- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Coaching Changes
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message

Trump may be able to preemptively nominate and confirm SCOTUS Justices
Posted on 2/12/25 at 7:43 am
Posted on 2/12/25 at 7:43 am
Interesting article from the American Mind which suggests that the President has the power to nominate, and have the Senate confirm, justices to replace current sitting justices in the event they retire during his term. This would be useful for Trump and the MAGA movement because he can nominate prospective justices and go ahead and have them confirmed while Republicans control the Senate. The confirmed justices just wouldn’t be sworn in until the sitting justice retires.
The American Mind - “ How Trump Can Secure the Supreme Court for a Generation”
The American Mind - “ How Trump Can Secure the Supreme Court for a Generation”
Posted on 2/12/25 at 7:50 am to ElPresidenteGrande
That doesn’t sound right
Posted on 2/12/25 at 7:58 am to ElPresidenteGrande
quote:
OLC has also determined that “prospective appointments are permissible for vacancies anticipated to occur during the appointing official’s own term of office.” Indeed, since 1986, 12 people have been appointed prospectively to the Supreme Court: Chief Justices William Rehnquist and John Roberts and Associate Justices Antonin Scalia, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, and Ketanji Brown Jackson, and failed nominee Harriet Miers. To put it another way, 12 people have been appointed by the president to the Supreme Court even though there was no existing vacancy on the Court.

Posted on 2/12/25 at 8:06 am to SlowFlowPro
quote:
Indeed, since 1986, 12 people have been appointed prospectively to the Supreme Court: Chief Justices William Rehnquist and John Roberts and Associate Justices Antonin Scalia, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, and Ketanji Brown Jackson, and failed nominee Harriet Miers.
Basically "prospective" means "the sitting Justice announced their retirement and it would go into effect upon confirmation of the nominee."
A real nothing-burger.
Posted on 2/12/25 at 8:11 am to ElPresidenteGrande
Good thing Obama didn't do that.
Posted on 2/12/25 at 8:16 am to Wally Sparks
quote:
Basically "prospective" means "the sitting Justice announced their retirement and it would go into effect upon confirmation of the nominee."
A real nothing-burger.
Yeah this is a clever argument.
Posted on 2/12/25 at 8:20 am to ElPresidenteGrande
That’s a slippery slope I don’t want any President going down, frick that.
Posted on 2/12/25 at 9:20 am to roguetiger15
quote:
That’s a slippery slope I don’t want any President going down,
Ditto
Posted on 2/12/25 at 9:29 am to roguetiger15
quote:
That’s a slippery slope I don’t want any President going down,
Definitely a slippery slope that would be weaponized.
This post was edited on 2/12/25 at 9:30 am
Posted on 2/12/25 at 9:39 am to Wally Sparks
quote:
Basically "prospective" means "the sitting Justice announced their retirement and it would go into effect upon confirmation of the nominee."
The argument is really two-fold. First, the confirmation process is independent of the assumption of the SCOTUS seat, and because of that independence, the President can nominate and have confirmed, a slate of prospective justices. Second, the President now has a slate of pre-confirmed justices that he could then immediately give the oath upon retirement or death of a sitting justice. If the sitting justice(s) do not leave the bench, the pre-confirmed nominees would, in essence, have their nominations expire upon the expiration of the nominating President’s term.
Posted on 2/12/25 at 9:42 am to ElPresidenteGrande
Seems like a waste of time and resources to hold job interviews when a job position isn’t open.
Maybe DOGE will talk to him
Maybe DOGE will talk to him
Posted on 2/12/25 at 9:47 am to ElPresidenteGrande
Where is the NRA and why are they not standing up to this tyrannical government? They only have 1 job.
Posted on 2/12/25 at 9:53 am to ElPresidenteGrande
Oh boy the left would go apoplectic.
Popular
Back to top
7








