Today in Supreme Court History: August 12, 1795

8/12/1795: Chief Justice John Rutledge takes judicial oath.

Chief Justice John Rutledge

 

Comments

[Dan Schiavetta]

Chrysafis v. Marks, 141 S.Ct. 2482 (decided August 12, 2021): Court stays New York’s Covid eviction moratorium statute; holds that landlords must be given chance to challenge tenants’ self-certification of hardship (issue became moot three weeks later when statute was revised to allow challenge)

[SMP0328]

It wasn't moot. The law was revised only because of the decision and the revision would have been repealed if the decision was vacated or overruled.

[Dan Schiavetta]

Yes, that is probably a more correct way to put it.

[JoeFromtheBronx]

Today’s case was decided 6-3 with Breyer dissenting for the liberals.

https://www.scotusblog.com/case-files/cases/chrysafis-v-marks/

Chief Justice Rutledge was a recess appointment. The Senate ultimately rejected his nomination, largely based on his opposition to the Jay’s Treaty. He also had mental health issues.

He resigned & Oliver Ellsworth was soon confirmed as CJ.

https://substack.com/inbox/post/147596107

[JoeFromtheBronx]

Justices take two oaths -- judicial and constitutional.

"John Rutledge – Under a temporary recess appointment from President George Washington, Rutledge took both oaths in open court on August 12, 1795, at City Hall in Philadelphia, Pennsylvania. He was not subsequently confirmed by the Senate."

https://www.supremecourt.gov/about/oath/oathsofthechiefjustices.aspx