Title 28, Judiciary and Judicial ProcedureRelease 119-102
§3 Vacancy in Office of Chief Justice; Disability
Title 28 › PART I — ORGANIZATION OF COURTS › CHAPTER 1 — SUPREME COURT › § 3
Summary
When the Chief Justice can't serve, the next eligible associate justice must act until a new Chief qualifies.
Full Legal Text
Title 28, §3
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
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.
Reference
Citations & Metadata
Citation
28 U.S.C. § 3
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102