already confirmed....is this a first? (replacement confirmed prior to resignation) As far as I know it is.
If Breyer had not resigned (and say died under the next President) would the confirmation still be valid?
He already resigned, his replacement has been confirmed, this just finalizes the effective date. I assume he wanted to make sure all pending decisions were released before he finalized the date.
Not a first.
For example, O’Connor announced her retirement on July 1, but noted that it wouldn’t be effective until the nomination and confirmation of a successor.
Alito thus joined the Court mid-term.
“is this a first? (replacement confirmed prior to resignation)”
I don’t know, but I’m sure they did it this way to avoid another fiasco like when Ginsburg wouldn’t retire and Trump ended up getting to nominate her successor.
It has been common for a Justice to submit his intention to retire with the actual date ‘pending confirmation of a successor’.
It has happened more often in the last century simply because people are living longer.
If Breyer had not resigned (and say died under the next President) would the confirmation still be valid?
Yes it is a first, and unconstitutional in my opinion, since the Senate confirmed a nominee for a position that wasn't vacant at the time of confirmation.
And if it is constitutional, then when the Republicans get the Senate and the White House, they should line up replacements for EVERY SINGLE JUSTICE and confirm them immediately. Hell, line up 20 candidates for the next 20 SCOTUS vacancies.
If Breyer had not resigned (and say died under the next President) would the confirmation still be valid?
I would think not as a succeeding president can not be bound by a prior president’s nomination when the nominee is not sworn in.
>>If Breyer had not resigned (and say died under the next President) would the confirmation still be valid?<<
A case could be made that, after the mid-terms, if the Senate changed hands, that the new Senate could rescind the confirmation. This may be the reason for the timing. The Supreme court just finished their 2021-22 term.