§ 3. — Vacancy in office of Chief Justice; disability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC3]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 1--SUPREME COURT
Sec. 3. Vacancy in office of Chief Justice; disability
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., Sec. 323 (Mar. 3, 1911, ch.
231, Sec. 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.
