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This whole “every two years” new justice thing is really bothering me. Did he say that or is the journalist taking liberties?
I wonder because that timing will fly straight out the window the minute someone retires early or dies. Does the next Justice get a shorter term? A longer one? Does the seat go empty for a time? Do we end up having cycles of presidencies that get to appoint 3 or 4 justices in one term?
Bah- this will keep me up tonight, I just know it.
Not sure what the solution would be that is proposed by the legal experts but it seems to me that we already have a system for dealing with that for the office of the president in the form of vice presidents etc taking over if they die. Not that you should have to have an entire chain of people ready to take over for every SC justice but rather, if one dies or retires or whatever before their 18 years is up then a replacement can be appointed to finish the remainder of their term.
I don't even know why we need specific appointments for the seats. Just rotate judges from the lower courts through.