Reading Room Document
Authority of the President to Prospectively Appoint a Supreme Court Justice
If the Senate votes to confirm Judge Ketanji Brown Jackson as an Associate Justice of the Supreme Court, the President may complete her appointment to the Supreme Court by signing her commission before Justice Breyer's resignation takes effect. The original opinion is available at https://www.justice.gov/olc/file/1494816/download.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit