Can a Supreme Court Justice Be Removed From Office?

Yes — but it has never actually been done. The U.S. Constitution gives Congress the power to remove a Supreme Court Justice through impeachment. The House votes to charge the Justice, and the Senate holds a trial. A two-thirds Senate vote is required to remove them. In over 230 years, no Justice has ever been convicted and removed.

How Long Does a Supreme Court Justice Serve — and Who Can End That?

The Constitution does not set a fixed number of years for Supreme Court service. It says federal judges hold their positions “during good Behaviour,” which in practice means a Justice stays on the bench until death, voluntary retirement, or removal through impeachment.

That phrase — “during good Behaviour” — is the key. It comes from Article III, Section 1 of the U.S. Constitution, which states that Justices “shall hold their Offices during good Behaviour,” meaning they hold office as long as they choose and can only be removed by impeachment.

This lifetime appointment was a deliberate design choice. The arrangement was created to keep the judiciary independent from political pressure. Justices are supposed to rule based on the law — not based on fear of losing their jobs. But that independence also makes removal very hard. If your situation involves the conduct of a federal judge or court official, speaking with a civil rights lawyer can help you understand what options exist — most offer a free legal consultation.

The Only Legal Way to Remove a Supreme Court Justice Against Their Will

Article II, Section 4 of the U.S. Constitution provides that the president, vice president and all “civil officers” — such as federal judges and Supreme Court Justices — can be impeached, tried, and removed from office for treason, bribery, or other unspecified high crimes and misdemeanors.

Impeachment works in two stages:

Stage 1 — The House of Representatives. Impeachment must begin in the U.S. House of Representatives, where articles of impeachment are drafted. A majority of House members must vote to approve those articles. This vote is similar to a criminal indictment — it does not remove anyone. It simply sends the case to the Senate for trial.

Stage 2 — The Senate Trial. The Senate conducts a trial. Two-thirds of the Senate must find the person guilty for removal from office.

Unlike presidential impeachments where the Chief Justice presides over the Senate trial, the Vice President or President pro tem of the Senate presides over judicial impeachments.

That two-thirds threshold is an extremely high bar. Even in today’s divided Congress, getting 67 senators to agree on anything is rare.

What Counts as “High Crimes and Misdemeanors” for a Supreme Court Justice?

The Constitution lists treason and bribery as clear grounds. But the phrase “high Crimes and Misdemeanors” is not defined in the Constitution or in statute.

Impeachment has been used to remove government officers who abuse the power of the office, conduct themselves in a manner incompatible with the purpose and function of their office, or misuse the office for improper or personal gain.

Importantly, bad rulings alone are not enough. Chief Justice William Rehnquist, who wrote a book examining the history of judicial impeachment, found that early historical uses of the impeachment power established a norm that “judicial acts — their rulings from the bench — would not be a basis for removal from office by impeachment and conviction.”

In plain terms: a Justice cannot be impeached simply because Congress dislikes their decisions. There must be actual misconduct — corruption, fraud, abuse of office, or criminal behavior.

A 1912 impeachment inquiry clarified that non-criminal conduct could also constitute impeachable behavior. So the conduct does not have to rise to a criminal conviction — but it does have to be serious.

Related article: What Is Judicial Recusal and Can a Judge Be Forced to Step Down From a Case?

The Only Time Congress Ever Impeached a Supreme Court Justice

Justice Samuel Chase, a Federalist, was impeached in 1804 and tried in 1805 for his intemperate and partisan behavior on the bench. To this date, he is the only Supreme Court Justice Congress ever impeached.

During the struggle between the Federalist and Jeffersonian Republican parties, Chase conducted his circuit court in a partisan manner. The House of Representatives, encouraged by President Jefferson, charged Chase with improper actions in treason and sedition trials and with a political address to a grand jury.

The House of Representatives voted to impeach Chase on March 12, 1804. Although the Senate consisted of 25 Republicans and only nine Federalists, the Senate acquitted Chase on March 1, 1805. While a majority of Senators voted to convict him on three of the eight articles of impeachment, no article received the two-thirds majority needed to remove him.

His acquittal established the principle that federal judges could be removed only for indictable criminal acts, and clarified the constitutional provision that judges shall hold office during good behavior. Some scholars believe that if Chase had been found guilty, the Jefferson administration would have proceeded against other Federalist justices, particularly Chief Justice John Marshall.

His acquittal was a turning point for judicial independence in America. A consumer rights attorney or constitutional law specialist can help you understand how this history affects modern oversight of federal courts.

Other Ways a Supreme Court Justice Can Leave the Bench

Impeachment is not the only exit. A Justice can leave through voluntary resignation or retirement — the most common outcome even when public pressure mounts. Congressional ethics inquiries and oversight legislation can be used, but cannot remove a sitting Justice except through impeachment.

Retirement allows a Justice to step down from active service while continuing to receive their full salary. To qualify, a Justice must satisfy what is informally called the “Rule of 80” — their age plus their years of federal judicial service must equal at least 80. Under 28 U.S.C. § 371, a retired Justice who meets this threshold can take on senior status and continue performing judicial work on lower federal courts.

Sometimes pressure alone gets results. In cases like those against Supreme Court Justice Abe Fortas and Appeals Court Judge Otto Kerner, what might have become serious impeachment proceedings were followed by the target’s resignation before any formal proceedings could actually begin.

