The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority. In this way, both the Executive and Legislative Branches of the federal government have a voice in the composition of the Supreme Court.
Are there qualifications to be a Justice? Do you have to be a lawyer or attend law school to be a Supreme Court Justice?
The Constitution does not specify qualifications for Justices such as age, education, profession, or native-born citizenship. A Justice does not have to be a lawyer or a law school graduate, but all Justices have been trained in the law. Many of the 18th and 19th century Justices studied law under a mentor because there were few law schools in the country.
The last Justice to be appointed who did not attend any law school was James F. Byrnes (1941-1942). He did not graduate from high school and taught himself law, passing the bar at the age of 23.
Robert H. Jackson (1941-1954). While Jackson did not attend an undergraduate college, he did study law at Albany Law School in New York. At the time of his graduation, Jackson was only twenty years old and one of the requirements for a law degree was that students must be twenty-one years old. Thus rather than a law degree, Jackson was awarded with a “diploma of graduation.” Twenty-nine years later, Albany Law School belatedly presented Jackson with a law degree noting his original graduating class of 1912.
How is the Chief Justice selected? Does the most senior Associate Justice become Chief Justice?
Like the Associate Justices, the Chief Justice is appointed by the President and confirmed by the Senate. There is no requirement that the Chief Justice serve as an Associate Justice, but 5 of the 17 Chief Justices have served on the Court as Associate Justices prior to becoming Chief Justice.
Three were members of the Court when they were elevated to Chief Justice:
Edward Douglas White (Associate Justice 1894-1910, Chief Justice 1910-1921)
Harlan Fiske Stone (Associate Justice 1925-1941, Chief Justice 1941-1946)
William H. Rehnquist (Associate Justice 1972-1986, Chief Justice 1986-2005)
Two had a break in service between their periods of service:
John Rutledge (Associate Justice 1789-1791, Chief Justice 1795)
Charles Evans Hughes (Associate Justice 1910-1916, Chief Justice 1930-1941)
How long is the term of a Supreme Court Justice?
The Constitution states that Justices “shall hold their Offices during good Behavior .”
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.
The House of Representatives passed Articles of Impeachment against him; however, he was acquitted by the Senate.
Has a Justice ever been impeached?
The only Justice to be impeached was Associate Justice Samuel Chase in 1805. The House of Representatives passed Articles of Impeachment against him; however, he was acquitted by the Senate.
