Prospectively Appointing Jackson To High Court Is Unlawful

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By John Reeves (April 19, 2022, 2:21 PM EDT) — On April 15, the White House Office of Legal Counsel released to the public a legal opinion dated April 6, concluding that the president may prospectively appoint Judge Ketanji Brown Jackson to be an associate justice of the U.S. Supreme Court following her U.S. Senate confirmation.[1]

In other words, the opinion concludes that the president may appoint — and not just nominate — Judge Jackson to the Supreme Court prior to Justice Stephen Breyer actually stepping down from the court. But the opinion also maintains that such a prospective appointment will not become effective until Justice Breyer actually retires. It is…

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