[foreverfree]

It makes for a vacancy on the court - same as if he resigns... one opening for a assoc. justice; and another opening amongst the 8 for Chief Justice.

Wasn't Warren Burger a circuit judge when Nixon tapped him to replace Earl Warren?

ff

[DCBill]

Yes--and Earl Warren before him was Governor of California (either when appointed or just before.) So, 2 of the last 3 CJ's were from outside the court. (Sorry, my knowledge doesn't go further back!)

[alancarp]

Don't recall -- but yes, a President could nominate anybody for chief justice. More typically, I believe it would be a current court member. How 'bout Robert Bork? :D