There is one case scheduled to be argued later today at 10:00 am. Chief Justice Roberts may not be fit to preside if the Senate pulls an all nighter.
That would leave Associate Justice Clarence Thomas to preside, as he is the senior Associate Justice.
I don’t like this abuse of the Chief Justice by the Senate, forcing him to stay up all night to preside over a partisan ******* contest.
It is bad enough that his time is being wasted this way, that being a defect of the Constitution. The Chief Justice should be able to designate any Article III Judge to preside, rather than to have to waste his own valuable time.
But it is worse that this might cause him to miss an oral argument or compromise his duties with the Supreme Court.
A short amendment such as that below would ensure that if time is wasted, at least time less important that the Chief Justice’s is wasted.
When the President of the United States is tried in the Senate upon impeachment, the Chief Justice of the United States shall designate a presiding officer or officers from among the Judges of the United States serving under Article III. The Chief Justice, if designating multiple Judges to preside, shall schedule such Judges by day and time.