Posted on 09/23/2018 10:56:52 AM PDT by Allen In Texas Hill Country
If Kavanaugh gets confirmed by the Senate after Oct 1 when does he become an active member of the SC? I hope he does not have to wait a full term!!!!
I find it very curious that they wanted to wait until Thursday at all cost????
As soon as he is sworn in.
When he is sworn in — there isn’t any waiting period.
He jumps right in.
No waiting.
They have to fit him for a robe first....... :)
Justice Gorsuch was confirmed on April 7, 2017, he was sworn in on April 10, 2017 and he participated in oral arguments on April 18, 2017. He wrote the majority opinion on the first case that he joined. All documented on records of the Supreme Court.
Sorry for another thread on this infinite subject but if somebody knows for sure he can be quickly activated I’ll feel a lot more comfortable. Thaks.
That’s THANKS. Sorry ‘bout the typo. And the swearing in is done by??? And can’t be held up by anything? I’m so fearful of the demos and what they have become.
And Cruz will win here in Texas!!!!!
the issue is after the term starts...the choices of the cases to be heard.
I think, from what I read elsewhere, that he has to be confirmed by the 30th to be part of this session.
Actually, I think it is when he receives the commission from the President.
Kavanaugh has to be present for all the oral arguments in a case before he can participate and vote. Otherwise, there are only 8 voting justices. There should be no problem since it is a few months before oral arguments begin.
I would expect Roberts to play with case order, such that if confirmed but not yet seated, on 10/1, that he brings up the “no-brainer” cases first, and the sits on the others a bit.
Most cases have one day of oral arguments, and they usually schedule 2 cases for each day of oral arguments
The Supreme Court Docket for Arguments in October, 2018 can be found here:
https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalOctober2018.pdf
I think, from what I read elsewhere, that he has to be confirmed by the 30th to be part of this session.
********************************************************
I think that is it!!!!!! It was suggested elsewhere the demos will somehow prevent the confirmation process until after the election. Does McConnell have full authority on when the Senate is brought into session no matter who shows up? And when the votes are counted does the majority have to be 51 or just the majority of those present????? This could still go on forever. Hope not.
There you go again, looking for rational behavior in Washington.
Must be true if you read it somewhere.
As soon as he’s sworn in. He would not get to rule on any cases where he missed oral arguments.
- - - - - -
Which cases would that person hear?
Is it only cases that were first appealed to the Supreme Court after some date?
Or is there some other rule?
- - -
Basically, the new justice can hear all cases as there is no rule preventing it.
An article by the National Law Journal states:
But another little-known option is available to the eight-member court: It could hear the cases in February or March, say, and the ninth justice,
whenever he or she joins the court this term, could vote after reading the briefs and reviewing the argument on tape or by reading the transcript.
Court experts agree that there is no ironclad command that prevents justices from voting on cases that were argued before their tenure began.
The only thing preventing such a practice is long-standing tradition that weighs against participating in cases that were argued before a different set of justices.
But in a new era with a new president who defies tradition daily, this one could also fall.
As soon as he is sworn in, but that doesn’t happen until the full senate votes on it and that is why it was so important to push testimony back until Thursday. Given senate rules and the midterm recess it becomes highly unlikely the Republicans can push a floor vote through before the midterm elections or even before the new senate is seated. If the Dems pick up a seat or two in the senate there will now never be a Justice Kavanaugh. I think they have won.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.