The next Congress and the Supreme Court - UPDATE
Last edited Thu Nov 9, 2023, 10:05 PM - Edit history (5)
Going by the book, I think the earliest the Supreme Court may have more justices appointed by Democrats than by Republicans will be in January of 2025 after the 2024 elections when the Democratic party may have controlling numbers in both the House and Senate, and after the next congress is sworn in on or around January 3 2025 as per the Constitution wherein it is ordered that Congress convene at noon on January 3 in each odd numbered year, unless it has passed a law allowing for Congress to convene on a different day or time (20th Amendment, Section 2).
Can 2 be replaced before January 20, 2025?
Most of what follows can be found here:
https://www.supremecourt.gov/about/faq_general.aspx
The justice to administer the oath of office taken by the president elect is selected by the president, but must be approved by a majority of the Senate in session before assuming the office.
It is only custom for a president to be sworn in to office by the chief justice. If the next president elect were to be Biden or Harris they could select any justice other than Roberts to conduct the ceremony. Perhaps one of the female justices.
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