Can a United States Supreme Court Chief Justice resign only their Chiefhood and automatically become an Associate Justice, or do they have to resign the Court entirely? Does it make a difference whether they were elevated from Associate Justice versus being elevated from outside the Court directly to Chief Justice (like Chief Justice Roberts)?
I ask because Roberts is rather a flop as Chief Justice. He has the judicial reliability of gas station sushi. Will he uphold the rule of law, or will he imagine a third path ruling out of whole cloth? Who knows?
I would much more trust one of Trump's nominees in the blind than continue to rely on Roberts to keep the helm. And with RBG playing phone tag with the Grim Reaper in order to stay one step ahead of the eternal dirt nap, if there were a way to see Roberts scale back to an Associate Justiceship, and allow Barret to be elevated directly to Chief Justice, it would be a win all around.
Just curious.
Can a Chief Justice become an Associate Justice?
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