Since there is less than a month until the SC starts up again and since O'Conner's resignation is not effective until her replacement is sworn in, why not let Robert's fill Rhenquist's seat and ask O'Conner to stay on until another nominee is confirmed? This way we will have a full 9 member court on opening day. In the meantime, a justice such as Scalia can be elevated to Chief Justice or the court can function a while without a CJ.
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Since there is less than a month until the SC starts up again and since O'Conner's resignation is not effective until her replacement is sworn in, why not let Robert's fill Rhenquist's seat and ask O'Conner to stay on until another nominee is confirmed? This way we will have a full 9 member court on opening day. In the meantime, a justice such as Scalia can be elevated to Chief Justice or the court can function a while without a CJ.