[Sandy]

why fight twice for what can be had in one blow

Especially (God forbid) if we need a new CJ before the Court leaves for the summer. We don't need a double knock-down drag-out when there's cases that need to be heard.

What happens when a Justice leaves before cases are decided? Can a new Justice who wasn't around during oral arguments have a say on a decision? Or will we be stuck with a bunch of 4-4 decisions?

[mrsmith]

If this is what Bush is actually going to do, I imagine it is going to be a package deal and the other nominee will go up at the same time for approval.
Isn't that how it was done with Scalia and Rehnquist?

Personally I think an even number of justices would be a good way to keep them from causing trouble which mostly comes from the 5-4 decisions. Of course I wouldn't want that with the four nuts we have there now!