Why not appoint Jersey’s finest Jurist to the U.S. Senate to temporarily fill the seat vacated by the late Senator Frank Lautenberg.

The incompatibility clause only prohibits a person from serving in an Article I and Article II position simultaneously. My reading suggests that it would not stop a person from serving in an Article I and Article III position.

And, if Alito declines, Snooki for Senate!

Update: I had thought that for purposes of the incompatibility clause, “office under the United States,” referred to executive branch officials, not Justices of the Supreme Court (positions not created by Congress). A friend showed me otherwise. I think he’s right, but I am researching this further. Does anyone know of any resource that states that a Justice is an officer of the United States? This may be me overthinking this too much…