81 yr old Federal judge changes his mind about stepping down, eliminating vacancy for Biden to fill

[Demovictory9]

A federal judge who announced in August that he would step down from active service has informed the White House he changed his mind, eliminating a vacancy on the bench President Biden could fill.

Robert King, 81, who serves with the 4th U.S. Circuit Court of Appeals in Richmond, Va., told Biden he would not be taking senior status after all in a letter obtained by Reuters.

"After careful consideration, I have decided to continue for the foreseeable future in regular active service," King said in the letter.

King also apologized to the president for the "inconvenience." Per Reuters, he did not give a reason for reversing his prior decision.

https://www.msn.com/en-us/news/politics/federal-judge-changes-his-mind-about-stepping-down-eliminating-vacancy-for-biden-to-fill/ar-AAR6a0D

[deminks]

1. Careful consideration?

$$$$$$$
or


The insurrection party is not above either method of consideration. See Anthony Kennedy.

[Generic Brad]

3. How much is enough at 81?

You can't take it with you!

[GoCubsGo]

2. Exhibit A of why we need to end lifetime appointments for judges.

Top to bottom.

[Wounded Bear]

4. Good luck with that, it's in the Constitution...

[ColinC]

5. Last I checked it could be changed

[onenote]

6. Cite?

The Supreme Court thinks otherwise:
See, e.g., United States ex rel. Toth v. Quarles, 350 U.S. 11, 16 (1955) (explaining that Article III courts “are presided over by judges appointed for life, subject only to removal by impeachment”); N. Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50, 59 (1982) (plurality opinion of Brennan, J.) (“The ‘good Behaviour’ Clause guarantees that Art[icle] III judges shall enjoy life tenure, subject only to removal by impeachment.”); United States v. Hatter, 532 U.S. 557, 567 (2001) (explaining that the Good Behavior Clause grants federal judges “the practical equivalent of life tenure”).

[ColinC]

7. The constitution can be changed by any amendment.

Which can be added by a 2/3rds majority by both houses or approval by 2/3rds of the states. Or something like that.


Edited to add link: https://www.archives.gov/federal-register/constitution#:~:text=The%20Constitution%20provides%20that%20an,thirds%20of%20the%20State%20legislatures.

[onenote]

8. Yes. The Constitution can be amended.

It requires 2/3 of both houses AND 3/4 of all states. Or the calling of a constitutional convention (which could be a complete disaster) by 2/3 of the states.

Not going to happen because at any given point in time it would impact more judges appointed from one party or the other.
For example, a required retirement at age 75 would have given Trump 10 more Circuit court vacancies to fill, a majority of which were held by Clinton or Obama appointees. It also would have given Trump another Supreme Court vacancy (Souter), plus Thomas might have retired between election day and inauguration day allowing the Republican Senate to ram through a replacement before Biden took office.

[ColinC]

9. Not likely to happen, agreed.

But that doesn't mean it can't, of course.


I think if it is going to happen, it would require a mass movement that unites politicians of both parties to get it to happen... Also a very unlikely possibility.