Posted on 12/17/2020 3:10:11 PM PST by Political Junkie Too
I believe that it's time to reform the role of Chief Justice of the United States.
The Constitution only mentions "Chief Justice" in one place: Article I, Section 3, Clause 6 as presiding over impeachment trials in the Senate. Otherwise, the Chief Justice has no constitutional distinction over the other Justices of the Supreme Court. In fact, it was the Judiciary Act of 1789 the formally created the titles of Chief Justice of the Supreme Court and Associate Justice of the Supreme Court.
Going further, there is no provision in the Constitution that specifically requires the President to nominate a Chief Justice; the only requirement is that President nominate Justices to the Supreme Court. It has been tradition only that led to specific nominations for Chief Justice.
Therefore, I am calling for a reform of the way we choose Chief Justices.
I believe we should let the sitting Justices of the United States choose their Chief Justice at the beginning of each judicial session in October, similar to how the House of Representatives chooses the Speaker at the beginning of each Congress.
The President will still nominate Justices, but we will no longer see the drama surrounding the Roberts nomination. John Roberts was nominated as Associate Justice to replace Sandra Day O'Conner. With the passing of William Renhquist President Bush withdrew the nomination of Roberts as Associate Justice and renominated him as Chief Justice. This was followed by the nomination of Harriet Miers as Associate Justice, followed by her withdrawal and nomination of Samuel Alito as Associate Justice.
By letting the Supreme Court choose their own Chief Justice, the initial nomination of John Roberts would have stood and he would have become just another member of the Supreme Court.
At the time that Roberts was confirmed, the make-up of the Supreme Court was:
It would be a nice thought exercise to ponder whom the Justices would have chosen from amongst themselves to replace Rehnquist as Chief Justice. Kennedy, perhaps? Stevens, who had seniority?
There is no Constitutional amendment necessary to make this change. In fact, the only relevant mention of Chief Justice in the US Code is 28 U.S. Code § 3 - Vacancy in office of Chief Justice; disability:
Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified.
Since this is by statute and not by plenary power of the President, I see no reason why there can't be a push to no longer separately nominate a Chief Justice from all the other Justices. The President nominates, and by and with the advice and consent of the Senate appoints, Justices of the United States. US 28 Chapter 1 § 3 is satisfied.
Let the Justices sort out amongst themselves who will preside over the court as Chief Justice during the current session of the Supreme Court.
-PJ
Roberts is corrupt and compromised ... he needs to be impeached
next year there will be 3 Chief Justices
Nawwwww... it’s time to FIRE the chief justice of SCOTUS!
It would be helpful if certain Chief Justices didn’t visit certain islands.
The fix is in in Georgia.
Therefore the only thing that is left is our 2nd amendment until its gone.
.
Will never happen! Just like another honest election will never happen.
The Dems will never be out of power again. We had better all understand that.
BTW, you won’t recognize the SCOTUS in 4 years.
From what I have seen of the Supreme Court, we would be better off if we held a lottery each year and the nine winners would serve in the Court for a year.
Trump stays in office. Then he offers a SCOTUS appointment to Hillary in return for Roberts impeachment. We’re still at 5-4 with one of them 82 y/o. She would only have to hold it until a Democrat wins the WH.
That’s a horror movie.
There is no justice. It’s SELECTIVE justice/injustice.
Elites/overlords in prison = 0
Americans = LOTS
LADY MACBETH Out, damned spot! out, I say!—One: two: why,
then, ‘tis time to do’t.—Hell is murky!—Fie, my 40
lord, fie! a soldier, and afeard? What need we
fear who knows it, when none can call our power to
account?—Yet who would have thought the old man
to have had so much blood in him.
If this true:
https://twitter.com/LLinWood/status/1339635670017445888
“This may be most important tweet of my life.
Chief Justice John Roberts is corrupt & should resign immediately. Justice Stephen Breyer should also resign immediately.
They are “anti-Trumpers” dedicated to preventing public from knowing TRUTH of
@realDonaldTrump
re-election.”
Saw that. Wood was on fire in his tweets. There is nobody to hold them to account. “should resign immediately”...they are ROFLTAO
As I mentioned in an earlier post, the Chief Justice only writes majority opinions and, from this article, presides over an impeachment.
So why do we care that Roberts is Chief Justice?
And because he acts like he believes he rules the court.
-PJ
I think the present situation is meant to be a steadying of the court, which is supposed to be above politics. Traditionally, seniority has played a big role, and the only thing that would interrupt the automatic ascension of the next longest-serving justice, who might not necessarily be the best choice to lead, is this tradition of appointing a C.J., either from inside or from without. It’s almost like another check and balance.
Given the politicization of the SCOTUS due to their own meddling in social issues ever since McCollum v. Board of Ed (1947), to have them engage in what is essentially a political election within their ranks would probably be just as problematic in the long run. (Assuming the Constitution will continue to have a long run.)
The trouble is, as Adams pointed out at the Founding, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” Also applies to Justices as individuals.
Because:
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