I made it absolutely clear, that I would go forward with the confirmation process as chairman. Even a few months before presidential election.
…
Just as the constitution requires.
Joe Biden
U.S. Vice President
2016
[Good to know both candidates are in agreement with this. So, this shouldn’t be an issue then.—Joe]
Today’s WSJ has an op-ed by two Constitutional lawyers, as well as a lead editorial, both good discussions. I believe both are accessible without paywall issues at opinionjournal.com.
The op-ed mentions that Carter nominated Breyer as appeals court judge AFTER losing the election in 1980, and the Senate confirmed him in a lame duck session.
More interesting still, I don’t think this has been done but last night a lawyer in a panel discussion pointed out that the President can make a recess appointment to the Court. That appointment would expire of course, “at the end of the next session of the Senate”.
Does it really matter what Gibbering Joe says anymore? No one on either side is really listening to him for actual content.
The major point is that were in the middle of a communist insurgency. Trump and the senate need to fight like it.
No one can argue that Trump is president now. After November, That will not be the case.Even if confirmed, that justice will be impeachable. And as soon as the democrats take power. That justice will be.
That is if we still have a government by that time.
If a justice isn’t seated before November. We will be looking at contested elections with a 4/4 split court. The hits just keep coming, folks! It’s like the Dr. Demento show went all communist or something.
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