Chief Justice of the United States

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. 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). All three presidents were acquitted in the Senate. 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.[6][7] This rule was established to preclude the possibility of a vice president presiding over their own trial.

Many of the court's procedures and inner workings are governed by the rules of protocol based on the seniority of the justices. 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). This elevated status has enabled successive chief justices to define and refine both the court's culture and its judicial priorities.

The chief justice sets the agenda for the weekly meetings where the justices review the petitions for certiorari, to decide whether to hear or deny each case. The Supreme Court agrees to hear less than one percent of the cases petitioned to it. 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. 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.[8][9]

Despite the chief justice's elevated stature, his vote carries the same legal weight as the vote of each associate justice. Additionally, he has no legal authority to overrule the verdicts or interpretations of the other eight judges or tamper with them.[8] The task of assigning who shall write the opinion for the majority falls to the most senior justice in the majority. Thus, when the chief justice is in the majority, he always assigns the opinion.[10] Early in his tenure, Chief Justice John Marshall insisted upon holdings which the justices could unanimously back as a means to establish and build the court's national prestige. In doing so, Marshall would often write the opinions himself and actively discouraged dissenting opinions. 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]

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.[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. Opinion authors can have a large influence on the content of an opinion; two justices in the same majority, given the opportunity, might write very different majority opinions.[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 chairs the conferences where cases are discussed and tentatively voted on by the justices. He normally speaks first and so has influence in framing the discussion. Although the chief justice votes first—the court votes in order of seniority—he may strategically pass in order to ensure membership in the majority if desired.[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. Indeed, Burger is said to have often changed votes to join the majority coalition, cast "phony votes" by voting against his preferred position, and declined to express a position at conference.[12]

The chief justice commonly administers the oath of office of the president of the United States. This is a tradition, rather than a constitutional responsibility of the chief justice; the Constitution does not require that the oath be administered by anyone in particular, simply that it be taken by the president. Law empowers any federal or state judge, as well as notaries public, to administer oaths and affirmations. 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.

If the chief justice is ill or incapacitated, the oath is usually administered by the seniormost member of the Supreme Court. Seven times, someone other than the chief justice of the United States administered the oath of office to the president.[13] Robert Livingston, as chancellor of the state of New York (the state's highest ranking judicial office), administered the oath of office to George Washington at his first inauguration; there was no chief justice of the United States, nor any other federal judge prior to their appointments by President Washington in the months following his inauguration. William Cushing, an associate justice of the Supreme Court, administered Washington's second oath of office in 1793. Calvin Coolidge's father, a notary public, administered the oath to his son after the death of Warren Harding.[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.[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.[16] Chester A. Arthur and Theodore Roosevelt's initial oaths reflected the unexpected nature of their taking office. On November 22, 1963, after the assassination of President John F. Kennedy, Judge Sarah T. Hughes, a federal district court judge of the United States District Court for the Northern District of Texas, administered the oath of office to Vice President Lyndon B. Johnson aboard the presidential airplane.

Since the tenure of William Howard Taft, the office of chief justice has moved beyond just first among equals.[17] The chief justice also:

• Serves as the head of the federal judiciary.
• Serves as the head of the Judicial Conference of the United States, the chief administrative body of the United States federal courts. The Judicial Conference is empowered by the Rules Enabling Act to propose rules, which are then promulgated by the Supreme Court (subject to disapproval by Congress under the Congressional Review Act), to ensure the smooth operation of the federal courts. Major portions of the Federal Rules of Civil Procedure and Federal Rules of Evidence have been adopted by most state legislatures and are considered canonical by American law schools.
• Appoints sitting federal judges to the membership of the United States Foreign Intelligence Surveillance Court, a "secret court" which oversees requests for surveillance warrants by federal police agencies (primarily the FBI) against suspected foreign intelligence agents inside the United States. (see 50 U.S.C. § 1803).
• Appoints sitting federal judges to the membership of the United States Alien Terrorist Removal Court, a special court constituted to determine whether aliens should be deported from the United States on the grounds that they are terrorists.[18]
• Appoints the members of the Judicial Panel on Multidistrict Litigation, a special tribunal of seven sitting federal judges responsible for selecting the venue for coordinated pretrial proceedings in situations where multiple related federal actions have been filed in different judicial districts.
• Serves as an ex officio member of the Board of Regents and as the chancellor of the Smithsonian Institution.
• Supervises the acquisition of books for the Law Library of the Library of Congress.[19]

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. 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.

Under 28 U.S.C. § 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.[20] Currently, Clarence Thomas is the most senior associate justice.