<P> Three incumbent associate justices have been nominated by the president and confirmed by the Senate as chief justice : Edward Douglass White in 1910 , Harlan Fiske Stone in 1941 , and William Rehnquist in 1986 . A fourth , Abe Fortas , was nominated to the position in 1968 , but was not confirmed . As an associate justice does not have to resign his or her seat on the Court in order to be nominated as chief justice , Fortas remained an associate justice . Similarly , when associate justice William Cushing was nominated and confirmed as chief justice in January 1796 , but declined the office , he too remained on the Court . Two former associate justices subsequently returned to service on the Court as chief justice . John Rutledge was the first . President Washington gave him a recess appointment in 1795 . However , his subsequent nomination to the office was not confirmed by the Senate , and he left office and the Court . In 1933 , former associate justice Charles Evans Hughes was confirmed as chief justice . Additionally , in December 1800 , former chief justice John Jay was nominated and confirmed to the position a second time , but ultimately declined it ; opening the way for the appointment of John Marshall . </P>
who appoints the chief justice of the supreme court
nominated by the president confirmed by the Senate