[kingu]

Hmm, I suppose that one of the justices might have to retire first, but hey, rules don’t mean much to this White House...

[Repeal The 17th]

“...one of the justices might have to retire first...”
-
No, not really; there is nothing to stop it from happening.

[alloysteel]

...sub for Ruth Bader Ginsburg, clearly about ready to slump into a long-term coma.

Of course, Herself, Madame Benghazi, the Cold & Joyless, is almost at the same comatose state, so it is like putting Frank Lautenberg in as a substitute for Robert Torricelli in New Jersey.

Just a place-holder.

[AFreeBird]

It’s my understanding that there is no set number for the number of justices. I could be wrong, but I seem to recall that FDR threatened to pack the court if he didn’t get his way. They caved. And The dems controlled congress at the time so, he could have done it.

Getting Hillary passed the Senate... Well, good luck with that.

[clearcarbon]

"Hmm, I suppose that one of the justices might have to retire first, but hey, rules don’t mean much to this White House..."

He could just make her the 10th justice. Since he's already tossed out the Constitution anyway, "at this point what difference does it make."

[snoringbear]

“Hmm, I suppose that one of the justices might have to retire first, but hey, rules don’t mean much to this White House...”

Now that the GOP controls both Houses, yes. But, the Constitution is ambiguous on the number of Justices allowed on the Supreme Court. In fact, FDR attempted to pass legislation allowing up to an additional six, one for each justice over seventy and sux months. But, it didn’t pass.

[wtd]

Kingu wrote:

"Hmm, I suppose that one of the justices might have to retire first, but hey, rules don’t mean much to this White House..."

When discussing Hillary, "retirement" may have a more onerous meaning. Hope the existing Supremes have their insurance and security measures updated.

[wtd]

Kingu wrote:

"Hmm, I suppose that one of the justices might have to retire first, but hey, rules don’t mean much to this White House..."

When discussing Hillary, "retirement" may have a more onerous meaning. Hope the existing Supremes have their insurance and security measures updated.

[BuffaloJack]

Why would one HAVE TO retire? That 9 justices thing is not called out in the Constitution anywhere. The Supreme Court has had as few as 7 and as many as 17 justices. It's just that 9 is traditional. One former president filled the court to 17 to offset the lopsided loading of his predecessor.

[Verginius Rufus]

Obama has filled two vacancies on the Court. David Souter waited to retire until there was a Democrat in the White House (although he had been appointed by a Republican). The idea must be that Obama would have selected Hillary instead of Sotomayor or Kagan.

He appears to have made it a rule that all of his nominees will be women, since he passed up two opportunities to select Alcee Hastings.