I thought the same as the rest of you. Is this a way to pack the court? What if Breyer doesn't retire? Are they trying to get rid of Justice Thomas? His wife Jenny said the other day she thinks the election was stolen. The politicos are horrified. Are they going to have a slate of affirmative action hires already approved so a conservative President can't appoint constitutionalst judges?
The president nominates and appoints. The Senate only affirms (consents). If someone isn't actually seated on the court when a Republican takes office as president, therefore, the process has ended for that nominee. It's now within the power of the new president to nominate and appoint justices to fill vacancies, with the consent (affirmation) of the Senate.