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Theoretically, the President is forced to wait until there is a vacancy on the Court; however, some past Presidents have asked seated justices to resign or retire; some have strong-armed justices into resigning or retiring; and one (Jefferson) encouraged the House of Representatives to bring Articles of Impeachment against a justice (Samuel Chase, 1804, acquitted by Senate).

President Franklin Roosevelt drafted legislation designed to expand the Court from nine to a maximum of fifteen justices in order to accomplish that goal, but the Senate voted against the President's court-packing proposal.

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Q: What if a President wants to appoint a US Supreme Court justice but there are already nine justices seated?
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Related questions

Who has the power the appoint supreme court justices?

the president


Who has the power to nominate supreme court justice?

The power to appoint Supreme Court justices belongs exclusively to the President of the United States.


How many supreme court justices must a president appoint during a four year term in office?

A president is not required to appoint any justices and may, in fact, not have an opportunity to do so. Justices serve for life, so presidents have to wait for a vacancy to arise through retirement or death.A president is not required to appoint any Supreme Court justices, unless there is a vacancy. The Supreme Court of the United States was created in 1789.


Who has the power to appoint a new supreme court justice?

The President appoints new supreme court justices.


Which US President appointed the fewest Supreme Court justices?

Jimmy Carter and William Henry Harrison did not appoint any Supreme Court Justices.


Is this true or false The President can appoint a Supreme Court Justice with Senate approval?

True- such is how Supreme Court Justices are chosen.


Which president appointed the most Supreme Court justices?

George Washington had the opportunity to appoint the most Justices of the Supreme Court. He appointed 11, out of the 14 he nominated.


The President is allowed the appoint US Supreme Court justices but who has to give their consent for the nominations to be approved?

The Senate


What power does president have over the supreme court?

He can appoint Justices, but they have to be approved by congress.


Which person in the executed branch has the power to appoint justices to the Supreme Court?

No one directly appoints Supreme Court Justices. The president nominates candidates, and the senate accepts or rejects the nominees. So the president indirectly appoints justices, pending senate approval.


Does the Judicial branch appoint judges to the supreme court?

No. The Executive Branch appoints US Supreme Court justices with the approval of the Senate.


Is there a limit to the number of US Supreme Court justices one President can appoint?

No. It only depends on how many supreme court justices leave office during the Presidents term. For example, if all of them died and/or decided to retire, the president would have the opportunity to appoint the entire bench.