The Chief
Justiceship of William Howard Taft, 1921-1930
Casto, The Supreme Court in the Early Republic: The Chief
Justiceships of John Jay and Oliver Ellsworth 51-52 (1995); Wythe Holt, "To Establish Justice": Politics, the Judiciary Act of 1789, and the Invention of the Federal Courts, 1989 Duke L.J.
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.
These included
justiceships with the Troy Police Court, Rensselaer Family Court in 1985, New York State Supreme Court in 1991, and an appointment as an administrative judge for the Third Judicial District in 1994.
CASTO, THE SUPREME COURT IN THE EARLY REPUBLIC: THE CHIEF
JUSTICESHIPS OF JOHN JAY AND OLIVER ELLSWORTH 89-90, 174-83 (1995); Natalie Wexler, In the Beginning: The First Three Chief Justices, 154 U.
This paper will examine the practice of separate concurrence in the modern Supreme Court of Canada, which I will take as including the Chief
Justiceships of Dickson, Lamer, and McLachlin.
(55) It had provided an effective root-and-branch argument in 1641, for to take away all of the bishops' "secular" powers entailed not simply the forbidding them civil offices such as seats in Parliament and
justiceships of the peace but also the removal of those coercive powers and physical punishments that they had wielded as part of their ostensibly "spiritual" functions.
(194.) On the Court's activities under the chief
justiceships of Warren Burger and William Rehnquist, see generally Gerhardt, supra note 139.
Casto, The Supreme Court in the Early Republic: The Chief
Justiceships of John Jay and Oliver Ellsworth 222-38 (1995) (detailing the methods of constitutional interpretation employed by the early Court).
Amendment 5 has three parts: 1) to allow the Legislature to repeal rules of court procedure by a simple majority vote rather than the stricter two-thirds "of the membership" threshold now in place, and allow for similar relaxed repeal of Judicial Nominating Commission and Judicial Qualifications Commission rules by simple majority vote of legislators present versus a stricter majority "of the membership"; 2) require Senate confirmation of nominees for Supreme Court
justiceships; and 3) expand legislative access to files of the JQC.