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vanity: SCOTUS question - can a chief justice be "demoted"?
self | 1/19/20 | NewJerseyJoe

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.)


TOPICS: Government; History
KEYWORDS: chiefjustice; ginsburg; idunno; johnroberts; judiciary; maybe; no; scotus; vanity; yes
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To: Cvengr
He could be removed for spitting on the sidewalk with a majority vote in the House and a 2/3 vote in the senate.

IOW, forgetaboutit.

41 posted on 01/20/2020 6:54:26 AM PST by conservatism_IS_compassion (Socialism is cynicism directed towards society and - correspondingly - naivete towards government.)
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To: BEJ

Not poker. Full-contact karate.


42 posted on 01/20/2020 6:59:42 AM PST by Spruce
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To: NewJerseyJoe

No, but he or she can be blackmailed.


43 posted on 01/20/2020 7:00:25 AM PST by OKSooner (Free Beer Tomorrow)
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To: William Tell
Well that is still an assumption, open to debate. 8>) Trying impeachment and presiding over impeachment are two different functions. However, it's a safe bet that it's assumed that the Senate could choose the person to preside. 8>)

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>)

44 posted on 01/20/2020 7:31:52 AM PST by Robert DeLong
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To: Spruce

lol!


45 posted on 01/20/2020 8:12:52 AM PST by BEJ
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To: NewJerseyJoe

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.


46 posted on 01/20/2020 9:00:06 AM PST by napscoordinator (Trump/Hunter, jr for President/Vice President 2016)
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To: Cboldt
There is also that constitutional "shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office."

Except it's not the same Office. He certainly could be 'diminished in pay' if he was demoted to a different job. He ceases his continuance in the one office, and immediately begins a term in another Office.
47 posted on 01/21/2020 5:54:38 PM PST by Svartalfiar
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