Here is what I understand would be the conventional language of the commission by which President Biden would appoint Judge Ketanji Brown Jackson as a Supreme Court justice when Justice Breyer vacates his seat:
Know Ye That reposing special trust and confidence in the Wisdom, Uprightness, and Learning of Ketanji Brown Jackson, of the District of Columbia, I have nominated and, by and with the advice and consent of the Senate, do appoint her an Associate Justice of the Supreme Court of the United States and do authorize and empower her to execute and fulfil the duties of that Office according to the Constitution and laws of the said United States and to Have and to Hold the said Office, with all the powers, privileges, and emoluments to the same of right appertaining, unto her the said Ketanji Brown Jackson during her good behavior. [Underlining added.]
If Biden has actually purported to issue a commission to Jackson that contains this language, he is making a mockery of its solemn language. For until such time as Breyer vacates his seat, Biden has no power to “authorize and empower [Jackson] to execute and fulfil the duties” of the office of associate justice or to confer “all the powers, privileges, and emoluments” that come with it. His commission would therefore be a nullity.
If Biden has purported to issue a commission to Jackson with substantially different language, I’d be eager to see it. (It would also be a nullity.)
I continue to hold out hope that this White House has not been so incompetent as to allow Biden to issue a commission to Jackson before Breyer vacates his seat.
I’ll note further that the Supreme Court, unlike the badly confused Federal Judicial Center, does not list Jackson among its current members.