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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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---
type: "LegalText"
title: "28 U.S.C. § 3"
description: "Vacancy in office of Chief Justice; disability"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
chapter_number: "1"
chapter_name: "SUPREME COURT"
section: "3"
citation: "28 U.S.C. § 3"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip"
source_identifier: "/us/usc/t28/s3"
source_file: "data/legal/raw/us/code/title-28/usc28.xml"
source_hash: "ed62eea1702036e360b4f10099b3d3b312de5ca10661f0955bfd4e8906fca1b1"
raw_snapshot_hash: "3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf"
text_hash: "17793baa7e77901dfd5719fc84b1dd2da0bd2394ab713aac164a0e8ee57abb93"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 28 U.S.C. § 3 - Vacancy in office of Chief Justice; disability
## Text
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.)
## Notes
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 323 (Mar. 3, 1911, ch. 231, § 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.