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Trump may be able to preemptively nominate and confirm SCOTUS Justices

Posted on 2/12/25 at 7:43 am
Posted by ElPresidenteGrande
Washington D.C.
Member since Aug 2013
174 posts
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”
Posted by funnystuff
Member since Nov 2012
8920 posts
Posted on 2/12/25 at 7:50 am to
That doesn’t sound right
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463655 posts
Posted on 2/12/25 at 7:58 am to
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 by Wally Sparks
Atlanta
Member since Feb 2013
32351 posts
Posted on 2/12/25 at 8:06 am to
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 by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
22063 posts
Posted on 2/12/25 at 8:11 am to
Good thing Obama didn't do that.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463655 posts
Posted on 2/12/25 at 8:16 am to
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 by roguetiger15
Member since Jan 2013
17262 posts
Posted on 2/12/25 at 8:20 am to
That’s a slippery slope I don’t want any President going down, frick that.
Posted by Wally Sparks
Atlanta
Member since Feb 2013
32351 posts
Posted on 2/12/25 at 9:20 am to
quote:

That’s a slippery slope I don’t want any President going down,


Ditto
Posted by ElPresidenteGrande
Washington D.C.
Member since Aug 2013
174 posts
Posted on 2/12/25 at 9:29 am to
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 by ElPresidenteGrande
Washington D.C.
Member since Aug 2013
174 posts
Posted on 2/12/25 at 9:39 am to
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 by Trapped in time
Member since Mar 2023
491 posts
Posted on 2/12/25 at 9:42 am to
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
Posted by CrystalPreserves
Member since May 2019
3929 posts
Posted on 2/12/25 at 9:47 am to
Where is the NRA and why are they not standing up to this tyrannical government? They only have 1 job.
Posted by HoopsAurora
Member since Apr 2024
1880 posts
Posted on 2/12/25 at 9:53 am to
Oh boy the left would go apoplectic.
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