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The answer depends on the political ideology of the President and Congress (mostly the President, though) in office at the time the vacancy occurs. If a conservative judge leaves the Court during a progressive administration, the conservative justice will most likely be replaced by a liberal justice. If the conservative leaves the court during a conservative administration, he or she is likely to be replaced by another conservative.

As described in the US Constitution, the President nominates new justices with the "advice and consent" of the Senate, which investigates the nominee's background and position on important issues, then votes whether to confirm or reject the candidate. While this does occasionally happen, most justices are confirmed.

President Obama recently replaced Justice David H. Souter, a liberal who retired in June 2009, with Justice Sonia Sotomayor, who is purported to be a centrist.

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Whomever the president appoints and Congress confirms.

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13y ago
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12y ago

whomever the president appoints and Congress confirms.

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Q: A conservative judge leaving the Supreme Court will always be replaced with?
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