Just going to leave this here:
I wanted to take yesterday to mourn the loss of Justice Ruth Bader Ginsburg but I did not want to waste time bring this up. The Atlantic is already showing us what we are in store for:
In Washington, the vacancy fight could ratchet up tensions to a level unseen even in the tumultuous Trump era. President Donald Trump will be eager to fill Ginsburg’s seat immediately, seizing an opportunity to rally his base before the election and to cement his legacy in the event he is defeated in November. He could also become the first president since Richard Nixon to install three justices on the high court in a single four-year term. Senate Majority Leader Mitch McConnell has already indicated he’s ready for another confirmation battle, either before or immediately after the election. Republicans might be hard-pressed to consider and approve a Trump nominee in the eight weeks before November, but even a victory by Vice President Joe Biden and a Democratic takeover of the Senate might not prevent Trump from successfully appointing another justice. Republicans would still control both the White House and the Senate until a new Congress takes office in early January.
Moreover, McConnell has insisted that the precedent he created to deny former President Barack Obama’s nomination of Judge Merrick Garland in the final year of Obama’s term—in a vacancy that occurred nearly nine months before the 2016 election—no longer applies, because the same party controls both the White House and the Senate majority. “Oh, we’d fill it,” the Kentucky Republican promised in May 2019, more than a year before Ginsburg announced the cancer recurrence that took her life. Never mind that the rationale McConnell gave at the time—that voters should have the chance to weigh in on their next Supreme Court justice—would seem to apply even more strongly during an election in which the first ballots have already been mailed.
The more salient question is not whether McConnell would try to confirm Trump’s nominee but whether his GOP majority would go along with it—either before the election ends in November or in a lame-duck session of Congress afterward. A number of Republican senators have already said they’d want to fill a Supreme Court vacancy if Trump is still in office. But McConnell would need the votes of 50 out of his 52 members to allow Vice President Mike Pence to break a tie (assuming all Democrats voted against Trump’s nominee), and the numbers may not be on his side. One Republican, Senator Lisa Murkowski of Alaska, already voted against the president’s last Supreme Court nominee, Brett Kavanaugh, who won confirmation by a single vote in 2018. Another, Senator Susan Collins of Maine, supported Kavanaugh but is now in danger of losing her bid for a sixth term this fall. And a third Republican, Senator Mitt Romney of Utah, voted to convict Trump during the president’s impeachment trial earlier this year; having already tried to remove Trump from office, Romney might be disinclined to give him another lifetime appointment to the Supreme Court.
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