Season 2, Episode 16 (Show 68): Is Jackson Commissioned?

April 19, 2022

There’s a confirmation conundrum flowing from Justice Breyer’s problematic resignation letter.  It hasn’t reached the mainstream press, but we are on top of it, with an in-depth look at the possible problems and pitfalls.  We also wrap up the Senatorial sound bites. 

Justice Breyer’s unusually worded “resignation letter” raises a host of constitutional questions that perhaps he did not intend.  Who is asking them?  We are.  A cascade of confusion – from resignation to confirmation to reconsideration to commission to oath.  The Biden Administration says we should ask William Rehnquist about it, because he told us the answer.  Except he didn’t.  Listen to it all, and while we’re at it, we also wind up our clips from the hearings with contrasting Senators (understatement) – and Dean Vik Amar drops in to help with it all.  A jam-packed episode this week!