S.C.O.T.U.S. the Supreme Court of the United

S.C.O.T.U.S. The Supreme Court of the United States

There are currently nine Justices on the Supreme Court of the United States, one Chief Justice and Eight Associate Justices; although in the past the number has varied and recent attempts to change this number have been rejected. (Rehnquist 2001) Since Supreme Court Justices serve for life, or until they retire, many of the current members of the Court have served for many years. The longest Associate Justice currently serving in the Court is Justice Anton Scalia, who was appointed by President Reagan and has been on the Court since 1986, more than 24 years. Associate Justice Anthony Kennedy, also appointed by Reagan, is the second longest serving Justice on the current court, and has served for a little over 23 years. Next is Associate Justice Clarence Thomas, who was appointed by President George H.W. Bush in 1991 and has served for over 19 years, followed by Associate Justice Ruth Bader Ginsburg, appointed by President Bill Clinton in 1993 and serving for almost 18 years. Associate Justice Stephen Breyer, also appointed by Clinton, has served on the court since 1994, more than 16 years, and Associate Justice Samuel Alito has served on the court for more than 5 years being appointed by President George W. Bush in 2006. The newest members of the Supreme Court, both women, appointed by current President Barack Obama, are Associate Justice Sonia Sotomayor, appointed in 2009, and Associate Justice Elena Kagan appointed in 2010.(Wagman 1993)

Leading the court since September of 2005 is current Chief Justice John G. Roberts. He was appointed by George W. Bush, who had the choice of either promoting a current Associate Justice to the position of Chief Justice, then appointing a new Associate Justice, or simply appoint a new Chief Justice. Bush chose to keep the Associate Justices where they were and appoint an entirely new Chief Justice. (Wagman 1993)

The filling of a Supreme Court vacancy begins when a member of the Court dies or retires. In such a case the Constitution of the United States calls for the President to appoint a replacement; which must be approved by a majority of the U.S. Senate. There is an exception to this when the Senate is not in session, the President may make what is called a "recess appointment" which allows for the nominee to immediately assume his position without approval of the Senate. (Wagman 1993) This kind of appointment is temporary, lasting only until the end of the Court's current term, at which time the nominee must be either removed or approved by the Senate.

While the process of replacing a Supreme Court Justice may seem simple, it is, in reality, a bit more complicated. First of all there are many NGO's which will vie for influence over who is the nominee, most particularly the American Bar Association. Then there is the political aspects of a President of one party seeking approval for his nominee from the members of the opposing party. Any Senator may undertake what is known as a filibuster, in order to stop the nominee from being voted on by the whole Senate. This is a way in which a nomination can be stopped without actually voting the person down in the Senate.