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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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To: Paladin2

I thought that didn’t seem possible.. Made no sense if one is not thinking honestly.
What have they done that is constitutional and legal?

NOTHING!


41 posted on 04/16/2022 8:29:57 AM PDT by frnewsjunkie
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To: cuz1961

A/C has changed Breyer to Beyer repeatedly on me.

Getting sick of fighting it
.

I had to retype it multiple times.


42 posted on 04/16/2022 8:29:59 AM PDT by cuz1961 (USCGR Veteran )
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To: untenured
The Supreme Court would never agree to hear a hypothetical case.

Why would they accept a hypothetical justice?

43 posted on 04/16/2022 8:36:07 AM PDT by HIDEK6 (God bless Donald Trump. )
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To: tired&retired
Trump should have nominated 5 or 6, tentatively!

That goes to the heart of it!

Trump certainly could have done so with the help of Senate consent and we should anticipate Team Biden will be moved to include that in its next move.

But any such next move also includes the tricky question of whether a SocialistDem Congress expands the seats on the USSC to provide a runway for multiple pending appointments by a president (along with the question of when a Senate consent expires).

("He shall have Power...by and with the Advice and Consent of the Senate, to...nominate, and appoint...Judges of the supreme Court...which shall be established by Law"
- Art II, Se2, Clause2)

44 posted on 04/16/2022 8:38:59 AM PDT by frog in a pot (The General Election is NOT THE BEST TIME OR PLACE to cure your state’s political ills.)
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To: GreenLanternCorps

What if Breyer were to rescind that resignation letter?


45 posted on 04/16/2022 8:39:57 AM PDT by seowulf (Civilization begins with order, grows with liberty, and dies with chaos...Will Durant)
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To: untenured
Our Office has taken the position that prospective appointments are permissible for vacancies anticipated to occur during the appointing official's own term of office...

Maybe Biden can appoint a new Vice President, too?

That would be fun to watch.

-PJ

46 posted on 04/16/2022 8:41:51 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: untenured

From all appearances, it looks like the Democrats went through this stage act of a confirmation process prematurely in a desperate attempt to bolster their sagging political fortunes.


47 posted on 04/16/2022 8:46:23 AM PDT by Alberta's Child ("Mr. Potato Head ... Mr. Potato Head! Back doors are not secrets.")
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To: untenured

Democrats (with the help of republicans) have effectively set a precedent to expand the court numbers without a whimper from republicans.

What would happen if Ketanji Brown Jackson shows up at the court and demands to be seated while Justice Breyer is still an active member of the court?

Would republicans demand that she not be seated?

Hell No!

They helped confirm her for life and that confirmation cannot be rescinded except perhaps by impeachment.


48 posted on 04/16/2022 9:13:26 AM PDT by Iron Munro ( Joe Biden - Inventor Of The First New Language since Esperanto)
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; ...

p


49 posted on 04/16/2022 9:18:04 AM PDT by bitt ( <img src=' 'width=50%> )
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To: untenured
Not a big surprise...

NBD!
Our communist masters know that the Aamerican sheeple will just continue to roll over and spread their collective cheeks...

Bow down!... Obey!... Snitch!...

50 posted on 04/16/2022 10:44:27 AM PDT by SuperLuminal (Where is another Sam Adams now that we desperately need him?)
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To: untenured

Tin foil hat time (maybe):

A Constitutional Justice accidently falls out of a helicopter or is attacked by their exercise equipment.
Since Jackson is already confirmed, she takes that seat.
Breyer announces that he feels he must stay on during this “time of turmoil”.
No need for any debate about appointing someone at least marginally moderate.


51 posted on 04/16/2022 11:50:54 AM PDT by Do_Tar (I wish I was kidding.)
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To: untenured

I can see the Democrats doing anticipatory confirmations for replacements for every elderly Leftist federal judge in anticipation of losing the Senate in 2022 and the presidency in 2024.


52 posted on 04/16/2022 11:56:46 AM PDT by SauronOfMordor (A Leftist can't enjoy life unless they are controlling, hurting, or destroying others)
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To: untenured

If the person holding the seat has announced their intentions then I don’t see an issue. Appoint and confirm the replacement.


53 posted on 04/16/2022 11:59:44 AM PDT by DoodleDawg
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To: GreenLanternCorps

“Well, I am sure Justice Breyer’s resignation letter included the date he is going to retire”...and accept the multi-millions of dollars appreciation bonus for serving his Nation.


54 posted on 04/16/2022 1:56:07 PM PDT by Portcall24
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To: mkmensinger

Breyer says, April Fools ;-D. I’m back


55 posted on 04/16/2022 4:50:03 PM PDT by el_texicano
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To: untenured
Last week, the Senate confirmed Joke Ketanji Brown Jackson as an
inJustice to the U.S. Supreme Court.

There...

56 posted on 04/16/2022 8:49:27 PM PDT by DoughtyOne (I pledge allegiance the flag of the U S of A, and to the REPUBLIC for which it stands.)
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To: untenured

So what if Breyer changes his mind and decides not to step down at the end of this session, then the Senate changes control with the upcoming election?


57 posted on 04/16/2022 8:52:37 PM PDT by 9YearLurker
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To: Diogenesis

He’d be found dead in bed with a pillow over his head, like another judge a few years ago.


58 posted on 04/17/2022 8:00:03 AM PDT by ViLaLuz (2 Chronicles 7:14)
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