Can a SCOTUS justice retire pending confirmation of replacement? (user search)
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  Can a SCOTUS justice retire pending confirmation of replacement? (search mode)
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Author Topic: Can a SCOTUS justice retire pending confirmation of replacement?  (Read 643 times)
Okay, maybe Mike Johnson is a competent parliamentarian.
Nathan
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« on: November 30, 2020, 04:05:42 PM »

As already stated, yes. Earl Warren actually wanted to retire in 1968. Lyndon Johnson nominated Abe Fortas to be his successor as Chief Justice, whom he appointed in 1965. At the same time, the president nominated Homer Thornberry to replace Fortas as Associate justice. But the senate didn't move on the nomination (I think Fortas had some issues, and he actually resigned from the court in 1969). As a consequence, Fortas withdrew and Warren stayed on until 1969, when Richard Nixon nominated Warren E. Burger to be the new Chief Justice, who was ultimately confirmed and seated on the bench.

Fortas accepted exorbitant speaking fees, had to recuse himself in a case involving someone he'd tried to secure a pardon for from LBJ, and gave political advice to LBJ while serving on the Court. All of which seems quaint compared to the level of inside dealing that's become normalized today, of course.
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