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ArcticStones's avatar

Better yet, divine intervention in the form of old age and ill health may well retire Alito and Thomas. I would love to see Trump unable to fill these two SCOTUS seats, shifting the balance of the court for his last two years – and then have the next Democratic President name their replacements!

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bpfish's avatar

Dems would have to not only win the Senate but also find the courage to play hardball and defy the Constitution in order to fight fire with fire. However, since McConnell set the precedent and went first, which Dems would never have done themselves, I'm fairly confident even traditionalist Dems will refuse to fill Supreme Court seats with nominees from Republican presidents.

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MPC's avatar

Schumer could give him a list of Biden nominees and refuse any Federalist Society picks from the WH. Play hardball and say "you can pick these judges or we won't confirm ANYONE."

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ArcticStones's avatar

Pick one of these judges or – true to the tradition established by Mitch McConnell – we won’t even give your nominee a hearing. (Except, perhaps, to eviscerate them and highlight how they’re unqualified, before rejecting them.)

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JanusIanitos's avatar

I agree on what dems should do in that scenario. I am far less confident in Schumer's actually committing to it. Refusing to commit to long fights that go against political tradition is a habit he's making...

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michaelflutist's avatar

There's nothing in the constitution that requires the Senate to approve any nominees, and on the contrary, the Founding Fathers expected each branch of government to jealously guard its power, which Congress hasn't been doing under a trifecta.

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