Justice Thomas Nears Historic Milestone, Eyes Longest-Serving Supreme Court Record

Yahoo

2 days ago

Justice Clarence Thomas marked a major milestone Thursday, tying the late Justice Joseph Story as the ninth-longest-serving Supreme Court justice in U.S. history.
The tie comes after 12,273 days on the nation's highest Court. Thomas, 76, has long been a pivotal and often polarizing figure on the bench, and his tenure shows no signs of ending soon. Barring retirement or health complications, Thomas is on track to rise even higher on the longevity list, potentially becoming the longest-serving justice in history by August 2028 — just months before the next presidential election.
If he serves another 20 days beyond Thursday, Thomas will surpass Chief Justice William Rehnquist for the eighth-longest tenure. Within months, he would eclipse judicial giants, including Chief Justice John Marshall and Justice Hugo Black, the Alabamian who currently holds the fifth-longest term with 12,448 days.
Thomas's longevity on the Court comes at a time when health and age are increasingly relevant topics for the justices. While Thomas is the oldest current member, fellow septuagenarian Justice Sonia Sotomayor has also faced health challenges in recent years. Retirement rumors occasionally swirl, but Thomas has given no public indication of stepping down.
Appointed by President George H.W. Bush and confirmed in 1991 after a bruising and historic confirmation battle, Thomas has become the Court's longest-serving current justice and its most senior voice. Known for his textualist approach and willingness to question decades of precedent, Thomas has played a central role in reshaping American constitutional law, particularly in areas like gun rights, affirmative action, and administrative law.
For much of his early tenure, Thomas was known for his silence during oral arguments, often going years without asking a single question. But in recent years, he has become more vocal from the bench. His writings have drawn both fierce criticism and admiration, particularly his concurrences and dissents, which often lay the groundwork for future rulings.
Thomas will match the service of Joseph Story, an influential early justice appointed by President James Madison in 1811 at the age of just 32 — the youngest justice in Supreme Court history. Story helped shape foundational doctrines in American law and was especially influential in the development of maritime and commercial law. His writings, including Commentaries on the Constitution of the United States, remain widely studied by legal scholars. Story served until his death in 1845 after nearly 34 years on the bench.
As Thomas continues toward breaking more longevity records, the political implications loom. Justices in the modern era typically avoid retiring in the months leading up to a presidential election, in part to prevent their seat from becoming a flashpoint. But if Thomas is still on the bench in late 2028 — and if the presidential race is closely contested — the possibility of his successor may become a major issue for both parties and the electorate.
Ruth Bader Ginsburg's death in 2020, just weeks before the presidential election, led to a contentious and rapid confirmation of Justice Amy Coney Barrett. That episode highlighted how crucial Court appointments can be to the political process, especially when timing intersects with electoral cycles.
Whether Thomas seeks to retire or remain on the bench, one thing is increasingly clear: his presence — and the legacy he leaves — will remain a major part of the Court's history and the country's political conversation for years to come.