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The chief justice should share much of his power

scotusblog.com · 2h · first reportShare

This is the fourth piece in a series on what I believe the court can, and should, do better. *** Under longstanding tradition, the chief justice presides over oral argument and the justices’ private conferences. I propose a change. The chief justice should delegate these presiding duties to his colleagues. Doing so would promote trust among the justices and allow for the experimentation of different leadership styles. Let’s start by clearing the brush. This proposal is constitutional. Any limits on the chief justice’s ability to delegate his power come from tradition and not the Constitution. Article I of the Constitution assigns specific powers to the House and to the Senate, and to both Houses acting together. The Constitution refers to the presiding officers of those bodies – the speaker of the House and the Senate president pro tempore – but allows each House to define their powers. Article II of the Constitution assigns specific powers to the president as the unitary executive. By