Poor Justice Breyer can’t get a break. His eleven years of having to answer the door, which seemed to be coming to an end, will instead continue even after Roberts is confirmed to the Court. As How Appealing notes, Breyer will continue to be the most junior justice after Roberts becomes Chief, because the Chief Justice is, by definition, the most senior member of the Court. Breyer will have to wait until O’Connor’s replacement gets confirmed – whoever she turns out to be.
(Heh. I said she.)
Yeah, it could be my total lack of any depth of understand of the judicial system, but I don’t get how the “chief justice” can also be the newest justice- it doesn’t seem fair. Doesn’t time on the bench count for anything?