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Originally Posted by OntheRail
Seems old Breyer wants his cake and to eat it as well.
Breyer has stated he will not step down till the nomination has been confirmed. How can a nomination be put up if no vacancy is available. Can't have both ways.. At this time the Courts number is set at 9. If Joe nominates and the senate confirmed that would put the court at 10. Now seeing as it's up to the Judge to step down as he can't be removed other then impeached. What is to stop him from having a change of heart. Leaving the court at an even 10... can't have that need to now make it 11.
Until Breyer vacates the chair... there is no reason to nominate.
Some of you may say that is farfetched... I say it's in the realm of Democrat sleaziness we know they have a fever for packing the court this could open the way.
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There is no reason a justice can’t be nominated and confirmed while the sitting justice is still on the bench. That would be like saying we can’t have a Presidential election in November because the current president is in office until Jan. 20.