of the United States Supreme Court
The court has long followed a custom of rotating the chief justiceship
to the next most senior member who has not yet held the post.
As David Garrow wrote in a 1996 profile, "his colleagues were unanimously pleased and supportive" when Rehnquist was being considered for the Chief Justiceship
. A lawyer who interviewed people in the Court found the prospect of Rehnquist's elevation was met with "genuine enthusiasm on the part of not only his colleagues on the Court but others who served the Court in a staff capacity and some of the relatively lowly paid individuals at the Court.
Press 2004); Earl Maltz, The Chief Justiceship
of Warren Burger 18-23 (U.
By the 1930s, California was employing governmental interest analysis in interstate conflicts cases without fanfare, decades before the important chief justiceship
there of Roger Traynor.
(2) However, Latham did not treat the chief justiceship
as a sinecure.
Ely, Jr., The Guardian of Every Other Right: A Constitutional History of Property Rights (1992), The Chief Justiceship
of Melville W.
accept any place by the Chief Justiceship
." (51) Prior to Chief
The analysis that follows is drawn from a data-base consisting of every judicial citation in the published reasons of the SCC since January l, 2000, a period which coincides with the McLachlin Chief Justiceship
. What is being counted is the number of times that a set of reasons included at least one reference to a specific case: if both majority and minority cite the same case, both citations are counted; but if a directly relevant case is cited or quoted several times within a single set of reasons (as sometimes happens) it is only counted once.
Indeed, it was the Federalists, not the Republicans, who "pressed Adams for a full week to withdraw Marshall's name" from consideration for the Chief Justiceship
. (43) Marshall also helped Adams steer the nation away from war with France during the summer of 1798, saying to a hawkish committee of New Jersey militia that "all honorable means of avoiding war should be essayed before the sword be appealed to." (44) Despite Marshall's earlier restraint, partisan conflict over the scope of judicial authority became unavoidable with the Court's landmark 1803 decision in Marbury v.
(161) Roosevelt expressed his frustration with Holmes and Day when announcing his third Supreme Court appointment (William Moody) in 1906: "I have been to bat three times on the Supreme Court justiceship
business, and have struck out twice." (162) This might have been not only a slap at his first two appointments but also a salute of sorts to Moody's longstanding interest and involvement in baseball.