
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
