@FeralRobots under that theory, then, Roberts and Alito might be immediately retired, since they’d be the most past-due, and that would be consistent with the two-appointments per Presidential term norm they’d be trying to enshrine.

i wonder if unexpected vacancies would then remain vacant until a new term, to prioritize appointments fairness? a tie-susceptible court is an annoyance, but one we’ve dealt with fine from time to time.