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.)
IOW, forgetaboutit.
Not poker. Full-contact karate.
No, but he or she can be blackmailed.
This is another example, much like natural born citizen, where it is not spelled out and thus is open to broad interpretation. The Framers were smart people, but alas they were human and could not create the perfect document that left no question unanswered. 8>)
lol!
I am hoping Tomas retires at the end of this session so he can be replaced by a young justice. I’d like Alito too as well. Two more 40 year olds would be awesome.
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