In 1939, Felix Frankfurter was the first Supreme Court nominee to answer questions before the Senate Judiciary as to his fitness to serve on the Supreme Court. His counsel, Dean Acheson, whispers advice ~

Library of Congress


The President appoints Justices with the advice and consent of the Senate, which takes its duty soberly. Since 1789 the Senate has rejected roughly one out of five formal nominations and has argued others at length. For a solid reason: As one Justice says, "Once we’re here, they can’t fire us."

Article III of the Constitution provides that the Justices, and all other federal judges, hold their offices "during good Behaviour." (and while they serve, their pay cannot be cut.) They may resign at any time, or retire when eligible. Once confirmed, however, they may be removed—in accordance with Article II—only by "Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." In effect they serve for life. Never in the Nation’s history has a Supreme Court Justice been removed by impeachment.

When he or she takes the oath to uphold the Constitution and dons a robe, a Justice can enjoy an almost Olympian detachment. Members of the Court find it prudent to keep relationships with legislators and Presidents cordial but at arms length. The Chief Justice, however, does confer with them on matters of judicial administration. The Court’s budget must be supported before Congress, and codes of judicial conduct urge Justices to express their views on matters affecting the judicial system.

But by the very nature of the position, a Justice escapes some of the pressures and tensions that vex many public servants and take so much of their time: the orders or requests from other officials, the demands of constituents, the tactful or ham-handed approach from lobbyists.

At the Court the strongest pressure takes a subtle form, felt in the mind or conscience. Associate Justice William J. Brennan, Jr., once defined it as the awareness of fallible human beings "that their best may not be equal to the challenge."

A single close case exerts its pressure. A rising caseload heightens it. The pressure makes for an air of aloofness, but that is part discipline, part illusion.