Seniority in the U.S. Supreme Court
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  Seniority in the U.S. Supreme Court
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Author Topic: Seniority in the U.S. Supreme Court  (Read 997 times)
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Kalwejt
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« on: July 12, 2014, 10:01:23 AM »

We all know that seniority among the Associate Justices is being determined by the time one joined the court. However, how is seniority determined when more than one Justice takes office at the same day?

Most recently we've had Lewis F. Powell, Jr. and William Rehnquist, confirmed and sworn-in at the same day in 1972. Rehnquist became the junior Associate Justice. Was that because Powell was older, or there were other factors in play?
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Lincoln Republican
Winfield
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« Reply #1 on: July 12, 2014, 02:26:09 PM »
« Edited: July 12, 2014, 02:40:08 PM by Lincoln Republican »

I would say the reason was that Powell was likely sworn in before Rehnquist on that day.

I would also say that age would have nothing to do with seniority, but simply a matter of which one is sworn in first.

Now, perhaps due to the fact that  Powell was older than Rehnquist, may have been the reason Powell was the first to be sworn in, nevertheless, Powell would have seniority over Rehnquist because he was likely sworn in first.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #2 on: July 13, 2014, 01:22:37 AM »

We all know that seniority among the Associate Justices is being determined by the time one joined the court. However, how is seniority determined when more than one Justice takes office at the same day?

Most recently we've had Lewis F. Powell, Jr. and William Rehnquist, confirmed and sworn-in at the same day in 1972. Rehnquist became the junior Associate Justice. Was that because Powell was older, or there were other factors in play?

While Powell and Rehnquist were nominated at the same time and they first sat on the court at the same time they were not confirmed on the same day.  Powell was confirmed by the Senate three days before Rhenquist was, and judging by other cases where multiple justices were nominated jointly, it does appear that the order of Senate confirmation is the determining characteristic.
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MASHED POTATOES. VOTE!
Kalwejt
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« Reply #3 on: July 13, 2014, 08:50:15 AM »

Thanks, guys Smiley
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