Effective Upon The Appointment of a Successor
Some have asked whether it is unusual for a nominee to say that her retirement will become effective upon the confirmation of a successor. The answer is no; that is standard practice for a retirement.
With her retirement effective on the confirmation of her successor, will Justice O’Connor still participate in the determination of what cases will be heard next term from the cert. petitions that come to the Court and are distributed after the Court’s recess of June 28,2005? Or does a Petitioner effectively have to obtain 4 of the 8 other justices in order to have cert. granted? Does a retiring justice only play a “back of the room” passive role in voting to hear cases which he or she will presumably not be actual hearing next term?
Comment by Ken — July 1, 2005 @ 1:46 pm
Effective on confirmation = no recess appointment?
Whet effective on the confirmation of my successor preclude a presidential recess appointmentDoes “effective on the confirmation of my successor” preclude a presidential recess appointment, should the successor be bogged down in the Senate? I read this…
Comment by The Jaded JD — July 1, 2005 @ 4:42 pm
Effective on confirmation = no recess appointment?
Does “effective on the confirmation of my successor” preclude a presidential recess appointment, should the successor be bogged down in the Senate? I read this to create a springing executory interest in Justice O’Connor’s seat: until he’s been confir…
Comment by The Jaded JD — July 1, 2005 @ 4:43 pm