Skip to comments.vanity: SCOTUS question - can a chief justice be "demoted"?
Posted on 01/19/2020 7:12:26 PM PST by NewJerseyJoe
In 2005, George W. Bush appointed John Roberts to SCOTUS and also designated him as the Chief Justice, replacing the recently deceased William Rehnquist in both roles.
Question: either now, or when Trump replaces the next departed justice -- can Trump change who is the Chief Justice? Because the Constitution doesn't say anything about how a person is designated to be the chief, I'm wondering if Trump could say, at any time (this is an example):
"I'm nominating Amy Barrett to replace Darth Bader Ginsburg, John Roberts will become an Associate Justice, and I appoint Clarence Thomas as Chief Justice."
(This is just an example -- there are all kinds of names that could be thrown into the mix.)
I realize that such an event would be unprecedented and an extraordinary professional embarrassment to Roberts. But it seems to me that there is zero legal obstacle to prevent Trump from doing such a thing. (Although such a move would almost certainly be denied confirmation by the collegial Senate, by both parties.)
No, the Chief Justice and each Associate Justice holds a specific seat on the court as defined by the Constitution and Acts of Congress.
The Congress could abolish a seat on the court,but the Abolition would not take effect until the incumbent Justice dies, resigns/retires, or is impeached and removed.
We are stuck with the Bush gift that keeps on giving until he retires or is exposed and impeached.
No. He is there for life.
Unless a SOCUTS justice is impeached by the House and convicted by the Senate.
Delicious , liberal haeds will explode!
I seem to remember he was originally appointed as a normal justice to replace O’Connor, but then Rehnquist died while he was going through the process, and they changed it to Chief Justice during the nomination process. Maybe some loophole could be exploited there?
Thank GWB for this one, well at least he gave us Alito!!!
Jeez...remember when that retard tried to give us Justice Harriet Miers?
It’s really not such a stupid question, however, it would require Congress to advise & consent for the selection of a new Chief Justice. So highly unlikely that a current Chief Justice would be replaced and the current Chief Justice revert to being an Associate Justice. The Constitution only mentions a Chief Justice on the Supreme Court with regards to presiding over an impeachment process. But the question then becomes, who presides if a Chief Justice is the one being impeached? 8>)
We are stuck with Roberts, but this whole shit show we are in is trying to stop Trump replacing RBG and others. This aint checkers were playing. Eyes on the prize is where we need to stay.
Yes. I dont think thats where the original question was going. He wants to allow Trump to have dictatorial powers.
I suspect if he was cognizant Obama was not qualified to be President, due to nationality, and ignored his duty, he could be removed from any authority in the Court.
The Chief Justice gets ~$12,000 more per year salary. I don’t think you can “diminish his compensation”, and if the salaries are determined by statute, that may keep him there, as well as the other arguments made.
Nope. Nominated and confirmed as Chief Justice, so Chief Justice he stays until he resigns or is impeached.
In no way was that where my question was going.
There is no provision for a Demotion of the Chief Justice. In fact, very few Associate Justices have ever been nominated for the position of Chief Justice.
Chief Justices are nominated by a president and confirmed by the senate for a lifetime appointment.
They are not superior in any way to Associate Justices. They are not a Boss/Suervisor etc...it is mainly a ceremonial title.
The Chief Justice represents the court. Is a spokesman for the court but, has no authority over the other justices.
A chief justice or any justice can only be removed if tried and judged to be guilty of extremely grave misconduct such as Treason, Subversion, etc...otherwise we are stuck with them until the day they die.
So, thanks to the idiot W, you know, the guy that publicly stated that Bill “The Zipper” Clinton is my Brother from Another Mother” we are stuck with Roberts.
God save us!
Nice post. It made me smile. One of the few things I can say about Justice Roberts comments.
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