Biden nominates Ketanji Brown Jackson for SCOTUS

[Invisible Man]

i'm not sure what all the angst is about here at RPF.

Just know that it has nothing to do with her skin color.

 

[Brian4Liberty]

https://twitter.com/USAB4L/status/1516160660471701505

 

[Invisible Man]

https://twitter.com/USAB4L/status/1516160660471701505

Because there will be a vacancy by the time she gets sworn in?

 

[Anti Globalist]

https://twitter.com/USAB4L/status/1516160660471701505

Because they are waiting for Stephen Breyer to retire sometime in June or July 2022?

 

[CaptUSA]

i have one rule when voting (or not voting at all) in judicial elections: never vote for prosecutors.

this selection could have been much worse (see Kavanaugh's ruling about the gov't looking at naked pictures of your girlfriend). i'm not sure what all the angst is about here at RPF.

Yeah, I don't get it either. Whoever was going to get that spot was going to occupy the far left of the Court. Brown Jackson seems to be fairly meh choice to fill that role. It's just a shame that she'll have to wear the affirmative action tag for the rest of her life. She wasn't chosen because she was the best Biden could find - she was chosen because of her identity. Kinda sad, really.

 

[Brian4Liberty]

Because there will be a vacancy by the time she gets sworn in?

Because they are waiting for Stephen Breyer to retire sometime in June or July 2022?

Eventually a Justice will die or leave. So what stops a POTUS with a Senate majority from nominating one or more Justices, who can then be confirmed, to replace any future deaths or retirements? That is essentially what the Biden Admin has done.

 

[acptulsa]

https://twitter.com/USAB4L/status/1516160660471701505

It's the first time I ever saw, or heard of, such a thing happening. I wonder if anyone (*cough*Thomas*cough*) is feeling any pressure to resign?

Eventually a Justice will die or leave. So what stops a POTUS with a Senate majority from nominating one or more Justices, who can then be confirmed, to replace any deaths or retirements? That is essentially what the Biden Admin has done.

If a different administration is in office by the time someone does retire, all this will be rather embarrassing. Whether the media "notices" or not.

 

[Invisible Man]

Eventually a Justice will die or leave. So what stops a POTUS with a Senate majority from nominating one or more Justices, who can then be confirmed, to replace any future deaths or retirements? That is essentially what the Biden Admin has done.

But this new justice hasn't been sworn in yet. There are still only 9 justices on the court. And based on the schedules that have been announced for both Breyer's last day on the bench and Jackson's swearing in, there will not be 10 justices on the bench at any point unless Breyer does not actually step down by then.

It if turns out that at some point we have 10, I think you will see a lot more people raising this concern.

 

[Invisible Man]

It's the first time I ever saw, or heard of, such a thing happening. I wonder if anyone (*cough*Thomas*cough*) is feeling any pressure to resign?

Breyer already announced his retirement before the nomination took place.

 

[Anti Globalist]

Eventually a Justice will die or leave. So what stops a POTUS with a Senate majority from nominating one or more Justices, who can then be confirmed, to replace any future deaths or retirements? That is essentially what the Biden Admin has done.

Are you saying that if Biden wants to, he can nominate other justices to fill Breyers seat, have the Senate confirm them, and then if any other justices die or retire they will simply fill those seats instead? Quite a diabolical plan if that's what they're aiming for.

 

[Invisible Man]

Are you saying that if Biden wants to, he can nominate other justices to fill Breyers seat, have the Senate confirm them, and then if any other justices die or retire they will simply fill those seats instead? Quite a diabolical plan if that's what they're aiming for.

They would first need to pass legislation to increase the number of justices. But provided they did that, sure, there's no constitutional limit on the number. The same would apply if Republicans controlled the WH and Senate and wanted to pack the court.

The main thing standing in the way of that is the political consequences.

 

[Brian4Liberty]

Breyer already announced his retirement before the nomination took place.

You mean the Biden Admin announced it for him.

Maybe they will announce Thomas is going to retire for medical reasons and nominate and confirm another justice before the midterms.

