On June 18, 2020, U.S. President Donald Trump, in response to two major legal setbacks before the Supreme Court, promised to release an updated slate of conservative candidates to serve as Justices should a vacancy arrive during the remainder of his current term or, a second term, if he is reelected in November 2020. Conservative commentators have been especially critical of Chief Justice John Robert’s role in the recent decisions—specifically, the Roberts-authored 5-4 opinion in the case involving the Trump Administration’s effort to end the Obama-era Deferred Action for Childhood Arrivals (DACA) program. The President’s rallying call to the Republican base concerning Supreme Court justice nominations generated a question that host and lawyer Michael Buckner attempts to answer during the episode: Does Trump, or any U.S. President, possess the legal right to demote an incumbent Chief Justice to Associate Justice, and to appoint a new Chief Justice?

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Citations:

Eric Bradner, “In repeat of 2016 strategy, Trump pledges new list of justices after two stinging Supreme Court losses,” CNN (June 18, 2020), available at: https://www.cnn.com/2020/06/18/politics/2020-election-trump-list-supreme-court/index.html.

"FAQs - General Information," U.S. Supreme Court website, https://www.supremecourt.gov/about/faq_general.aspx.

Judiciary Act of 1789.

Judiciary Act of 1869.

Pettys, Todd E., Choosing a Chief Justice: Presidential Prerogative Or a Job for the Court? Journal of Law & Politics, Vol. 22, p. 231, 2006; University of Iowa Legal Studies Research Paper No. 07-03, available at SSRN: https://ssrn.com/abstract=958829.

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