§ 3. Vacancy in office of Chief Justice; disability

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Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified.

(June 25, 1948, ch. 646, 62 Stat. 869.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 323 (Mar. 3, 1911, ch. 231, § 217, 36 Stat. 1152).

The sentence, “This provision shall apply to every Associate Justice who succeeds to the office of Chief Justice”, was omitted as covered by last portion of revised section.

Minor changes were made in phraseology.

For seniority of commissions, see section 4 of this title.

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Precedence of associate justices
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June 25, 1948, ch. 646
62 Stat. 869
Mar. 3, 1911, ch. 231, § 217
36 Stat. 1152

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§ 3

Vacancy in office of Chief Justice; disability

Stat.×2

U.S.C.×2

U.S.C.§ 4

ActJune 25, 1948, ch. 646

Stat.62 Stat. 869

ActMar. 3, 1911, ch. 231, § 217

Stat.36 Stat. 1152

Cites 5Cited by 4 across 2 sources