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Justice Ketanji Brown-Jackson could be in danger of losing her seat if a staffer used the autopen to sign the commission for Article III judges.
#DC
This after President Donald Trump announced that he will be invalidating any documents that were signed with the autopen.
Some are now saying that this could potentially include hundreds of federal judicial commissions.
Trump says that up to 92% of Biden's documents were signed with the autopen, and without his personal approval or knowledge, rendering them "null and void" under longstanding federal law.
Among the high-profile figures potentially affected is Supreme Court Justice Jackson, whose 2022 commission was signed during Biden's early-term push for DEI.
#Trump
Trump frames the autopen controversy as a "shadow government" scandal, accusing Biden's aides of exploiting the 82-year-old Democrat's cognitive decline to bypass constitutional safeguards.
"The Radical Left Lunatics circling Biden around the beautiful Resolute Desk in the Oval Office took the Presidency away from him," Trump said, promising perjury charges against Biden if he denies staff overreach.
The president's plan builds on statutes tracing back to 1792, and codified today which mandate that judicial commissions be "signed by the President" and sealed with the Great Seal of the United States.
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Article II, Section 3 of the Constitution reinforces this by requiring the president to "commission all the officers of the United States."
In the landmark case Marbury v. Madison, Chief Justice John Marshall ruled that a signed commission completes an appointment, vesting the officeholder with authority—implying that the autopen could jeopardize enforceability.
Biden appointed 235 Article III judges during his term, embedding progressive priorities into the federal courts for generations.
Conservatives argue many selections, including Jackson's, were based on ideological alignment over rigorous vetting, contributing to rulings perceived as activist on issues like immigration and Second Amendment rights.
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