10 Oldest United States Supreme Court Justices Ever (Updated 2024)

Although there is no minimum age requirement for a Supreme Court justice, most justices tend to be appointed after they have made significant achievements in law or politics. Nearly all Supreme Court justices are seasoned lawyers and have even argued cases before the Court. Due to this, the average age of the Court is over 70 years old.

The youngest justice ever appointed was 32 while the oldest was 67. All of the justices on this list served on the Supreme Court throughout their 80s and the two oldest did not retire until they were over 90 years old.

As of October 2022, the information on this list is as accurate as possible and will be updated as needed.

10. Louis Brendais (November 13, 1856 – October 5, 1941)

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Louis Brendeis was the first Jewish person appointed to the Supreme Court. His appointment to the Court was strongly contested because of his reputation as a strong defender of social justice – according to Justice William O. Douglas, Brandeis “was dangerous because he was incorruptible.”

During his tenure on the Court, Brandeis became known for his defense of freedom of speech and the right to privacy.

As a lawyer in the case of Muller v. Oregon, which was presented before the Supreme Court, Brandeis won the case by pioneering what is now known as the “Brandeis Brief.”

It is a legal brief that relies more on a compilation of scientific information and social science than on legal citations.

Did You Know?

Outside of the Supreme Court, Louis Brendeis became active in the Zionist movement, seeing it as a solution to antisemitism in Europe, while at the same time being a way to “revive the Jewish spirit.”

9. Thurgood Marshall (July 2, 1908 – January 24, 1993)

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In addition to being one of the oldest Supreme Court justices, Thurgood Marshall is notable for being the first African-American justice. Before joining the Supreme Court, Marshall founded the NAACP (National Association for the Advancement of Colored People) Legal Defense and Educational Fund and served as its executive director.

In this role, he argued several cases before the Supreme Court, including Smith v. Allwright, Shelley v. Kraemer, and Brown v. Board of Education.

Marshall was known for his liberal views and he described his legal philosophy as this: “You do what you think is right and let the law catch up.” He served alongside Justice William Brennan, who was also vocally liberal, and the two were often allies.

Did You Know?

Thurgood Marhshall left all of his personal papers and notes to the Library Congress, which opened the papers for immediate use by scholars, journalists, and the public.

8. Stephen Breyer (August 5, 1938 – Present) 

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After the passing of Ruth Bader Ginsberg in 2020, Stephen Breyer was the oldest sitting member of the Supreme Court until his retirement in 2022. Stepping down at the age of 83, Breyer is now one of the oldest Supreme Court justices ever. 

Breyer was nominated by Bill Clinton and served on the Court for more than 27 years. During his tenure, Breyer fell in line with the liberal wing of the court. 

Before he was appointed to the Supreme Court, Breyer served as a judge on the U.S. Court of Appeals for the First Circuit; he was the Chief Judge for the last four years of his appointment. 

During the early years of his career, Breyer taught at Harvard Law and he became a leading expert on administrative law. While working as a professor, Breyer took special assignments to serve the government.

He was an assistant special prosecutor on the Watergate Special Prosecution Force in 1973. Breyer also served as a special counsel to the U.S. Senate Committee on the Judiciary from 1974 to 1975 and served as chief counsel of the committee from 1979 to 1980.

Did You Know?

As a specialist in administrative law, Stephen Breyer wrote several textbooks on the subject that are still used in classrooms today. 

7. William J. Brennan (April 25, 1906 – July 24, 1997)

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William J. Brennan was the seventh longest-serving Supreme Court justice and one of the oldest at retirement. Brennan was known for his liberal and progressive views, including his support for abortion rights and opposing the death penalty.

Due to his outspoken opinions, Brennan often swayed the more conservative justices to vote with the liberal majority under Chief Justice Earl Warren’s tenure.

During the Warren Court, Brennan played a leading role in expanding individual rights. He authored the majority opinions in cases such as Baker v. Carr and New York Times Co. v. Sullivan. Justice Antonin Scalia, one of the Court’s most conservative members, said that Brennan was “probably the most influential Justice of the [20^th] century.”

Did You Know?

William J. Brennan had such a close friendship with Chief Justice Earl Warren, that he was often tasked with writing the majority opinion. This led to the other justices dubbing Brennan “deputy Chief.”

6. Hugo Black (February 27, 1886 – September 25, 1971)

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Hugo Black was not only one of the oldest U.S. Supreme Court justices, but he was also one of the longest serving. Prior to being appointed to the Supreme Court by President Franklin D. Roosevelt, Black was a Senator representing Alabama from 1927 – 1937.

Before starting his political career, Black was a member of the Ku Klux Klan, but he resigned from the organization in 1925. After that he distanced himself from the KKK and said that he had nothing to do with them.

Black was known for advocating for judicial restraint; he believed that the Court should not interfere with social and economic matters. Although he was a supporter of civil liberties, he wrote the majority opinion in Korematsu v. United States, which allowed Japanese American internment during World War II.

