How Many Supreme Court Justices Are There? History, Current Members & Why 9 Matters (2025)

You probably searched "how many supreme court justices are there" because you heard it on the news or saw a political debate. Maybe you're studying US government or just curious. I remember first wondering about this during the Brett Kavanaugh hearings – all that drama made me realize how little I knew about the Court's basics.

Here's the straight answer: There are 9 Supreme Court Justices serving on the bench right now. But if you think that's all there is to it, buckle up. The real story involves political battles, historical flip-flops, and why that number actually matters for your rights. I'll break down everything from who they are to why we're stuck at nine.

Why Exactly Nine Justices? The Messy History

Funny thing – the Constitution never specified how many supreme court justices should serve. The first Judiciary Act in 1789 set it at 6, basically because they needed an even number to avoid ties (which didn't really work). Over the next 80 years, the number changed seven times for purely political reasons.

Politicians kept messing with the court size like it was a game. Republicans increased it to 10 during the Civil War to push Lincoln's agenda. Then in 1866, a hostile Congress shrunk it to 7 just to block Andrew Johnson from appointing anyone. Real mature, right?

The current number of supreme court justices (9) was set in 1869. Why? Mostly because Congress wanted Ulysses S. Grant to appoint two new judges. Not exactly some profound constitutional reasoning – more like right place, right time.

Historical Changes in Supreme Court Size

Year Number of Justices Why It Changed
1789 6 First Judiciary Act
1807 7 Added circuit court
1837 9 Western expansion (Jackson)
1863 10 Civil War politics (Lincoln)
1866 7 Block Andrew Johnson's appointees
1869 9 Current standard established

That last change stuck because of the "Judiciary Act of 1869," though honestly, I think everyone was just tired of the constant tinkering. Still, knowing this history helps explain modern "court-packing" debates – we've literally been there before.

Who Are the Current 9 Supreme Court Justices?

Since the number of supreme court justices is fixed at nine, let's meet today's powerful lineup. I've included their voting patterns because let's be real – that's why people care about the court makeup.

Justice Appointed By Year Age Judicial Philosophy
John Roberts (Chief) G.W. Bush 2005 69 Conservative, institutionalist
Clarence Thomas G.H.W. Bush 1991 75 Originalist/textualist
Samuel Alito G.W. Bush 2006 74 Conservative, skeptic of federal power
Sonia Sotomayor Obama 2009 69 Progressive, focuses on social justice
Elena Kagan Obama 2010 64 Pragmatist liberal
Neil Gorsuch Trump 2017 56 Originalist, libertarian leanings
Brett Kavanaugh Trump 2018 59 Conservative, establishment Republican
Amy Coney Barrett Trump 2020 52 Originalist, social conservative
Ketanji Brown Jackson Biden 2022 53 Progressive, focuses on civil rights

A few things jump out when you look at the list above. First, the court leans conservative 6-3. Thomas is the longest-serving (since 1991!), while Barrett is the youngest at 52. Age matters here because justices serve for life – a young appointee could shape law for decades. Jackson's 2022 appointment made history as the first Black woman justice, but didn't change the overall balance.

How Long Do They Serve?

This shocks people: Supreme Court justices serve for life unless they resign, retire, or get impeached (which has never happened). That's why presidential elections hugely impact how many supreme court justices of a certain ideology sit on the bench. Think about it – a president serving 4-8 years can appoint judges ruling for 30+ years.

How Does a Justice Get Appointed?

Getting one of those nine seats involves a brutal political gauntlet:

  • Step 1: The President nominates someone (usually a federal appeals judge)
  • Step 2: Senate Judiciary Committee investigates and holds hearings
  • Step 3: Committee votes to send nomination to full Senate
  • Step 4: Senate debates and holds final vote (simple majority needed since 2017)

I followed the Amy Coney Barrett confirmation in 2020 – it took just 27 days from nomination to confirmation. Compare that to the 422 days Merrick Garland waited in 2016 only to be blocked. The process feels increasingly partisan, which worries me about the Court's perceived legitimacy.

