What happens if the chief executive dies or resigns?

The President of the United States nominates someone to fill his or her vacancy; the Senate Judiciary Committee conducts a hearing; and the full Senate votes on whether to confirm the nominee and appoint him or her to the vacancy. If the candidate receives a simple majority of votes (51), that person will be commissioned.

Cases will continue to be heard en banc as long as the Court has enough members for a quorum (2/3rds, or 6 Justices), but particularly important cases may be postponed or reargued after the new Justice is seated. The president appoints new justices but the Senate has to confirm them. According to Title 28, Part III, of the United States Code, if the Chief Justice dies or otherwise becomes incapacitated, his role is filled by the most senior Associate Justice until another Chief Justice is nominated and approved by the Senate, or until the original Chief Justice's disability ends.

Sometimes the Acting Chief Justice ultimately becomes the official officeholder; other times, a new Chief Justice is selected from outside the Court.