CaptUSA
Member
- Joined
- May 17, 2011
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- 19,107
OK, but he did still announce it himself before Jackson was nominated.
Yes, Article III Section 1 says:
So, unless they remove him from office for bad behavior, he gets to set the terms for his retirement. If he doesn't want to retire because they haven't confirmed a replacement, he can stay in there until he changes his mind or dies.
Correct. Which he has the power to do constitutionally.
I think you're right on all points. It does set up an interesting conundrum, though. Let's say Breyer (or a future Justice) decides he doesn't like his replacement, he could just stay on until a new President is seated. Then, we would have had confirmation hearings for nothing. And let's say a future Justice just wants to see who would replace him/her if he left so he/she floats the retirement idea conditional on who would make it through the confirmation process.
I think it's all Constitutional, but I don't think it was ever envisioned that way.
Edge: Jackson (higher academic honors at both levels; law review experience; Supreme Court clerkship, which is highly selective).
Conclusion: On the criteria of judicial experience and academic performance alone, Ketanji Brown Jackson’s record is significantly stronger than Clarence Thomas’s at the time of their respective appointments.