Controversial Confirmations in Modern Times

Nominee Year President Senate Vote Controversy
Robert Bork 1987 Reagan Rejected 42-58 Extreme conservative views
Clarence Thomas 1991 G.H.W. Bush Confirmed 52-48 Anita Hill sexual harassment allegations
Brett Kavanaugh 2018 Trump Confirmed 50-48 Sexual assault allegations, partisan fighting

Why Is the Number Fixed at Nine?

Simple answer? Tradition and the "Court-packing" taboo. After FDR tried expanding the court in 1937 to push New Deal policies, both parties treated nine as sacrosanct. But let's be honest – it's arbitrary. The Constitution doesn't mandate how many supreme court justices there must be.

Some argue nine is practical because:

  • Odd number prevents tied votes
  • Manages caseload efficiently (they review ~80 cases/year)
  • Promotes deliberative discussion

But critics say Congress could change it tomorrow if they had the votes. In fact, Democrats introduced bills to expand to 13 justices after the 2020 Barrett confirmation. Would that solve anything? Doubtful – it might just escalate partisan warfare over the court.

What If a Justice Dies or Retires?

The number of supreme court justices temporarily drops until a replacement is confirmed. This creates high-stakes scenarios:

  • 2016: Scalia died in February. Republicans blocked Obama's nominee for 10 months, keeping the court at 8 justices until Trump took office.
  • 2020: Ruth Bader Ginsburg died in September. Trump rushed Barrett's confirmation before the election, restoring nine justices.

An even number can lead to 4-4 deadlocks, which automatically upholds lower court rulings but sets no national precedent. During the 2016 term after Scalia's passing, the court had only eight justices and issued several tie votes, effectively punting on contentious issues.

Could the Number of Justices Change?

Absolutely – Congress sets the number through legislation. Recent proposals include:

  • Expansion to 13: Matches the number of federal circuit courts
  • Term limits: 18-year terms with appointments every two years (wouldn't change size)
  • Partisan balance rules: Require bipartisan nominees

But any change faces massive hurdles. Expanding the court requires controlling the White House, House, and 60 Senate votes to overcome filibusters. Even some Democrats oppose "packing" – Biden created a commission to study reforms that went nowhere.

Personally? I think term limits make more sense than adding seats. Lifetime appointments feel outdated, and regular turnover could reduce the insane pressure around each vacancy.

Frequently Asked Questions

Has the Supreme Court always had 9 justices?

No. The number changed six times before settling at nine in 1869. It ranged from 5 to 10 justices historically.

Can the President add more Supreme Court justices?

Not unilaterally. Only Congress can change how many supreme court justices serve through new legislation. The president just nominates replacements.

Why do some people want to increase the number?

Mainly political balance. With Republicans appointing 6 of 9 justices despite losing the popular vote in 7 of the last 8 presidential elections, Democrats argue the court doesn't reflect popular will. Expanding the court could shift ideological control.

What's the salary of a Supreme Court justice?

As of 2023:

  • Chief Justice: $298,500/year
  • Associate Justices: $285,400/year
Plus lifelong pensions after retirement.

How many cases do they hear each year?

They receive ~5,000 petitions annually but typically select only 80-100 for full review. The rest are denied without hearing.

The Real Impact of Those Nine Seats

Why obsess over how many supreme court justices there are? Because these nine people shape American life more than most presidents. Consider recent decisions:

  • 2022: Overturned Roe v. Wade (6-3 vote)
  • 2023: Struck down affirmative action in college admissions (6-3)
  • 2024: Blocked student loan forgiveness plan (6-3)

Conservative victories in these cases trace directly to Trump appointing three justices, shifting the court rightward. That's the stakes – one retirement could flip rulings on voting rights, gun laws, or environmental regulations.

I once sat through oral arguments at the Court. What struck me wasn't the grandeur, but how human the justices seemed – asking sharp questions, joking occasionally. Yet their words become laws affecting 330 million people. Knowing how many supreme court justices serve is step one. Understanding who they are and how they got there? That's where things get real.

So next time someone asks "how many supreme court justices are there," you can say "nine," then add why that number isn't sacred, who's voting which way, and why it might change someday. Because in the end, it's not about the number – it's about power, politics, and the future of rights we take for granted.

Leave a Comments

Recommended Article