Posted on 04/09/2022 2:49:04 PM PDT by aimhigh
Here is a scary question for the legal eagles:
Judge Jackson is now approved by the Senate to take the next vacancy, which won’t occur until Justice Breyer steps down. He will step down in a couple months.
What is to stop Biden from getting 4 more judges approved now, to fill future openings?
I’m pretty sure that there has to be an opening before he can appoint anyone. Otherwise what is the point?
Unless 4 state they are going to retire from the Supreme Court, and that retirement will be within this year, I would say the chances are slim to none with none leading the pack right now.
“...What is to stop Biden...”
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The U.S. Congress.
You left out your sarcasm tag at the end of your post.
The way I see it, there is NO Vacancy on the Supreme Court and the dog and pony show they put on appointed her to NOTHING. Nothing stops the US Senate from telling her to go pound sand and require a NEW Nominee be put forth when there is actually a Vacancy on the court.
In other words it’s all a ruse and a scam for the peasants to feast on.
But Progressives believe the Constitution and traditions are things to be "worked around".
The U.S. Congress.
Uh-oh! We're in worse shape than I thought!
Expanding the court needs to go through Congress unless Biden goes Pelican Brief.
Regardless, Article III was the biggest mistake that the members of the 1787 Constitutional Convention made/ratified.
Here’s another hypothetical. Suppose that for some reason Breyer is still on the bench after the election. Could a Republican controlled senate revoke Brown’s confirmation?
I pray he does not retire. If he care a bit about his country, he will not. Imagine being replaced by someone with so little experience and with a horrendous agenda as big as all outdoors. You bring up a good point, though. The opening should happen before the appointment of a new judge. They have put the cart before the horse and it should have no legal standing as binding on anyone.
If I recall correctly, Sandra Day O’Connor stayed on the Court until the day Justice Alito was sworn in to replace her. So that nomination was done before the justice who announced retirement had actually left the court.
Remember that was an unusual situation, in that, Justice Rehnquist died after O’Connor announced plans to retire, and then Bush had two Supreme Court seats to fill. John Roberts and Sam Alito were confirmed a few months apart, as I recall. Roberts took his seat promptly because Rehnquist had died, but O’Connor stayed until Alito was confirmed.
Would have to change this law:
28 U.S. Code § 1
The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.
(June 25, 1948, ch. 646, 62 Stat. 869.)
https://www.law.cornell.edu/uscode/text/28/1?msclkid=9636f9ecb85511eca7148afe60f4bd71
Thanks.
Don’t get carried away with that. Breyer has officially announced his retirement effective the end of this session. For some reason, someone came out with that meme, and people think it is deep thinking.
My question isn't about packing the court. My question is about pre-approving nominees for future openings.
Here’s a scarier thought.
Is she* approved for Justice Breyers seat, or just the next vacancy?
I guess it wouldn’t really matter though. If someone were to get Scalia’ed the nominee will still be radical left.
PN1783 — Ketanji Brown Jackson — Supreme Court of the United States
Ketanji Brown Jackson, of the District of Columbia, to be an Associate Justice of the Supreme Court of the United States, vice Stephen G. Breyer, retiring.
https://www.congress.gov/nomination/117th-congress/1783
Congress could limit the jurisdiction of the lower federal courts, thus reducing the cases and matters that the Supreme Court hears on appeal.
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