Can a Supreme Court Justice be remove if unable to perform their duties?

I did some research on this and the answer basically is no. Either they retire or die. I read about William O Douglas, His mental facilities were at such a point that in any important case where his decision could affect the case, they were postponing until he had left the court. Also there were times when the law clerks would make the decisions for the judge. Also the Supreme Court tends to hide the facts of the health of its members


The lack of a member only affects contentious cases. SCOTUS for the most part marches on. So removal for health would be something congress would have to do. Do you REALLY want to set the precedent of the most political body in the country removing justices when THEY deem them unfit? Remember every power you claim for your side is one that the other side will use against you. Probably better to let an 8 (or less) person SCOTUS just be than to have congressmen watching them for every cough or sniffle.


Search of internet shows that a provision for the court justices is in the existing laws. It is in Section 1 Article 3 of the Constitution. Impeachment has been tried. Failed once, and forced a resignation once. See But that is only for behavior, not health. A loose reading might show that if "good behavior" is not there because of mental illness. Then that might be cause. The 25th Amendment of the Constitution does not apply to that branch of the government.


nope, they have to be completely free of all coercion & corruption & threats .............




They cannot be removed for health reasons.


A Supreme Court Justice can be removed in the same manner as the US President. 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. Impeachments are rare, and removal from office even more rare. Some judges have been impeached and removed, but no Supreme Court Justice nor US President was ever removed from office other than by resignation (or assassination). On July 7, 1797, William Blount, United States Senator (Tennessee), was impeached by the House of Representatives for conspiring to assist Britain in capturing Spanish territory. The Senate expelled him by their own authority of being able to remove any US Senator rather than by a trial of impeachment. Otherwise, a Supreme Court Justice is appointed for life, or until they choose to retire or resign. Otherwise, you are correct.

W.T. Door

There is no mechanism to remove a USSC Justice for ill health. The concern with regard to Justice Ginsberg is the Left will conceal the fact she is unable to perform her duties and will falsify decisions so they appear to be coming from Ginsberg.