Rutledge remains the only "recess appointed" justice not to be subsequently confirmed by the Senate. The chief justice has significant influence in the selection of cases for review, presides when oral arguments are held, and leads the discussion of cases among the justices. CMS: 20th International Conference of Chief Justices of the World 2020. The Conference of Chief Justices (CCJ) was founded in 1949 to provide an opportunity for the highest judicial officers of the states to meet and discuss matters of importance in improving the administration of justice, rules and methods of procedure, and the organization and operation of state courts and judicial systems, and to make recommendations and bring about improvements on such matters. President Washington gave him a recess appointment in 1795. The chief justice of the United States[1][2] is the chief judge of the Supreme Court of the United States and the highest-ranking officer of the U.S. federal judiciary. Since the Supreme Court was established in 1789, 17 people have served as chief justice, beginning with John Jay (1789–1795). Appoints sitting federal judges to the membership of the, Supervises the acquisition of books for the, This page was last edited on 29 October 2020, at 15:55. ", "U.S. Senate: Supreme Court Nominations: 1789–Present", https://en.wikipedia.org/w/index.php?title=Chief_Justice_of_the_United_States&oldid=986064364, Supreme Court of the United States people, Short description is different from Wikidata, Creative Commons Attribution-ShareAlike License, This article is part of the series on the. Associate Justice William Johnson eventually persuaded Marshall and the rest of the court to adopt its present practice: one justice writes an opinion for the majority, and the rest are free to write their own separate opinions or not, whether concurring or dissenting.[11]. Five of the 17 chief justices—John Rutledge, Edward Douglass White, Charles Evans Hughes, Harlan Fiske Stone, and William Rehnquist—served as associate justice prior to becoming chief justice. Since 1789, 15 presidents have made a total of 22 official nominations to the position.[4]. In 1930, former Associate Justice Charles Evans Hughes was confirmed as chief justice. The current chief justice is John Roberts (since 2005). [9] It is reported that: Chief Justice Warren Burger was renowned, and even vilified in some quarters, for voting strategically during conference discussions on the Supreme Court in order to control the Court's agenda through opinion assignment. The Supreme Court agrees to hear less than one percent of the cases petitioned to it. Seven times, someone other than the chief justice of the United States administered the oath of office to the president. Although the Constitution is silent on the matter, the chief justice would, under Senate rules adopted in 1999 prior to the Clinton trial, preside over the trial of an impeached vice president. [20] Currently, Clarence Thomas is the most senior associate justice. Many of the court's procedures and inner workings are governed by the rules of protocol based on the seniority of the justices. Since the tenure of William Howard Taft, the office of chief justice has moved beyond just first among equals. The chief justice serves as a spokesperson for the federal government's judicial branch and acts as a chief administrative officer for the federal courts. John Jay served as a diplomat to negotiate the Jay Treaty, Robert H. Jackson was appointed by President Truman to be the U.S. prosecutor in the Nuremberg trials of leading Nazis, and Earl Warren chaired the President's Commission on the Assassination of President Kennedy. [8] He may assign this task to the individual justice best able to hold together a fragile coalition, to an ideologically amenable colleague, or to himself. The chief justice's formal prerogative—when in the majority—to assign which justice will write the court's opinion is perhaps his most influential power,[9] as this enables him to influence the historical record. There is no specific constitutional prohibition against using another method to select the chief justice from among those justices properly appointed and confirmed to the Supreme Court. This was the first Supreme Court nomination to be rejected by the United States Senate. When deciding a case, however, the chief justice's vote counts no more than that of any other justice. [15] John Tyler and Millard Fillmore were both sworn in on the death of their predecessors by Chief Justice William Cranch of the Circuit Court of the District of Columbia. However, his subsequent nomination to the office was not confirmed by the Senate, and he left office and the court. Article III, Section 1 of the Constitution specifies that they "shall hold their Offices during good Behavior". In doing so, Marshall would often write the opinions himself and actively discouraged dissenting opinions. Additionally, he has no legal authority to overrule the verdicts or interpretations of the other eight judges or tamper with them. While nowhere mandated, the presidential oath of office is by tradition typically administered by the chief justice. Additionally, when the court renders an opinion, the chief justice, if in the majority, chooses who writes the court's opinion. The appointments took effect on Oct. 1, 2020. Article III, Section 1, which authorizes the establishment of the Supreme Court, refers to all members of the court simply as "judges". [2] The first person whose Supreme