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Thu Nov 25, 2021, 08:03 AM

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

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

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Reply 81 yr old Federal judge changes his mind about stepping down, eliminating vacancy for Biden to fill (Original post)
Demovictory9 Thursday OP
deminks Thursday #1
Generic Brad Thursday #3
GoCubsGo Thursday #2
Wounded Bear Thursday #4
ColinC Thursday #5
onenote Thursday #6
ColinC Thursday #7
onenote Thursday #8
ColinC Thursday #9

Response to Demovictory9 (Original post)

Thu Nov 25, 2021, 08:17 AM

1. Careful consideration?

$$$$$$$
or


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

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Response to deminks (Reply #1)

Thu Nov 25, 2021, 08:42 AM

3. How much is enough at 81?

You can't take it with you!

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Response to Demovictory9 (Original post)

Thu Nov 25, 2021, 08:37 AM

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

Top to bottom.

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Response to GoCubsGo (Reply #2)

Thu Nov 25, 2021, 10:53 AM

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

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Response to Wounded Bear (Reply #4)

Thu Nov 25, 2021, 01:52 PM

5. Last I checked it could be changed

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Response to ColinC (Reply #5)

Thu Nov 25, 2021, 02:20 PM

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”).

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Response to onenote (Reply #6)

Thu Nov 25, 2021, 02:26 PM

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.

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Response to ColinC (Reply #7)

Thu Nov 25, 2021, 02:34 PM

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.

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Response to onenote (Reply #8)

Thu Nov 25, 2021, 02:37 PM

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.

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