We recently wrote about the avenues Supreme Court justices have for leaving the bench: retirement (including resignation), removal following impeachment (less ideal), or death (least ideal).
As for the first option, justices often continue working for the judiciary and using its resources even after retiring. Indeed, Justice Oliver Wendell Holmes Jr. started the tradition of retired justices employing a law clerk, and the practice has continued intermittently since then. As former law clerk for retired Justice Potter Stewart (and now SCOTUSblog columnist) Rory Little reflected in 2020, there is not a formal list of the law clerks for retired justices, but he estimated (at that time) since 1932 (the year Holmes retired) there have been more than 110.
But what, exactly, do retired justices do? As Little writes, “Justices may carry a variety of work while in retirement. Such work can include sitting by designation on the lower federal courts—usually one of the Circuit Courts of Appeals—delivering lectures, writing books and law review articles, and other significant legal work.” (Little goes on to explain that this work may not always be enough for the “retired” clerk, who is then “loaned” to active justices – Justice Neil Gorsuch was one such clerk).
The first task, sitting by designation on the lower federal courts, was not a thing until 1937, when the justices were first given the option to take senior status. Since then, 27 justices have taken senior status and 12 of them have served on lower courts. Justice Sandra Day O’Connor sat on several after her 2006 retirement – along with participating in other ventures such as writing, philanthropy, and public speaking. In fact, O’Connor sat as a judge around 180 times on federal courts of appeals across the country and wrote 33 decisions (six were appealed to the Supreme Court, which declined to review them). Justice David Souter also served on the federal appeals court in Boston.
This task (like the others) is by no means mandatory. Justice John Paul Stevens – when he retired in 2010 at age 90 – decided he would not sit on the lower courts. Stevens continued to lecture and write (including a number of books) until his death nine years later. For his part, Stewart said it was “no fun to play in the minors after a career in the major leagues.”
O’Connor’s and Stevens’ non-judicial pursuits in retirement are also not uncommon for retired justices. Former Justice Stephen Breyer published a book in 2024, following his 2022 retirement, while former Justice Anthony Kennedy published his in 2025. And the August 2025 announcement of Justice Samuel Alito’s forthcoming book has fueled speculation of his own retirement.