Is there a way for a retired SCOTUS justice to be recalled to the SCOTUS? Or to have a justice semi-retired and able to be recalled to serve?
It seems to me that this would be a way around any vacancy issues such as the present case.
Only by nomination and Senate confirmation (or a recess appointment, which is basically impossible anymore).
Are there competent ex-Scoti?
A retired Supreme Court Justice can be assigned by the Chief Justice to preside as a visiting judge in lower federal courts but not on the Supreme Court. It’s called “sitting by designation”. I know David Souter does it pretty regularly in Boston and I believe Sandra Day O’Connor has done it as well. I haven’t heard that John Paul Stevens, the only other living retired Supreme Court Justice, has done it. He is now in his late 90s and I would guess he’s not up for it.
Can they assign anyone else? If so, that should have been the solution to the filibuster problem.
The Wikipedia page on Senior Status. Theoretically can be assigned by the Chief Justice but SCotUS seems to be excepted. Various statutes are cited.
One odd case was William O. Douglas. Longest serving justice in SCotUS history. Had a stroke, tried to continue on. Eventually persuaded to resign. But then kept working as if he was a justice! Finally all nine members wrote a letter telling him he was done.
This sort of implies a 9-0 unofficial ruling that once you resign, you’re off the court.
Don’t most justices leave the Court by dying rather than retiring? And of the ones who do retire, how many are still in sufficiently good condition that we would want them making decisions on the Supreme Court level? I’m not saying it couldn’t happen, but it seems to me as if it would be a pretty unusual situation to have a living ex-Justice who was still capable of functioning as a “substitute” Justice in a pinch.
This. Federal judges are appointed for life. Obviously, most of them retire at some point, but they are still officially judges, and can be called upon to serve if needed. The nice part (for the judges) is that they get paid for life, whether or not they’re active.