Did You Know?

Hugo Black is considered one of the most influential U.S. Supreme Court justices of the 20^th century and his distinct legal theory influenced judges like Earl Warren, William Rehnquist, and Antonin Scalia.

5. Harry Blackmun (November 12, 1908 – March 4, 1999)

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Harry Blackmun is the fifth oldest person to serve on the United States Supreme Court. He retired at the age of 85 in 1994. Blackmun was appointed to the Court by Republican President Richard Nixon, and was expected to vote conservatively along with Chief Justice Warren Burger (who was Blackmun’s long-time friend).

Although Blackmun, who was a life-long Republican, often voted with Burger during his early years – which earned them the nickname “Minnesota Twins” – after Roe v. Wade, Blackmun began to vote more liberally.

In fact, Blackmun was the one who authored the majority liberal opinion in Roe v. Wade, and he became a passionate advocate for abortion rights. Some of his other notable cases include Bates v. State Bar of Arizona, Bigelow v. Commonwealth of Virginia, and Stanton v. Stanton.

Did You Know?

In 1997, Harry Blackmun appeared in Steven Spielberg’s Amistad, portraying Justice Joseph Story. This makes Blackmun the only U.S. Supreme Court justice to play a judge in a film.

4. Ruth Bader Ginsburg (March 15, 1933 – September 18, 2020)

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Ruth Bader Ginsburg was the oldest female Supreme Court justice ever and served until her death at the age of 87.

Ginsburg was the second female justice after Sandra Day O’Connor to be appointed to the Supreme Court. Before being appointed to the Court, Ginsburg was a professor at the Rutgers School of Law and Columbia Law School. She also was a volunteer lawyer for the American Civil Liberties Union (ACLU) and was a member of its board of directors.

At the start of her career as a Supreme Court justice, Ginsburg was regarded as moderate, but eventually shifted sides to the liberal wing of the Court. She advocated for gender equality and women’s rights and has become a feminist pop culture icon. 

Did You Know?

Ruth Bader Ginsburg had beaten cancer an incredible four times, but succumbed to complications surrounding her fifth recurrence of cancer in September 2020.

3. Roger B. Taney (March 17, 1777 – October 12, 1864)

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Roger B. Taney was the 5^th Chief Justice of the Supreme Court and was 87 years old when he died, which ended his tenure as a justice. Taney was the first Roman Catholic as well as non-Protestant to be appointed to the Supreme Court and a presidential cabinet (he was Attorney General under President Andrew Jackson).

Taney is best known for delivering he majority opinion in the Dred Scott v. Standford case, which stated that African-Americans, whether free or slave, were not American citizens and thus had no standing to sue in federal court. His opinions as a justice reflected his personal views, which included supporting slavery.

Did You Know?

In a twist of ironic fate, Roger B. Taney died in the final months of the American Civil War, on the same day that Maryland, his home state, abolished slavery.

2. John Paul Stevens (April 20, 1920 – July 16, 2019)

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John Paul Stevens was just a few months shy of being the oldest serving United States Supreme Court justice. He retired at 90 years old and is currently the third longest serving Supreme Court justice in history.

Stevens was appointed by President Gerald Ford and retired in 2010 under President Barack Obama. Early on is his career as Supreme Court justice, Stevens was moderately conservative.

As time went on, Stevens’ views and votes became more liberal – he was even dubbed the “Chief Justice of the Liberal Supreme Court.” Although he was seen as a liberal judge by the end of his tenure on the Supreme Court, in 2007 Stevens called himself a judicial conservative.

Stevens is known for his majority opinions in landmark cases such as Chevron v. Natural Resources Defense Council, Hamdan v. Rumsfeld, Massachusetts v. EPA, and Apprendi v. New Jersey.

Did You Know?

Not only is John Paul Stevens one of the oldest Supreme Court justices ever, he holds the record for being the longest-lived justice in U.S. history – Stevens passed away not to long ago in 2019 at the age of 99!

1. Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935)

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Oliver Wendell Holmes Jr. was nearly 91 years old when he retired, making him the the oldest United States Supreme Court justice ever. Holmes is one of the most cited Supreme Court justices, especially for his views on freedom of speech under the First Amendment.

In his majority opinion in the 1919 case of Schenck v. United States, Holmes famously introduced the “clear and present danger” test, which would become an important concept in First Amendment law.

In addition to advocating for broad freedom of speech, Holmes supported economic regulation and was also one of the only justices to be known as a scholar. According to The Journal of Legal Studies, Holmes is the third most cited American legal scholar of the 20^th century.

Did You Know?

According to a widely circulated story that could never be fully proven, Oliver Wendell Holmes Jr., who fought for the North during the Civil War, supposedly shouted to Abraham Lincoln to take cover during the Battle of Fort Stevens.