Why Removing a Supreme Court Justice Is So Hard in Practice

Impeachment of judges is rare, and removal is rarer still. Since 1803, the House of Representatives has impeached only 15 judges — an average of one every 14 years — and only eight of those impeachments were followed by convictions in the Senate. None of those convictions involved a Supreme Court Justice.

The political math is daunting. The House needs a simple majority. The Senate needs two-thirds. In modern politics, that almost never happens across party lines for a sitting Justice. And courts have ruled that the impeachment process itself is not subject to judicial review — the officer subject to an impeachment proceeding has no appeal to a federal court. Congress has sole authority over the process.

The Framers meant for the phrase “high crimes and misdemeanors” to signify only conduct that seriously harms the public and seriously compromises the officer’s ability to continue. Policy disagreements, unpopular decisions, and political differences are not enough.

If you believe a public official has violated your legal rights or engaged in conduct that crosses a legal line, speaking with a civil rights lawyer or filing a legal claim with the appropriate body is the right first step — most attorneys offer a free consultation.

Frequently Asked Questions About Removing a U.S. Supreme Court Justice

Has a Supreme Court Justice ever been successfully removed from office?

 No. The only Justice to be impeached was Associate Justice Samuel Chase in 1805. The House passed articles of impeachment against him; however, he was acquitted by the Senate. No Justice has ever been convicted and removed.

What is the deadline to file an impeachment resolution in the House against a federal judge?

 There is no fixed statute of limitations for impeachment. Congress can begin proceedings at any time while the officer holds office. However, the conduct at issue must still be provable and documented.

How long does the impeachment process take for a Supreme Court Justice from start to finish? 

It varies. The Samuel Chase impeachment took roughly one year from the House vote in March 1804 to acquittal in March 1805. Modern impeachments of federal judges have moved faster — sometimes within months — depending on how quickly the House and Senate act.

Can the President fire a Supreme Court Justice the way they fire Cabinet members?

 No. Removing a sitting Justice requires a two-stage process in Congress — House impeachment followed by a Senate trial and two-thirds conviction vote. The President has no unilateral power to remove a Justice.

Can a Supreme Court Justice be charged with a crime while still serving? 

Criminal indictment after leaving office is possible. The legal theory varies about indicting a sitting Justice; removal via impeachment remains the clear constitutional route while they are in office.

Do I need a lawyer to file a complaint about a federal judge’s conduct — or can I do it myself?

 Anyone can file a complaint about a federal judge’s conduct with the Judicial Council of the relevant circuit under the Judicial Conduct and Disability Act of 1980. You do not need a lawyer to file. However, if your rights were directly harmed by judicial misconduct, a civil rights lawyer can help you understand compensation for damages and the right process for your situation.

What is the single biggest reason no Supreme Court Justice has ever been removed?

 The two-thirds Senate vote requirement. Even when a majority of senators wanted a Justice gone — as was true on some of the Chase articles in 1805 — the bar of two-thirds has never been cleared for any Supreme Court Justice.

Legal Terms Used in Supreme Court Removal Cases

Impeachment: A formal charge of misconduct brought by the House of Representatives. It does not remove anyone from office — it is the equivalent of an indictment, not a conviction.

High Crimes and Misdemeanors: The constitutional standard for removal. It covers serious abuses of power, corruption, and conduct that makes a person unfit to serve — not just acts that are politically unpopular.

Good Behaviour Clause: The phrase in Article III, Section 1 of the Constitution that gives federal judges lifetime tenure. It means a Justice stays on the bench indefinitely unless removed through impeachment.

Articles of Impeachment: The formal written charges adopted by the House. Each article covers a specific accusation. A Justice can be convicted on one article and acquitted on others.

Two-Thirds Majority: The Senate vote required to convict and remove an impeached official. With 100 senators, 67 votes are needed — a bar that has never been reached for a Supreme Court Justice.

Acquittal: When the Senate votes and the two-thirds threshold is not reached, the Justice is acquitted and stays in office. This is exactly what happened to Samuel Chase in 1805.

You now know that a Supreme Court Justice can be removed through impeachment under Article II, Section 4 of the U.S. Constitution — but in over 230 years, it has never happened. The only path is a House majority vote followed by a two-thirds Senate conviction, a threshold that has proven nearly impossible to reach. If you have questions about judicial conduct, civil rights violations, or how to file a legal claim related to federal court proceedings, visit AllAboutLawyer.com to connect with a civil rights attorney who can review your situation and explain your options.

Sources:

• U.S. Constitution, Article II, Section 4; Article III, Section 1
• U.S. Supreme Court FAQ — supremecourt.gov
• U.S. Senate Historical Office — senate.gov
• Library of Congress Federal Impeachment Research Guide — loc.gov
• Brennan Center for Justice — brennancenter.org
• U.S. Courts Journalist’s Guide — uscourts.gov
• LegalClarity.org — Supreme Court Justices: Life Tenure and Removal (April 2026)
• 28 U.S.C. § 371 — Retirement on Salary

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against official government and court sources. Last Updated: May 25, 2026.

This article is for informational purposes only and does not constitute legal advice. Laws and constitutional interpretations vary by circumstance. Consult a qualified attorney for advice specific to your situation.