Supreme Court vacancy

[JoeRedskin]

Originally Posted by CRedskinsRule

How is it wrong for a sitting president to ask a resigning Justice who he would favor for his replacement?

I don't know of any rule or ethical requirement that would prohibit such a conversation. I believe, however, that justices are supposed to remain removed from the selection process in order to preserve the court's impartiality in the country's political process. Separation of powers and all that.

(Strictly speaking, under Article II, section 2 of the Constitution, Supreme Court justices are appointed by the President "by and with the Advice and Consent of the Senate," not other judges.)