President Joe Biden promised Black voters Wednesday that he would appoint progressives to the US Supreme Court if elected to a second term, suggesting he expects vacancies on the high court over the next four years.
“The next president, they’re going to be able to appoint a couple justices, and I’ll be damned — if in fact we’re able to change some of the justices when they retire and put in really progressive judges like we’ve always had, tell me that won’t change your life,” he said during a campaign rally in Philadelphia.
It was as explicit a warning as Biden could offer about the stakes of the upcoming election, and a clear reminder that some of the nine justices have entered their seventies.
Clarence Thomas is 75 and Samuel Alito is 74; both are conservative and appointed by Republican presidents. Sonia Sotomayor, a liberal who was nominated by President Barack Obama, turns 70 next month.
While it’s POSSIBLE there will be vacancies in the next presidential term, the two oldest, Thomas and Alito, will still be younger in 2028 than Biden is now.
So I wouldn’t exactly hold my breath on Biden getting the picks.
Whoever serves from '28 to '32 will likely get to replace both Thomas and Alito, then the next two oldest are Roberts and Sotomayor.
According to Trump’s lawyers, Biden could use Seal Team Six to … create some vacancies.
Clearly never going to happen, but it’s too silly of an actual legal argument to ignore.