Former President Barack Obama urged Senate Republicans late Friday following the death of Supreme Court Justice Ruth Bader Ginsburg to wait to fill the late liberal justice’s seat until after inauguration day.
That’s clearly what he’s planning. But it’s risky. Push it through before the election, they very well could lose every single last one of the endangered Senate seats, plus a few surprises. Push it through after election, when the Senate will ostensibly have a new Democratic majority in waiting, and Mitch’s rule no longer applies because, oh yeah, now he says it’s only a rule when the Senate and the Presidency are not of the same party.
This is a nightmare but perhaps with enough voices, including The Lincoln Project and othe R anti trump groups, putting pressure on the R’s that made the stand against Garland because of election timing there can be enough that will stand up and say no to McConnel/Trump.
You can’t shame someone who has no capacity for shame — in this sense Mango Mussolini, LowBarr and Yertle are brothers from different mothers. They are all gaping empty husks.
There’s a Politico article raising the possibility that Trump may wait to announce a SCOTUS pick until after the election – “Vote for me because you don’t get your judge unless I win.” Everything is transactional with him, so I wouldn’t put it past him.
Not sure he can stall McConnell for that long, but I still think the window is too short and McConnell may not have enough Senators on board to confirm the nomination. He’ll try it anyway of course.
If they manage to get their choice seated, the immediate response needs to be expanding the court by two or three seats after Biden takes office, as Josh discusses in the EdBlog. I never thought that was a good idea, but we won’t have any other choice as a response.
It’s falsely generous to say McConnell is merely being inconsistent. He’s not just responding differently to two similar cases. The cases are crucially different. After Scalia died McConnell held the seat open for 11 and a half months. Now he wants to fill it in 5 weeks. It took 10 weeks to go from the nomination of Gorsuch to seating him on the court.
What McConnell is doing is of course hypocritical. But it’s also outrageous on its own terms.
Imagine what this is doing inside that orange head. Either way HE is not going to be the center of the media storm for awhile. There are only a few weeks left to get his dirty shots off, and everyone’s looking at someone/something else. I smell desperation of the extreme sort.
Militia to clear out the mourners with death rays and bayonets?
IANAL, but my understanding is that the Constitution doesn’t specify the number of seats on the court. Congress expanded it last time and could do it again. I’m not sure the current SCOTUS could block that. Maybe someone else more knowledgeable can chime in on this.