Who are plausible Biden nominees post KBJ? (user search)
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  Who are plausible Biden nominees post KBJ? (search mode)
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Author Topic: Who are plausible Biden nominees post KBJ?  (Read 1922 times)
politicallefty
Junior Chimp
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Posts: 8,244
Ukraine


Political Matrix
E: -3.87, S: -9.22

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« on: July 01, 2022, 12:05:05 PM »

If there's a chance for Biden to elevate an existing justice to the Chief position, he'd go with Kagan.

I agree with that, but it almost seems to be excessively conventional wisdom at this point. But then again, the last Democrat to appoint the Chief Justice was Truman.

Tamika Montgomery-Reeves was just nominated to the 3rd Circuit from the Delaware Supreme Court. I'd been wondering what was taking so long for the DE seat to be filled.

I could definitely see Alison Nathan. Don't underestimate an LGBT nominee for the next vacancy.
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politicallefty
Junior Chimp
*****
Posts: 8,244
Ukraine


Political Matrix
E: -3.87, S: -9.22

P P
« Reply #1 on: July 04, 2022, 07:30:23 AM »

Is there any true difference in power between Chief Justice and Associate Justice, besides some ceremonial duties?

Traditionally, it's just soft power and prestige for the most part. Obviously, there's the fact that the Chief Justice is always the most senior Justice, which includes assigning the majority opinion when in the majority. Chief Justice Burger would supposedly sometimes change his vote to keep control of that power. A lot does depend on the composition of the Court and the abilities of the particular Chief Justice though. You'd definitely rather be Chief than not though.

There are also quite a few administrative duties, not just within the Supreme Court itself, but also as head of the federal judiciary.
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politicallefty
Junior Chimp
*****
Posts: 8,244
Ukraine


Political Matrix
E: -3.87, S: -9.22

P P
« Reply #2 on: July 09, 2022, 07:51:32 PM »

Hopefully, a Republican Senate will refuse to confirm all Biden nominees.

You can remove "hopefully" and it would be a statement of fact.
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politicallefty
Junior Chimp
*****
Posts: 8,244
Ukraine


Political Matrix
E: -3.87, S: -9.22

P P
« Reply #3 on: March 18, 2023, 04:13:33 PM »

The Senate talk a couple posts above admittedly put a smile on my face.


Hmm, do you have inside knowledge of something we don't know?

I'm pretty sure I've posted my thoughts on this in another topic, but I have a go again. Let's just look at the five most senior Justices should they leave their respective seats. Keep in mind that if another man leaves the Court, there is the potential for the first female majority on the Court. Don't underestimate the significance of that. Overall, this is how I see things should the situation arise:

Thomas: Sri Srinivasan (though he is sadly ageing out), Candace Jackson-Akiwumi, Tamika Montgomery-Reeves, or someone fitting a similar profile.
Roberts: Kagan elevated to CJ, Alison Nathan fills the Kagan seat.
Alito: Anything goes here. Any Circuit Judge or state Supreme Court Judge (50 or under) or SG Prelogar.
Sotomayor: Probably a Latina Circuit Judge, such as Myrna Pérez.
Kagan: Alison Nathan or Elizabeth Prelogar.
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politicallefty
Junior Chimp
*****
Posts: 8,244
Ukraine


Political Matrix
E: -3.87, S: -9.22

P P
« Reply #4 on: March 18, 2023, 05:36:42 PM »

1. There will be a ton of pressure to nominate only women until there are 5 female justices on the court.  This might even carry over to the next Republican president, but it's  an absolute given for a Democratic president.

2. If it's Roberts (the only plausible conservative retirement under a Dem-controlled process IMO), I think Kagan is a lock for CJ. 

3. I don't think Biden would nominate Prelogar.  She would be expected to recuse from a ton of cases that originated from Biden administration actions.  This was also an issue with Kagan early on, though thankfully they had the foresight to exclude her from working on ACA or gay marriage cases for the admin. 

4.  I'm not sure Alison Nathan would get confirmed.  She was barely confirmed to the circuit court in a much more Democratic senate.

5. You forgot about Leondra Krueger.  She's younger than ACB and was a runner up for Breyer's seat.  I also think she would get some Republican votes.

1. I agree, but it might take a lower priority if it's Thomas's or Alito's seat under President Biden.

2. We are in total agreement on this one.

3. That's a valid point, but she does appear to have extraordinary skills. I'm unsure as to what her future is (at least outside the private sector) considering there won't be an obvious opening on the DC Circuit anytime soon (the one remaining GHWB appointee will likely try to wait out President Biden).

4. She got through with the usual three Republicans in support (Collins, Murkowski, and Graham). With full attendance, she almost certainly would've been confirmed 53-47.

5. Good point. She could certainly be in contention for most potential openings.
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