Ladies and Gents, it is Court Packin’ Time!
Look for the House and Senate to pack the court quickly before the midterm elections, which was probably the entire motivation behind this leaked draft opinion.
It was supposed to rally the liberal base to demand court packing so Brandon could put a bunch of Ketanji Brown Jacksons on the court.
That may be the motivation for the leak, to IMMEDIATELY start the Court Packing Process.
The over reacting by the left will only get more conservative voters out.
You may be right.
Although decades of precedent tell us that the nine-member court requires a vacancy before a duly appointed replacement can be seated, the reality is that there is no such rule. I had thought that it was the Chief Justice who would swear in any new Associate Justice, but that is also not true. ANY seated Justice can swear in another new member. So it is entirely possible that someone like Kagan or Breyer could walk up to Ketanji Brown Jackson and administer the oath. Then all they would have to do is find her an office and another chair at the dais. It could happen this morning.