42

A good opportunity to express my opinion.

I think we can make the SCOTUS less political be changing the lifetime tenure provision. If Justices were required to rotate out of the court, then there is less possibility of a justice “hanging on” until they get the Presidential/Senate combination they feel more aligned with for political reasons. If vacancies were to occur on a more regular basis it would be a more routine process.

I’m not so much in favor of an upper age limit though as it will then become the ploy to just nominate younger and younger individuals to be on the SCOTUS so they can be there longer. I’m more in favor of limiting the number of years of SCOTUS service.

So…

^
Amend the US Constitution concerning SCOTUS tenure.

  1. The senior Justice with 20 years of service on the SCOTUS will face mandatory retirement the year following a Presidential election cycle and each subsequent year which does not contain a Presidential election cycle on June 30th. This will include Chief and Associate Justices. If a new Justice has not been confirmed by October 1st of the same year, then the Chief Justice shall have the discretion of reactivating a retired Justice in accordance with paragraph #2. A Chief Justice cannot face mandatory retirement with less than five years in that role, however the next senior Associate Justice with a minimum of 20 years of service will then be required to retire. Only one Justice per year may be mandatorily retired. If two or more Justices qualify in any year, only the senior is required to retire.

  2. In the event of death, incapacity, voluntary retirement prior to 20 years of service or vacancy, the Chief Justice can provide for temporary reinstatement of a retired Supreme Court Justice for a non-renewable period of one year or one term, whichever is greater. Once the period has expired, there is no extension. In the event of death or incapacity of the Chief Justice, the senior Associate Justice becomes the Chief Justice pending Senate consent of a new nominee. Requests for reinstatement must be made in the reverse order of retirement with the most recent retiree being solicited first. If that individual declines the request, the next most recent retiree is solicited. In the event there are no retired Justices available or none accept reinstatement, the court will revert to rules pertaining to an even number of Justices. The reinstatement of a temporary Justice ends when the incapacity or vacancy ends.

  3. The Senate is required to advise and consent on Presidential nominations to the Supreme Court, if vacancy has been created for any reason, after 120 days from the official date of nomination there has not been a confirmation vote made available to a quorum of Senators in whole, then the nominee will be deemed consented to by the Senate and confirmed due to inaction.
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    Just my thoughts, these and $5.00 will get you a coffee at a Starbucks.
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    WW

2 Likes
43

1 % chance

Unknown

44

If only rational thinking were allowed in Congress…

45

We’re not getting anyone who will vote to strike at business at all - especially the behemoths who immiserate everyone. That’s Manchin’s whole job. So, he will very likely withhold or threaten to withhold his vote, which will free up Synema to have opinions about fashion.

46

Fair point, but Klain, not Brandon.

Leave it up to Brandon and he’ll nominate the nice lady at the ice cream shop.

47

Ketanji Brown Jackson.

1 Like
48

My guess- Sri Srinivasan

49

So in case of a stalemate , i guess it’ll be 6-2 split for a while ?

50

Expect much immigration grandstanding, then?

51

Breyer ain’t leaving right away.

52

Time is not on Democrats side, probably. Basically it’s unlikely to get better in the Senate for Biden in 2023.

54

Undoubtedly.

1 Like
55

So, probably the guy who represented ExMo and Enron?

56

Actually I bet a couple of Republicans like Collins will vote for the nominee. It should be fine.

57

Agreed. My guess is this ain’t gonna be crazy hard.

1 Like
58

Convenient.

59

Should be plenty of time for some psycho who talks in a baby voice to make up a story to disqualify the nominee.

1 Like
60

Oh, and please, please, please nominate harris or garland.

It would be great to get them under oath with documents.

61

Has a former President ever been nominated for SC?

63

Taft. He also haaaated being president.

2 Likes