[Blood of Tyrants]

I’m pretty sure that there has to be an opening before he can appoint anyone. Otherwise what is the point?

[Robert DeLong]

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.

[Repeal The 17th]

“...What is to stop Biden...”
-
The U.S. Congress.

[eyeamok]

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.

[marktwain]

I believe it is highly unusual to pre-appoint a Supreme Court Justice, as was done here.

But Progressives believe the Constitution and traditions are things to be "worked around".

[rollo tomasi]

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.

[clintonh8r]

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?

[Seeing More Clearly Now]

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.

[nicollo]

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

[odawg]

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.

[Do_Tar]

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.