- 9 justices with lifetime appointments — the number is set by Congress, fixed at 9 since 1869
- Current 6–3 conservative supermajority was cemented by Trump's three appointments (Gorsuch, Kavanaugh, Barrett)
- Dobbs v. Jackson (2022) overturned Roe v. Wade — abortion rights became the biggest single driver of Democratic turnout in 2022 and 2024
- "Court packing" — expanding beyond 9 seats — requires only a simple Senate majority, but no modern attempt has succeeded
The Court Today
| Justice | Appointed by | Year | Ideology | Age |
|---|---|---|---|---|
| John Roberts (Chief Justice) | G.W. Bush | 2005 | Conservative (swing) | 69 |
| Clarence Thomas | G.H.W. Bush | 1991 | Conservative (originalist) | 76 |
| Samuel Alito | G.W. Bush | 2006 | Conservative | 74 |
| Sonia Sotomayor | Obama | 2009 | Liberal | 70 |
| Elena Kagan | Obama | 2010 | Liberal | 64 |
| Neil Gorsuch | Trump | 2017 | Conservative | 57 |
| Brett Kavanaugh | Trump | 2018 | Conservative (moderate) | 59 |
| Amy Coney Barrett | Trump | 2020 | Conservative | 52 |
| Ketanji Brown Jackson | Biden | 2022 | Liberal | 53 |
Ages approximate as of 2026. 6 conservatives, 3 liberals. Trump appointed Gorsuch, Kavanaugh and Barrett — creating the current 6-3 supermajority.
How the Court Works
Landmark Recent Decisions
Dobbs v. Jackson Women's Health
Overturned Roe v. Wade (1973), ending the constitutional right to abortion and returning the question to individual states. Written by Justice Alito. The decision triggered a political earthquake — energizing Democratic voters and contributing to the party's better-than-expected 2022 midterm performance. Thirteen states now have near-total abortion bans.
Rucho v. Common Cause
Ruled 5-4 that federal courts cannot review partisan gerrymandering claims, calling them "political questions" outside judicial reach. This gave state legislatures a free hand to draw district maps as aggressively as they choose for partisan advantage, with no federal court remedy available to voters or losing parties.
Trump v. United States
Ruled that presidents have broad immunity from criminal prosecution for "official acts" taken while in office. Written by Chief Justice Roberts. The decision effectively delayed Trump's federal criminal trials, and was widely criticized as creating a two-tier system of justice that places presidents above the law for actions taken in their official capacity.
The Political Reality
The Court's current 6-3 conservative supermajority is the product of three Trump appointments made between 2017 and 2020. Neil Gorsuch replaced Antonin Scalia (conservative replacing conservative). Brett Kavanaugh replaced Anthony Kennedy, who had been the Court's crucial swing vote. Amy Coney Barrett replaced Ruth Bader Ginsburg — a liberal icon — just weeks before the 2020 election, in a confirmation Republicans pushed through over Democratic objections. The net result: the Court shifted dramatically to the right.
Within the conservative bloc there are meaningful differences. Chief Justice Roberts has shown a reluctance to hand the Court's opponents easy political targets, occasionally siding with liberals on narrow procedural grounds to avoid sweeping rulings. Justices Alito and Thomas are the most aggressive originalists, willing to overturn decades of precedent. Gorsuch and Barrett occupy middle positions; Kavanaugh is often the most moderate of Trump's three nominees.
The court-packing debate — expanding the Court beyond 9 justices to change its balance — gained serious attention after Barrett's confirmation. A Biden commission on Supreme Court reform released a report in 2021 that was inconclusive on expansion but recommended term limits (18-year terms, staggered so each president appoints two per term). No legislation has advanced. With Republicans controlling both chambers and the White House in 2025-2026, reform is off the table.
The next vacancy will be decisive for a generation. Justice Sotomayor (70, liberal) has faced significant pressure from Democratic allies to retire while Biden was president — pressure she resisted. Justices Thomas (76) and Alito (74) could also create vacancies. Whoever controls the Senate when the next seat opens will determine whether the conservative supermajority becomes a 7-2 majority or narrows to 5-4.
Frequently Asked Questions
How many Supreme Court justices are there?
There are 9 justices: 1 Chief Justice and 8 Associate Justices. The number is set by Congress, not the Constitution — it has changed several times in US history. Congress fixed it at 9 in 1869, and it has not changed since. In theory, a future Congress could change the number by simple legislation.
Can the president remove a Supreme Court justice?
No. Only Congress can remove a justice, via impeachment by the House followed by conviction by the Senate. No justice has ever been successfully removed this way. Justice Samuel Chase was impeached by the House in 1804 but acquitted by the Senate. Short of impeachment, a justice can only leave through voluntary retirement or death.
What does it mean to “pack the court”?
Court packing means adding justices beyond the current 9 to shift the Court's ideological balance. A president could nominate additional justices and a Senate majority could confirm them with 51 votes (since 2017, when the filibuster was eliminated for Supreme Court nominations). FDR tried and failed in 1937. After the 6-3 conservative majority was established, some Democrats proposed expanding to 13 justices. The idea has not advanced legislatively.
