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VERIFY: No, a Supreme Court Justice can't be removed because of their age

Article III of the Constitution says judges "shall hold their offices during good behavior."

Justice Ruth Bader Ginsburg is up and working after undergoing surgery to remove malignant growths on her left lung. This comes a month after the 85-year-old cracked three ribs. 

A Verify viewer asked whether a Supreme Justice could be forced out after they reach a certain age.

We went directly to the U.S. Supreme Court for answers.

Article III of the Constitution says,  judges "shall hold their offices during good behavior." For years this clause was interpreted to grant justices lifetime tenures, the Federal Judicial Center confirmed.

"From a practical standpoint, almost all of these judges hold office for as long as they wish," the judicial's research agency said. "Article III also prohibits lowering the salaries of federal judges 'during their continuance in office.'"

There's only three ways off the bench—an impeachment and conviction from Congress for something criminal, voluntarily resigning or retiring.

Congress can't impeach a justice for their age. Thanks to the Constitution, there is no time or age limit for their service.

Of the 118 justices sworn into the Supreme Court, only one--Justice Samuel Chase--was impeached in 1805 , according to Supreme Court records.

Chase was accused of refusing to dismiss biased jurors and excluding or limiting defense witnesses in politically controversial cases.

Even then, the Senate acquitted him, so he remained on the bench until his death in 1811.

Ginsburg's been on the nation's highest court for 25 years, since Bill Clinton appointed her in 1993.  

Justice Douglas holds the title for the longest serving justice: 36 years, 7 months and 8 days. Justice Holmes Jr. was the oldest person to serve the court, retiring at 90.

In recent a recent interview with CBS, Ginsburg said her health is "fine," and her ribs are "almost repaired."

So we can Verify, no, despite some health hiccups, there's no way to force Ruth Bader Ginsburg to step down from the Supreme Court because of her age. 

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