The Chief Justice on Strike

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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3 Responses

  1. nidefatt says:

    Nope. Unless the rest of the Supreme Court interprets the Constitution to say so.

  2. Daniel says:

    I’m sure you’re aware of this, but Chief Justice Chase was unhappy about some of the Senate’s pre-trial actions. http://riceonhistory.wordpress.com/2012/01/01/salmon-chase-impeachment-letter/ has some photos of what was essentially Chase’s dissent from the Senate’s decision to draft rules of procedure and issue summonses before being organized as a court of impeachment under oath.

    I guess this is the closest we’ve come to your hypothetical being realized, but Chase decided it was “not my purpose to contest what [the Senate's] superior wisdom may have directed.”

  3. Scott Moss says:

    Interesting! At the least, I could see a novel about an elderly Chief Justice refusing to preside over the impeachment of a President s/he supports, or (more interestingly) over a particularly specious impeachment (e.g., a wholly political impeachment) — and thereby delaying that impeachment possibly indefinitely, at the risk of the CJ’s impeachment, followed by the President’s nomination of an unconfirmable new CJ:

    1) President impeached
    2) An elderly CJ refuses to preside, sacrificing his/her job to create the possibly indefinite delay detailed below
    3) Other Justices refuse to deem themselves “Acting Chief Justice” capable of presiding
    4) Senate takes months to impeach Chief Justice
    5) President nominates new CJ politically unpalatable to Senate (e.g., Romney appointing John Yoo, Obama nominating Duncan Kennedy), assuring no confirmation of a new CJ able to preside….