First, I don't think that would do it. There would be a quick succession of power to appoint a new Chief Justice.
Second, I don't agree with your suggestion on any level because it sounds like you are wishing harm on someone. Though it's popular around here, not my jam.
Finally, I don't get off on fantasizing about finding a loophole in the constitution that is somehow going to stop the reality that Biden is going to be inaugurated in less than 48 hours.
LBJ was sworn in as President aboard AF1 by a federal judge (Sarah Hughes) from the North District of Texas. Extreme circumstances for sure but they were on their way to Washington D.C. and Chief Justice would have been available.
To appoint a new Chief Justice, they would need to be confirmed by congress, perhaps nominated by the President? Not sure on the required legal/constitutional procedures. But that would require that the existing Chief Justice is no longer the Chief Justice. To be clear here, I am not implying any sort of violence against anyone, just that there must be some course of events that would lead to that scenario happening. Supreme Court judges, as far as I know, cannot just be replaced at whim.
What I was trying to point out is that if the Oath of Office must be administered by the Chief Justice of the Supreme Court, then any inauguration would need to occur in the same location as the Chief Justice of the Supreme Court. What will actually happen is not something that is known to me, and I'm not making any predictions. Just putting out some thoughts in this strange time.
Fair enough.
(post is archived)