In order for a judge to take the bench, article 2 ection 2 states that a president must nominate, senate must confirm, and lastly (by law) the president must appoint (sign off/commision signature) . If anyone one of those processes is found not to have happened, then the judge has assumed the bench unlawfully.
If the presidency changed before this was discovered and fixed, the new president could refuse to complete the appointment — and the Supreme Court would almost certainly be forced to intervene to preserve judicial stability.
If trump would refuse to commission kbj , or any other biden judge, the judge would have to vacate immediately, regardless of how long they had been acting under the assumption of being appointed.
SCOTUS , or congress, can not force trump to sign off on the judges, and if the Court compelled the president to sign would mean forcing the executive to exercise a constitutional power — that would violate separation of powers. this all goes back to case law…
The commission signature (or other formal act of appointment) is the moment the judge legally becomes a federal officer. Confirmation alone isn’t enough — the Supreme Court ruled this in Marbury v. Madison (1803), the foundational case on commissions.
This will clearly create a shit storm and constitutional crisis, and inlook forward to what creative nazi like slur we will be called, but i can not wait because it is going to be epic watching rogue judges get stripped… better than muhpeachmintz
In order for a judge to take the bench, article 2 ection 2 states that a president must nominate, senate must confirm, and lastly (by law) the president must appoint (sign off/commision signature) . If anyone one of those processes is found not to have happened, then the judge has assumed the bench unlawfully.
If the presidency changed before this was discovered and fixed, the new president could refuse to complete the appointment — and the Supreme Court would almost certainly be forced to intervene to preserve judicial stability.
If trump would refuse to commission kbj , or any other biden judge, the judge would have to vacate immediately, regardless of how long they had been acting under the assumption of being appointed.
SCOTUS , or congress, can not force trump to sign off on the judges, and if the Court compelled the president to sign would mean forcing the executive to exercise a constitutional power — that would violate separation of powers. this all goes back to case law… The commission signature (or other formal act of appointment) is the moment the judge legally becomes a federal officer. Confirmation alone isn’t enough — the Supreme Court ruled this in Marbury v. Madison (1803), the foundational case on commissions.
This will clearly create a shit storm and constitutional crisis, and inlook forward to what creative nazi like slur we will be called, but i can not wait because it is going to be epic watching rogue judges get stripped… better than muhpeachmintz