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May the President Prospectively Appoint a Supreme Court Justice to a Seat that Is Not Yet Vacant?
Reason ^ | 4/16/2@ | Jonathan H. Adler

Posted on 04/16/2022 6:58:32 AM PDT by untenured

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Something to keep an eye on.
1 posted on 04/16/2022 6:58:32 AM PDT by untenured
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To: untenured

If a ‘Rat is in charge, then it’s fine.

Just ask Traitor Roberts.


2 posted on 04/16/2022 7:00:41 AM PDT by Paladin2
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To: untenured

Not Constitutionally.


3 posted on 04/16/2022 7:02:48 AM PDT by G Larry (Anybody notice that Satan is hard at work?)
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To: G Larry

Trump should have nominated 5 or 6, tentatively!


4 posted on 04/16/2022 7:07:33 AM PDT by tired&retired (Blessings )
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To: untenured

Frankly, no.

The Senate would not be empowered to receive such an appointment.

If there was a specific term, that that would be possible. For example, the Massachusetts legislature appointed a successor to John Quincy Adams more than a year before his term was up (they didn’t like the way he was voting). But with lifetime appointment, there is no vacancy date.


5 posted on 04/16/2022 7:07:42 AM PDT by cotton1706
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To: untenured
It's an interesting question. I think the Supreme Court itself might accept a prospective nomination as long as it is during the same Senate session, and there has not been any change in the composition of the Senate due to death, etc.. I don't think there is any realistic chance they'd accept a confirmation from a Senate different from the one that is session at the time the vacancy actually happens.

But suppose it comes out tomorrow that Jones actually murdered someone, and nobody now wants her on SCOTUS. I don't think the President could withdraw a confirmed nomination, nor could the Senate "undo" a confirmation. So you'd then have to let her take office, them impeach her. Seems odd.

6 posted on 04/16/2022 7:09:34 AM PDT by Bruce Campbells Chin
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To: untenured

It begins


7 posted on 04/16/2022 7:09:36 AM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you. )
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To: untenured

I think it would be funny as hell if Breyer said, “on further consideration, I have decided to postpone my retirement until after the 2024 elections.”


8 posted on 04/16/2022 7:11:19 AM PDT by Gaffer
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To: cotton1706

Well, I am sure Justice Breyer’s resignation letter included the date he is going to retire at the end of the Supreme Court term, so the President and Senate can act to fill the vacancy effective that date.

They can’t just appoint someone to fill a random future vacancy.


9 posted on 04/16/2022 7:14:59 AM PDT by GreenLanternCorps (Hi! I'm the Dread Pirate Roberts! (TM) Atsk about franchise opportunities in your area.)
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To: untenured
It may be a flight of fancy, but I hope something will happen before Breyer’s retirement takes place and Brown gets on the court. Breyer might see the harm of this globalist puppet so-called judge, and withdraw his resignation, or she could be charged with felony perjury, or for breaking federal law on some of her rulings. Yes, of course the globalists don't care when their puppets break the law, no matter what. Maybe she'll get caught with kiddie porn.
10 posted on 04/16/2022 7:15:16 AM PDT by Missouri gal
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To: Gaffer

Then we would have ten justices


11 posted on 04/16/2022 7:15:44 AM PDT by Karoo
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To: Paladin2

Constitution? Pfffttt! Court order? Pfffttt!! Bill of Rights? Pfffttt! None of them are “absolute”. To the libgressives, nothing is off limits for ignoring.


12 posted on 04/16/2022 7:16:15 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this? 😕)
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To: GreenLanternCorps

Suppose Breyer changes his mind and decides to remain on the Court? What then?


13 posted on 04/16/2022 7:16:53 AM PDT by mkmensinger
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To: untenured

Appointment of an inferior Black woman as replacement is an insult to Stephen Breyer.


14 posted on 04/16/2022 7:17:51 AM PDT by bert ( (KE. NP. N.C. +12) Promoting Afro Heritage diversity will destroy the democrats)
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To: G Larry

Not Constitutionally.

***************

Not a concern to Democrats.

Nor something to defend for Republicans.

A governing framework and principles are so yesterday. /sarc


15 posted on 04/16/2022 7:19:24 AM PDT by Starboard
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To: G Larry

Not Constitutionally.

***************

Not a concern to Democrats.

Nor something to defend for Republicans.

A governing framework and principles are so yesterday. /sarc


16 posted on 04/16/2022 7:19:24 AM PDT by Starboard
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To: Vaquero

It begins

*************

It ends


17 posted on 04/16/2022 7:21:37 AM PDT by Starboard
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To: Karoo

If she cannot take the oath of office until after Breyer resigns then we would not have ten justices. On the other hand, liberals have never been noted for their support of the rule of law when it did not suit them.


18 posted on 04/16/2022 7:21:53 AM PDT by 17th Miss Regt
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To: mkmensinger

“Suppose Breyer changes his mind and decides to remain on the Court? What then?”

he should upgrade his medical and life insurance.
Malta’s and Epstein’s Roberts have already shown
that they can murder any Justice they want, just
like they were one of their bound children.


19 posted on 04/16/2022 7:23:02 AM PDT by Diogenesis (Si vis pacem, para bellum)
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To: GreenLanternCorps
"They can’t just appoint someone to fill a random future vacancy."

...but they sure as hell will try. Look for Sotomayer to hint her health problems are worsening and is contemplating resignation.

That's Gotime for the Ds

20 posted on 04/16/2022 7:23:43 AM PDT by chiller (Davey Crockett said: "Be sure you're right. Then go ahead'. I'm going ahead.)
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