Court commission contained the modified title was Melville Fuller in 1888. Listed here (unless otherwise noted) is the position—either with a U.S. state or the federal government—held by the individual immediately prior to becoming Chief Justice of the United States. Article I, Section 3, Clause 6 designates the chief justice to preside during presidential impeachment trials in the Senate; this has occurred three times. The chief justice presides over the Judicial Conference and, in that capacity, appoints the director and deputy director of the Administrative Office. Three incumbent associate justices have been nominated by the president and confirmed by the Senate as chief justice: Edward Douglass White in 1910, Harlan Fiske Stone in 1941, and William Rehnquist in 1986. He normally speaks first and so has influence in framing the discussion. CCJSCA’s 41st Annual Conference Our in-person conference in Amelia Island, Florida has been postponed until 2022 - a victim of the pandemic - but don’t miss the exciting three day virtual conference beginning October 13 for new member orientation and continuing on November 10 and December 1- 2. The Dec. 1-3 conference, whose theme is Greening Judiciary 2020, is a continent-wide initiative that focuses on building the … Since the Supreme Court was established in 1789, the following 17 men have served as chief justice:[21][22], Presiding judge of the U.S. Supreme Court, (resigned, nomination having been rejected). In 1866, Salmon P. Chase assumed the title of Chief Justice of the United States, and Congress began using the new title in subsequent legislation. Two former associate justices subsequently returned to service on the court as chief justice. Kenya's Judiciary said on Wednesday it will host a three-day pan-African conference for chief justices in December on the role of courts in combating climate change in the continent. While associate justices may append items to the weekly agenda, in practice this initial agenda-setting power of the chief justice has significant influence over the direction of the court. [9] A chief justice who knows the associate justices well can therefore do much—by the simple act of selecting the justice who writes the opinion of the court—to affect the general character or tone of an opinion, which in turn can affect the interpretation of that opinion in cases before lower courts in the years to come. The chief justice ordinarily administers the oath of office to newly appointed and confirmed associate justices, whereas the seniormost associate justice will normally swear in a new chief justice. § 3, when the chief justice is unable to discharge his functions, or when that office is vacant, the chief justice's duties are carried out by the most senior associate justice until the disability or vacancy ends. Three chief justices have presided over presidential impeachment trials: Salmon P. Chase (1868 trial of Andrew Johnson), William Rehnquist (1999 trial of Bill Clinton), and John Roberts (2020 trial of Donald Trump). The Judiciary Act of 1789 created the distinctive titles of Chief Justice of the Supreme Court of the United States and Associate Justice of the Supreme Court of the United States. [16] Chester A. Arthur and Theodore Roosevelt's initial oaths reflected the unexpected nature of their taking office. Thus, when the chief justice is in the majority, he always assigns the opinion. [17] The chief justice also: Unlike Senators and Representatives, who are constitutionally prohibited from holding any other "office of trust or profit" of the United States or of any state while holding their congressional seats, the chief justice and the other members of the federal judiciary are not barred from serving in other positions. Article II, Section 2, Clause 2 of the U.S. Constitution grants plenary power to the president of the United States to nominate, and with the advice and consent of the United States Senate, appoint "Judges of the supreme Court", who serve until they resign, retire, are impeached and convicted, or die. Article I, Section 3 of the U.S. Constitution stipulates that the chief justice shall preside over the Senate trial of an impeached president of the United States. [6][7] This rule was established to preclude the possibility of a vice president presiding over their own trial. The chief justice always ranks first in the order of precedence—regardless of the length of the officeholder's service (even if shorter than that of one or more associate justices). [8] The task of assigning who shall write the opinion for the majority falls to the most senior justice in the majority. Under 28 U.S.C. John Rutledge was the first. [3] The associate justice title was not altered in 1866 and remains as originally created. If the chief justice is ill or incapacitated, the oath is usually administered by the seniormost member of the Supreme Court. The chief justice chairs the conferences where cases are discussed and tentatively voted on by the justices. [14] This, however, was contested upon Coolidge's return to Washington, and his oath was re-administered by Judge Adolph A. Hoehling, Jr. of the U.S. District Court for the District of Columbia. Nonetheless, a chief justice's influence may be limited by circumstances and the associate justices' understanding of legal principles; it is definitely limited by the fact that he has only a single vote of nine on the decision whether to grant or deny certiorari.
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