Some misinformation I have heard about a Chief Justice

[Jersey Devil]

Several people, here and at other events I've been to over the past few weeks, have asked me questions about the Roberts nomination as Chief Justice. Several were under the mistaken impression that a Chief Justice:

1 - Decides what cases the Supreme Court hears. Untrue. Certiorari, the way almost all cases are agreed to be heard by the Court, requires the votes of any 4 justices of the Supreme Court. The CJ's vote is not required.

2 - The Chief Justice has tie breaking voting power. False - His vote is the same as anyone else's. If there is a tie vote of 4-4 for example because one justice has for some reason excused him/her self from a case, the CJ cannot break the tie. A tie vote affirms the decision of the court below, which means that the lower court's ruling is upheld.

Of course, if a CJ is extremely persuasive he may be able to bring along an indecisive vote, but I think that is a rare ability and that only someone of unusual character like the late Earl Warren could have accomplished that. You have to understand that all of these justices are people who are brilliant in their fields (well, maybe not Thomas) and fiercely independent. There are no wilting lilies in that field.

[crispini]

1. thank you

:kick: for the good info.

[napi21]

2. That's absolutely right. When Shrub first nominated Roberts as CJ

I checked the net to find out just what is the difference between the CJ and the assoc. justices. He does get to chose which justice will write the opinion in each case. For the most part, the rest of his job is administrative.

[rsdsharp]

4. The Chief Justice can only assign an opinion

if he is in the majority. If he (or eventually she) is in the minority, the senior member of the majority makes the assignment as to who will write the decision.

The position, as it differs from that of Associate Justice, is largely administrative. However, the Chief does make the appointment of judges who sit on the secret tribunals -- very important in these times of the Patriot Act.

[CrispyQ]

3. I thought those things too, then I remembered

Google is your friend!


Chief Justice of the United States
From Wikipedia

http://en.wikipedia.org/wiki/Chief_Justice_of_the_United_States