House of Representatives to bring Articles of Impeachment against a justice (Samuel Chase, 1804, acquitted by Senate). President Franklin Roosevelt drafted legislation designed to expand the Court from nine to a maximum of fifteen justices in order to accomplish that goal, but the Senate voted against the President's court-packing proposal.