The Chief Justice of the United States: Responsibilities of the Office and Process for Appointment

Publication Date: March 2005

Publisher: Library of Congress. Congressional Research Service

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Research Area: Justice

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Abstract:

The lifetime appointment of the Chief Justice of the United States is an event of major significance in American politics because of the enormous power that the Supreme Court exercises as the highest appellate court in the federal judiciary. The Chief Justice, like each of the Court's other eight Justices, casts one vote when the Court rules on cases. However, the Chief Justice is also "first among equals" and exercises a unique leadership role as the presiding officer of the Court, as the manager of the Court's overall operations, and as head of the federal judicial branch of government. There is no formal list of qualifications for the job; the Constitution's only mention of the Chief Justice is as presiding officer of the Senate during an impeachment trial of the President. Chief Justice appointments occur infrequently, with only 16 individuals having served in that position since 1789 -- an average tenure of 13� years per Chief Justice.

The process for appointing a Chief Justice is the same as for appointing Associate Justices and typically involves a sharing of responsibilities between the President, who nominates the Justices, and the Senate, which provides "advice and consent." (Exceptions to this have been rare instances when the President has made temporary "recess appointments" to the Court, which do not require the Senate's approval.) Vacancies on the Court can occur as a result of death, retirement, or resignation of a Justice. Chief Justice nominees may be selected from the ranks of sitting Associate Justices (as three of the 16 Chief Justices were) or from outside the Court, with each approach, from the perspective of the President, having certain advantages and disadvantages. The criteria that Presidents use in selecting a Supreme Court nominee vary, but typically involve policy and political considerations as well as a desire to select a person with outstanding professional qualifications and unquestioned integrity. Leadership qualities may also be important when the Chief Justice position is involved. Presidents have also varied in the degree to which they have sought or used advice from Senators in selecting Supreme Court nominees.

As part of Senate consideration, the Judiciary Committee holds hearings on the nominee and votes on whether to report the nomination favorably, unfavorably, or without recommendation. Regardless of the outcome of that vote, the reporting of a Supreme Court nomination sends it to the full Senate for debate and a vote. Like the President, Senators may evaluate the nominee by such standards as professional excellence, integrity, and leadership qualities, but may also (again, as the President is free to do) focus on the nominee's judicial philosophy, views on constitutional issues, or how they believe the appointment might affect the Court's future direction on major legal and constitutional issues.

Under any circumstances, the appointment of a new Chief Justice will command the attention of Congress, especially the Senate, which votes on whether to confirm judicial nominations. Even more attention could be expected concerning such an event in the current political environment, in light of the controversy that has recently surrounded the judicial appointment process and the importance the President and Senators of both parties have attached to upcoming Supreme Court appointments.