SAVE THE SUPREME COURT — SAVE WOMEN'S LIVES Appointing the Leader: Why the Chief Justice is So Important In this time of potential flux in the Supreme Court, it is essential to fully understand the key position of the Chief Justice of the United States. While the Chief Justice's vote has the same weight as any associate justice's vote, the role of Chief Justice can have a large influence on the Court and the nation. The position of Chief Justice of the highest court in the land also brings with it a significant symbolic importance. Thus, it is crucial that the Senate thoroughly scrutinize the record of any nominee for the position of Chief Justice.

What Is Role Of The Chief Justice?

So what exactly is the role of the Chief Justice? In addition to being the highest position in the judiciary (hence the name "Chief Justice of the United States," not just of the Supreme Court), the role of Chief Justice brings with it many perks and benefits.

• In order for an appealed case to go before the Supreme Court, the lawyer must petition the court (petition for certiorari) and the Court must agree to hear the case. The Chief Justice sets the agenda for the weekly meetings where the justices review the petitions for certiorari and decide whether to hear or deny each case. Any case that is not on the agenda will never be heard by the Court. Associate justices may add cases to the agenda, which is crucial if the Chief Justice chooses to exclude important cases.

• After hearing a case, the Court votes on the outcome of that case. If the Chief Justice is in the majority, s/he has the power to decide which Justice writes the opinion of the Court or may choose to write it personally. This power can be used to punish associate justices who voted to grant certiorari for tedious or difficult cases.

• The Chief Justice controls the gavel in the courtroom.

• The Chief Justice alone presides over presidential impeachment hearings.

• The Chief Justice appoints the administrative positions of the Court and certain boards throughout the federal judiciary.

• The Chief Justice speaks first at the justices' private conferences.

Why Does It Matter Who Is Appointed Next?

The President, with the "advice and consent" of the Senate, appoints the Chief Justice of the United States. President Bush has commented that Justices Antonin Scalia and Clarence Thomas are his "most admired" Supreme Court justices, making them possible choices for elevation to Chief Justice. While some argue that appointing either of these men to the position of Chief Justice would not change the Court because the current Chief Justice is conservative, both Scalia and Thomas are far more extreme than Rehnquist - and they are much younger, which would allow them to effectively extend the Rehnquist Court for another 20 years.

Scalia and Thomas have deplorable records on equal protection, reproductive rights, the right to privacy, sexual harassment and affirmative action. Additionally, neither puts much stock in the doctrine of stare decisis, the principle that previous Court rulings set a precedent and are binding upon future courts absent extraordinary circumstances. Without stare decisis, we could not dependsimilar cases could have radically different outcomes. This approach would be extremely detrimental to many issues that are important to women.

To find out more about the importance of the Chief Justice, visit the following sources:

Independent Judiciary: Appointing a Chief Justice

National Women's Law Center: Why a Nominee to the Uniquely Important Position of Chief Justice Requires Special Scrutiny (PDF File)

National Women's Law Center: Appointing a Chief Justice in the Mold of Scalia or Thomas Would Make the Supreme Court More Extreme and More Hostile to Women's Rights (PDF File)