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The President of the United States nominates someone to fill the vacancy; the Senate Judiciary Committee conducts a hearing; and the full Senate votes on whether to confirm the nominee and appoint him or her to the vacancy. If the candidate receives a simple majority of votes (51), that person will be commissioned.

If the "open seat" belongs to one of the Associate Justices, everyone below the vacant seat moves up one position in order of seniority, and the new justices occupies the last place on the bench. For example, when Justice John Paul Stevens, who is the Senior Associate (#2 justice) retires, Justice Antonin Scalia will move up from seat 3 to seat 2, and become the new Senior Associate. Everyone below Justice Scalia will also move up one seat. The new justice will sit in the 9th seat, which Justice Sotomayor currently occupies.

For more information, see Related Questions, below.

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Q: When a US Supreme Court justice retires who gets the vacant seat?
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Who nominates a replacement when a US Supreme Court justice retires?

The President of the United States nominates a new Supreme Court justice with the advice and consent of the Senate, following the same procedure as they would when filling any other Supreme Court vacancy. The only difference is that sitting Associate Justices are eligible to be elevated to Chief Justice, if the Chief Justice position is vacant and the Senate approves.


When is a justice appointed to the US Supreme Court?

When a vacancy occurs because a sitting justice retires, resigns, dies or is impeached and convicted.Only one US Supreme Court justice, Samuel Chase, has ever been impeached, but he was acquitted at trial.


At present there are nine associate on the supreme court?

No - as currently composed, the US Supreme Court has 1 Chief Justice and 8 Associate Justices - with one of those Associate Justice positions vacant as of January 2017.


At present are there nine Associate Justices on the Supreme Court?

No - as currently composed, the US Supreme Court has 1 Chief Justice and 8 Associate Justices - with one of those Associate Justice positions vacant as of January 2017.


Who was chief justice of the supreme court in 1800s?

Third Chief Justice Oliver Ellsworth presided over the US Supreme Court from March 1796 until his resignation in September 1800. The seat remained vacant until Ellsworth was succeeded by Chief Justice John Marshall in February 1801.


What is an Associate Justice on the US Supreme Court?

Associate Justice is the formal title for any US Supreme Court justice who is not the Chief Justice. There are eight Associate Justices and one Chief Justice on the Supreme Court.


What were thurgood marshalls careers?

Thurgood Marshall's careers were an attorney and A Supreme Court Justice .


Who is the highest judge of the US Supreme Court?

The Chief Justice presides over the US Supreme Court. At present, the Chief Justice of the US Supreme Court is John G. Roberts, Jr.


Does the Supreme Court affect the selection of a new justice?

They may have some feedback or thoughts for the president, but they have no say in the matter whatsoever. The president and the president alone nominates people for vacant supreme court seats, and then the senate approves or rejects the nominee.


Does the Chief Justice of the Supreme Court lead the Court?

Yes. The Chief Justice leads or "presides over" the Supreme Court.


Who was the only supreme court justice to be impeached?

Samuel Chase was the only supreme court justice to be impeached.


What kind of judges does the supreme court have?

They are called supreme court justice