Why can Supreme Court justices be removed?
Asked by: Micaela Pfannerstill | Last update: February 12, 2026Score: 4.8/5 (73 votes)
Supreme Court justices can be removed through the impeachment process, as outlined in the Constitution, for "treason, bribery, or other high crimes and misdemeanors," requiring a vote by the House of Representatives (impeachment) and conviction by the Senate. Justices hold office during "good Behavior," meaning they serve for life unless removed by this rare, complex process, which has only happened once (Justice Samuel Chase, who was acquitted).
For what reasons can a Supreme Court justice be removed?
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.
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.
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.
Who can overturn the U.S. Supreme Court?
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 Supreme Court Justices Be Removed From Office? | Justice System Explained
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 .
Can the 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.
Can the president fire Supreme Court justices?
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.
What would it take to impeach Trump?
For impeachment to occur, a simple majority is needed in the House and for conviction/removal from office to occur a two-thirds majority is needed in the Senate.
Who is the only Supreme Court justice to be impeached?
Remembered largely as the only Supreme Court justice to ever have faced impeachment proceedings, Samuel Chase served as an associate justice from 1796 to 1811. Chase was born in 1741 in Maryland as the only child of Reverend Thomas Chase and his wife, Matilda Walker.
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.
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.
Which United States president tried to expand the size of the Supreme Court to 15 justices?
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.
Who has power over Supreme Court justices?
Justices have lifetime tenure, meaning they remain on the court until they die, retire, resign, or are impeached and removed from office. When a vacancy occurs, the president, with the advice and consent of the Senate, appoints a new justice. Each justice has a single vote in deciding the cases argued before the court.
What are the four legal reasons for impeachment?
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Is impeachment the same as removal?
The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified such officials from holding public offices in the future.
Can Donald Trump be removed from office?
If an article passes in the Senate, the president has been convicted and is removed from office. Once the president is convicted, a further vote may then be held which determines whether the (now-former) president is barred from holding future office; this vote passes with a simple majority in the Senate.
Can the President fire the vice president?
The Constitution of the United States gives Congress the authority to remove the vice president of the United States from office in two separate proceedings. The first one takes place in the House of Representatives, which impeaches the vice president by approving articles of impeachment through a simple majority vote.
What college did Donald Trump attend?
Donald Trump went to Fordham University for two years before transferring to the Wharton School of Finance and Commerce at the University of Pennsylvania, graduating in 1968 with a bachelor's degree in economics. He often highlights his Wharton degree, which he views as a valuable credential, even though he was a transfer student and not an honors student at Penn, notes The Chronicle of Higher Education.
Can the President overrule a Supreme Court ruling?
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.
How do I dismiss a Supreme Court judge?
The constitution provides that a judge can be removed only by an order of the president, based on a motion passed by both houses of parliament. The procedure for removal of judges is elaborated in the Judges Inquiry Act, 1968.
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 ...
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.
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.
Can Congress dissolve the Supreme Court?
8.3 Supreme Court and Congress. Congress cannot abolish the high court. See ArtIII. S1.