Can a justice be removed from SCOTUS?
Asked by: Verda Boyle | Last update: January 29, 2026Score: 4.8/5 (56 votes)
Yes, a Supreme Court Justice can be removed, but only through the difficult process of impeachment by the House of Representatives and conviction by a two-thirds vote in the Senate, for "Treason, Bribery, or other high Crimes and Misdemeanors," as specified in the Constitution. This is the only constitutional method for removal, though justices hold lifetime appointments ("during good Behavior") and can also resign or retire. No Supreme Court Justice has ever been removed through impeachment, though one, Justice Samuel Chase, was impeached by the House in 1804 but acquitted by the Senate.
Can a judge be removed from Scotus?
If the Judicial Conference finds possible grounds for impeachment, it submits a report to the House of Representatives. Only Congress has the authority to remove an Article III judge. This is done through a vote of impeachment by the House and a trial and conviction by the Senate.
How many Senate votes are required to impeach a Supreme Court justice?
First, a simple majority of the House impeaches—or formally approves allegations of wrongdoing amounting to an impeachable offense. The second proceeding is an impeachment trial in the Senate. If the Senate votes to convict with a two-thirds majority, the official is removed from office.
How do I change the number of justices on the Supreme Court?
Article III establishes the Supreme Court, but it leaves to Congress to determine the details of how the court is structured and what it does. For example, it is well established that Congress can change the number of seats on the court or direct the justices to hear cases in lower federal courts.
Who can remove the judge from the Supreme Court?
Only the U.S. Congress, through the impeachment process, can remove a U.S. Supreme Court Justice, requiring the House of Representatives to impeach (majority vote) and the Senate to convict (two-thirds vote) for "Treason, Bribery, or other high Crimes and Misdemeanors," granting them lifetime appointments ("good behavior").
Can Supreme Court Justices Be Removed From Office? | Justice System Explained
Can voters remove a Supreme Court judge?
Article II of the California Constitution, approved by California voters in 1911, allows people to recall and remove elected officials and justices of the State Supreme Court from office.
Who can overrule a Supreme Court judge?
A Supreme Court decision can be overturned by another Supreme Court ruling (a new case), a Constitutional Amendment, or if the ruling interpreted a federal statute, by Congress passing a new law. While the President can't overturn a decision directly, they influence future courts through appointments, and Congress can pass legislation to clarify or change laws interpreted by the Court.
Can a president change the number of Supreme Court justices?
No, the President cannot directly change the number of Supreme Court Justices; only Congress has that power by passing a law, but the President must sign that law for it to take effect, meaning both branches must agree, as seen with the Judiciary Act of 1869 fixing the number at nine. While presidents appoint justices, they can only fill existing vacancies or new ones Congress creates, as the Constitution doesn't set the court's size, allowing Congress to adjust it as a legislative check.
Who can expand the size of the Supreme Court?
The Constitution generally grants Congress control over the size and structure of the federal courts and, during the first century of the Republic, Congress enacted multiple statutes changing the size of the Supreme Court. However, since the Reconstruction era, the Court's size has been set at nine Justices.
Can Congress reduce the number of Supreme Court justices?
Congress has broad authority to set or change the size of the Supreme Court through ordinary legislation, but implementation of term or age limits would likely require a constitutional amendment.
Has a Supreme Court justice ever been removed from office?
The Constitution states that Justices "shall hold their Offices during good Behaviour." This means that the Justices hold office as long as they choose and can only be removed from office by impeachment. Has a Justice ever been impeached? The only Justice to be impeached was Associate Justice Samuel Chase in 1805.
What are the grounds for removing a judge?
In other words, the Good Behavior Clause simply indicates that judges are not appointed to their seats for set terms and cannot be removed at will; removing a federal judge requires impeachment and conviction for a high crime or misdemeanor.
Can a justice be forced to retire?
Lower court judges are usually appointed for a renewable term of years, and may also subject to a performance review and a mandatory retirement age. A notable exception is the United States federal judiciary: the constitution accords Article III judges life tenure with no mandatory retirement age.
Can the president dismiss a Supreme Court justice?
No, a President cannot remove a Supreme Court Justice; only Congress has the power to do so through the impeachment process (House impeaches, Senate convicts) for "Treason, Bribery, or other high Crimes and Misdemeanors," ensuring judicial independence and lifetime tenure ("good behavior") for Article III judges.
How many senators does it take to impeach a Supreme Court justice?
The Constitution grants the Senate the sole power to try all impeachments, and establishes four requirements for an impeachment trial in the Senate: (1) the support of two-thirds of Senators present is necessary to convict; (2) Senators must take an oath or an affirmation; (3) the punishments the Senate can issue ...
Who is the only person to have served as US president and a Supreme Court justice?
William Howard Taft is the only person to serve as both U.S. president and Supreme Court Chief Justice during his career.
Which US president tried to expand the Supreme Court?
After winning the 1936 presidential election in a landslide, Franklin D. Roosevelt proposed a bill to expand the membership of the Supreme Court. The law would have added one justice to the Court for each justice over the age of 70, with a maximum of six additional justices.
How did Trump appoint so many Supreme Court justices?
The Gorsuch, Kavanaugh and Barrett confirmations were enabled by a rule change made by Senate Republicans in 2017, which applied the 'nuclear option' to Supreme Court nominees and allowed nominations to be advanced by a simple majority vote rather than the historical norm of a three-fifths supermajority vote.
Can Congress eliminate the Supreme Court?
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. See . Congress cannot abolish the high court. See .
Why couldn't Obama appoint a Supreme Court Justice?
With the death of Antonin Scalia in February 2016 in the beginning of a presidential election year, the Republican majority in the Senate made it their stated policy to refuse to consider any nominee to the Supreme Court, arguing that the next president should be the one to appoint Scalia's replacement.
Can the President overrule a Supreme Court decision?
No, the President cannot directly overturn a Supreme Court decision; only the Court itself (through a new ruling), the Constitution (via amendment), or new legislation by Congress can overturn a major ruling, though Presidents can try to influence future decisions by appointing new justices or challenge rulings through appeals, and historically, some have selectively enforced or ignored certain rulings, as seen with Lincoln and the Dred Scott case.
Who can increase the size of the Supreme Court?
Congress can determine the size of the Supreme Court; it has already added and removed seats on the Court seven times throughout its history.
Has any president ignored a Supreme Court ruling?
Yes, presidents have ignored or defied Supreme Court rulings, most famously Andrew Jackson with the Cherokee Nation (Trail of Tears) and Abraham Lincoln by suspending habeas corpus, but this is rare and often leads to constitutional crises, with recent instances involving defiance in deportation cases under the Trump administration. Other examples include governors defying rulings on segregation (Faubus, Barnett) and FDR's stance on military tribunals, highlighting ongoing tensions between executive power and judicial authority.
Do Republicans or Democrats control the Supreme Court?
The Court is now divided sharply along partisan lines with justices appointed by Republican presidents taking increasingly conservative positions and those appointed by Democrats taking moderate liberal positions.
Can Congress strike down a Supreme Court decision?
Congress cannot directly overturn a federal court decision because of the separation of powers and the system of checks and balances established by the Constitution. Federal courts, including the Supreme Court, have the authority to interpret the law and the Constitution.