How Is the Chief Justice of the US Supreme Court Chosen?
The way in which the chief justice of the Supreme Court is chosen works the same as when any Supreme Court justice is selected: The president makes a nomination, the nominee is vetted and the United States Senate is then called on to accept or deny the nomination. Earlier in history, the president traditionally tapped someone already sitting on the court, but that has changed and now the successor is usually chosen from outside.
Other People Are Reading
-
History
-
George Washington nominated John Jay as the first chief justice. In 1789, President George Washington formed the first Supreme Court by nominating six individuals for the Senate to approve. Washington chose John Jay, another founding father and former president of the Continental Congress, to become chief justice. While two of Washington's nominees were denied, John Jay received Senate confirmation and started his term that same year.
Tradition
-
Since then, absent constitutional guidance and any congressional action, it became accepted that the president nominates the chief justice subject to Senate approval. University of Iowa College of Law professor Todd Pettys argues that nomination by the President made sense given the advisory role the chief justice was once expected to play to the executive branch, but that that role has diminished over the course of history.
-
Nomination Procedure
-
The U.S. Senate confirms or rejects the president's Supreme Court nominations. The nomination procedure mirrors that of a nomination for associate justice. First, the president chooses a nominee. The Senate Judiciary Committee--which consists of 18 Senators--then interviews the nominee on various points. including prior decisions or other casework and positions on issues of law. The committee may, at this time, interview witnesses who support or oppose the nominee. The committee then votes to approve or deny the nomination, but, regardless of the vote, the nominee goes before the full Senate for a vote. If the full Senate then confirms the nominee, he becomes the chief justice for life.
Political Changes
-
Early in Supreme Court history, the president would nominate a sitting associate Supreme Court justice. However, this meant two confirmation hearings within the Senate--one for the chief justice nominee and then one for a nominee to replace the associate justice--which led to more political clashes over the nominations. As a result, presidents started to select nominees from outside as a way of eliminating one of those hearings and reducing political conflict while hoping to ensure the success of their nominees.
Interim Chief Justice
-
If a sitting chief justice dies or is otherwise incapable of fulfilling his duties, the law states that the associate justice with the most seniority on the court temporarily fulfills the role of chief justice until a replacement is selected and confirmed by the Senate.
John Roberts Nomination
-
In 2005, President George W. Bush nominated John G. Roberts Jr. to replace retiring associate justice Sandra Day O'Connor. Chief Justice William H. Rehnquist died a few months later while Roberts' Senate confirmation was pending. President Bush withdrew his nomination for associate justice and nominated Roberts for the position of chief justice, and he was confirmed. Bush then later nominated Samuel Alito to replaced O'Connor, and he was also confirmed.
-
References
Resources
- Photo Credit us supreme court image by jedphoto from Fotolia.com George Washington University image by dwight9592 from Fotolia.com salt lake city capitol image by Albo from Fotolia.com