 

[Brian4Liberty]

It's the first time I ever saw, or heard of, such a thing happening. I wonder if anyone (*cough*Thomas*cough*) is feeling any pressure to resign?

Very likely. The precedent has been set, and so far it is successful.

If a different administration is in office by the time someone does retire, all this will be rather embarrassing. Whether the media "notices" or not.

Which raises an additional question. If a new Administration comes in before the “old” justice retires, can they disregard the previously nominated and confirmed judge? Can they clear the queue?

 

[Invisible Man]

You mean the Biden Admin announced it for him.

Maybe they will announce Thomas is going to retire for medical reasons and nominate and confirm another justice before the midterms.

OK. But even if that happened, why would it be an issue, unless at some point there were 10 sitting justices?

If they did that and it turned out that Thomas didn't retire, they'll just end up having gone through the circus of nominating and confirming someone who won't actually get to serve.

 

[Brian4Liberty]

Are you saying that if Biden wants to, he can nominate other justices to fill Breyers seat, have the Senate confirm them, and then if any other justices die or retire they will simply fill those seats instead? Quite a diabolical plan if that's what they're aiming for.

Basically. What’s to stop him?

And why even say it’s to replace Breyer? Just say it’s a judge in the queue in case someone on the court retires or dies. If the Senate majority cooperates, then what’s to stop them?

 

[Invisible Man]

You mean the Biden Admin announced it for him.

He did announce his own retirement, and he said in his announcement that it was "assuming that by then my successor has been nominated and confirmed."
https://www.npr.org/2022/01/27/1076...tice-breyer-retire-announce-biden-white-house

 

[DamianTV]

You mean the Biden Admin announced it for him.

Maybe they will announce Thomas is going to retire for medical reasons and nominate and confirm another justice before the midterms.

Biden is obviously severely cognitively impaired. If Kermit the Frog and Freddy Kruger were both suggested to him as SCOTUS Judges, he would have been just fine with that.

This SCOTUS Judge that has been installed by this FAKE President is nothing more than a Pedophile BLM Apologist. She is there to set off ANY kind of Civil War she can provoke with her ignorance. I dont care that SHE is black, I DO care that she SUCKS.

 

[Brian4Liberty]

He did announce his own retirement, and he said in his announcement that it was "assuming that by then my successor has been nominated and confirmed."
https://www.npr.org/2022/01/27/1076...tice-breyer-retire-announce-biden-white-house

It was “leaked” to the press before any “official” announcement by Breyer. Many belive than it was done to force his hand so that Biden could name his replacement.

And Breyer’s caveat of "assuming that by then my successor has been nominated and confirmed" is also problematic. Since when do Justices set the rules for their replacement? Is that in the Constitution? In any law?

Essentially what he said was that he will not retire unless the Biden Administration successfully pushes through a replacement, otherwise he will not retire.

 

[Brian4Liberty]

He did announce his own retirement, and he said in his announcement that it was "assuming that by then my successor has been nominated and confirmed."
https://www.npr.org/2022/01/27/1076...tice-breyer-retire-announce-biden-white-house

The rest of the story must have slipped your mind:

Associate Supreme Court Justice Stephen Breyer is reportedly miffed that his retirement was leaked, a violation of his practice of following protocol by the book, according to longtime court-watchers.

Sources said that he was beginning the standard process of scaling back, with plans to announce at the end of the current term in several months.

“He is a by-the-book stickler for following protocol. You announce your retirement at the end of terms, not in the middle,” one insider told Secrets today.
...
https://www.washingtonexaminer.com/...ok-breyer-said-to-be-miffed-retirement-leaked

 

[Invisible Man]

It was “leaked” to the press before any “official” announcement by Breyer. Many belive than it was done to force his hand so that Biden could name his replacement.

OK, but he did still announce it himself before Jackson was nominated.

And Breyer’s caveat of "assuming that by then my successor has been nominated and confirmed" is also problematic. Since when do Justices set the rules for their replacement? Is that in the Constitution? In any law?

Yes, Article III Section 1 says:

The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

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.

Essentially what he said was that he will not retire unless the Biden Administration successfully pushes through a replacement, otherwise he will not retire.

Correct. Which he has the power to do constitutionally.