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Legal Opinion

Authority of the President to Prospectively Appoint a Supreme Court Justice

Department of Justice Office of Legal Counsel

Decided April 6, 2022Published

1Opinion of the Court

(Slip Opinion) Authority of the President to Prospectively Appoint a Supreme Court Justice If the Senate votes to confirm Judge Ketanji Brown Jackson as an Associate Justice of the Supreme Court, the President may complete her appointment to the Supreme Court by signing her commission before Justice Breyer’s resignation takes effect. April 6, 2022 MEMORANDUM OPINION FOR THE COUNSEL TO THE PRESIDENT You have asked whether the President may prospectively appoint Judge Ketanji Brown Jackson as an Associate Justice of the Supreme Court upon the Senate’s providing the President notification of the…

2Cases cited9 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
  3. United States v. SmithSupreme Court of the United States · 1932
  4. United States v. Le BaronSupreme Court of the United States · 1856
  5. Representative Donald Turner, Jr. and Senator Joseph Benning v. Governor Peter ShumlinSupreme Court of Vermont · 2017

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