When John Roberts Jr. is described as the nominee to be the 17th chief justice of the United States, professor Ross Davies just chuckles. That isn't a comment on Roberts or his qualifications. What amuses Davies is that he is quite sure that Roberts, if confirmed, will be the 18th chief justice, not the 17th. In a law review article, Davies makes a forceful argument that William Cushing, an associate justice appointed by President George Washington, served as chief justice for two days in February 1796.
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The Chief Justice Who Wasn't There
Legal Times
September 21, 2005
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