The Supreme Court on Thursday appeared to concede the practical reality that a ninth Justice will not be approved for the bench until several weeks into the new Trump administration.
Lyle Denniston's posts.
The new Trump administration will be in office only 11 days when it must take its first position on a constitutional issue, arising in a major Supreme Court case on prolonged detention of immigrants in prison-like conditions.
The effort by a New Mexico lawyer to force a Senate vote on the Supreme Court nomination of Judge Merrick B. Garland may have reached its final point on Monday morning, as Chief Justice John G. Roberts, Jr., refused the request.
Lyle Denniston, Constitution Daily’s Supreme Court correspondent, says that unanswered constitutional questions about the president’s acceptance of financial gifts or things of value from foreign governments might reside in the White House itself.
Using an unusual power, the Supreme Court on Thursday afternoon suddenly turned an important case on government detention of foreign nationals from a review of federal statutes into a full-blown constitutional controversy.