TY Baker!!! Nice Get!
>>5179657 (lb)
>>5179830 (lb)
Scenario 1:
Woops! RBG is dead. Sorry guise! Noel Francisco pushing it to SCOTUS won't work!
Answer:
Justice Kennedy retired under good behavior. Can return to emergency vote:
https://www.law.cornell.edu/uscode/text/28/371
(1) Any justice or judge of the United States appointed to hold office during good behavior may retain the office but retire from regular active service after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) of this section and shall, during the remainder of his or her lifetime, continue to receive the salary of the office if he or she meets the requirements of subsection (e).
SCOTUS is a LIFETIME APPOINTMENT
Scenario 2:
Looks like Roberts just recused himself!!! 4-4, you fucking conservatives!
Oh, ain't that a bitch:
Disability or vacancy
Under 28 U.S.C. § 3, when the chief justice is unable to discharge his functions, or when that office is vacant, the chief justice's duties are carried out by the most senior associate justice until the disability or vacancy ends.[4] Currently, since August 2018, Clarence Thomas is the most senior associate justice.
So, Clarence Thomas appoints Kennedy to be a swing vote; swinging right, of course.