http://www.concurringopinions.com/archives/2009/03/2009_judiciary_2.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.concurringopinions.com/archives/2009/03/2009_judiciary_2.html/comment-page-1#comment-44209 Howard Wasserman Wed, 04 Mar 2009 15:44:13 +0000 http://www.solove.org/archives/2009/03/2009-judiciary-act-part-three.html#comment-44209 The Constitution is silent as to the structure of the Supreme Court, including the design of the Chief position. It is left to Congress to determine how the Chiefship should be treated and who should select it and how. So, yes, Congress could design the Court so there are nine "judges" and they choose among themselves who will be Chief, for some term of years. Or it could be seniority and term of years, as with the lower courts. Ed Swaine and Todd Pettys both have written on the question of selecting the Chief. The Constitution is silent as to the structure of the Supreme Court, including the design of the Chief position. It is left to Congress to determine how the Chiefship should be treated and who should select it and how. So, yes, Congress could design the Court so there are nine “judges” and they choose among themselves who will be Chief, for some term of years. Or it could be seniority and term of years, as with the lower courts. Ed Swaine and Todd Pettys both have written on the question of selecting the Chief.

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