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MIAMI (CBSMiami/AP) — Governor Rick Scott is moving ahead with plans to replace three current justices on the Florida Supreme Court even though it’s unclear if he can appoint replacements.

Scott on Tuesday asked a nominating commission to begin coming up with a list of replacement candidates. Scott’s office said he would invite the next governor to interview candidates with him in order to reach an agreement on the picks.

Age limits are forcing three justices to retire on the day Scott is scheduled to leave the governor’s office. If he goes ahead and picks replacements, Scott could draw a lawsuit challenging his decision.

Scott’s push to name justices could also be complicated by his run for U.S. Senate. If he wins, Scott could be forced to step down as governor a few days early.

(© Copyright 2018 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

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