Potential Twist: Breyer Wants Supreme Court Successor Confirmed Before Retirement Takes Effect

[IsailedawayfromFR]

What I meant was that I see no impediment to his replacement being nominated and confirmed prior to the time that he in fact leaves the bench.  The replacement would not, of course, assume any judicial duties until that time, but the Constitution does not appear to require that the seat in fact be vacant prior to the time the president nominates a replacement, or prior to the time the Senate holds a confirmation vote.

So you are saying that a President and a Senate of the same party that has the votes can line up say, 15 nominations and confirmations for the next SC positions so they can be tucked away and used when positions are available?

I think not.  That would be wrecking the Constitution and the principles upon which it was written.

[Elderberry]

If a Supreme Court Nominee is confirmed Before Breyer Retires, then at that point we have Ten Supreme Court Justices. Now after this point, when Breyer retires  another nominee would be required to replace him and we would continue to have Ten Justices.

[Smokin Joe]

If a Supreme Court Nominee is confirmed Before Breyer Retires, then at that point we have Ten Supreme Court Justices. Now after this point, when Breyer retires  another nominee would be required to replace him and we would continue to have Ten Justices.

Yep, and contrary to the law.

It's back door court packing.