If President Joe Biden nominates retiring Justice Stephen Breyer’s successor before the end of this month, and the Senate moves swiftly to confirm the nominee, will there be a “justice-in-waiting” before Breyer steps down at the end of this term in late June or early July?

With the approaching midterm elections and the Democrats’ fragile Senate majority, there will be double incentive to move swiftly to confirm a new justice, according to court and political experts.

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