I don't think there will be another Supreme Court during Biden's presidency, at least this term.
Sotomayor and Kagan were both just appointed by Obama, and relatively young.
Maybe somebody will say Robert could retire under a Biden 2nd term, but I really really doubt that.
Any other opening would be an unexpected death.
Sotomayor's health isn't great; she's diabetic, and COVID-skittish to a point that some say smacks of hypochondria. An early retirement is not out of the question, although we obviously shouldn't bank on it either.
Diabetes isn't a death sentence, many Americans have it and it can be very manageable. And the pandemic is winding down.
If there's a chance for Biden to elevate an existing justice to the Chief position, he'd go with Kagan.
I agree with that, but it almost seems to be excessively conventional wisdom at this point. But then again, the last Democrat to appoint the Chief Justice was Truman.
Tamika Montgomery-Reeves was just nominated to the 3rd Circuit from the Delaware Supreme Court. I'd been wondering what was taking so long for the DE seat to be filled.
I could definitely see Alison Nathan. Don't underestimate an LGBT nominee for the next vacancy.
Is there any true difference in power between Chief Justice and Associate Justice, besides some ceremonial duties?