The Senate last week approved Justice Ketanji Brown Jackson’s nomination to the Supreme Court, but she is not yet Justice Jackson. Judge Stephen Breyer will not retire until this summer. So where is the position that Judge Jackson was confirmed to fill?
The Justice Department claims there is no problem confirming candidates before an actual vacancy. But the same logic would allow the president to appoint rosters of standby judges should his party lose the Senate in the midterm election.
https://www.wsj.com/articles/bad-precedent-high-court-nomination-appointee-retirement-successor-confirmation-battle-judge-ketanji-brown-jackson-11649614292 A bad precedent in the High Court