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Gaming out future SCOTUS nominations


A likely outcome of November’s election, assuming it isn’t canceled, is a Biden presidency with the Republicans clinging to a slight Senate majority. (Another definite possibility would be a 50-50 Senate split, which would create all sorts of difficult dynamics in regard to how to manage the problem of negotiating with the most rightward Democrat in the chamber.)

In anything like this scenario, getting judicial nominations of any kind through the Senate will be tough, as we can be certain McConnell will go full obstructionist. But the problem will be especially acute, of course, in regard to SCOTUS nominees.

What would be the best way to handle this? I’m just throwing this out as a suggestion: Shortly after Biden takes office, Ginsburg and Breyer should submit letters of resignation, effective upon the confirmation of their successors. This would turn the GOP blockade of the people nominated to replace them into an ongoing front and center political issue. I doubt it would generate enough pressure to break the blockade — the GOP is a Leninist party at this point — but it could provide a critical boost in the 2022 midterms, which are likely to be very rough for the Democrats. (The country is likely to be a complete mess over the next couple of years, and of course the party controlling the White House will get blamed for that, especially since the Liberal Media will be itching to restore “balance” to its coverage, now that a literal madman won’t be in the Oval Office.)

Other than that I got nothing.

Seriously, it seems clear that until a major reconstitution of either the Supreme Court or the entire US political system takes place, no SCOTUS seat will be filled going forward unless one party controls both the presidency and the Senate — the Democrats are not Leninists (yet), but at some point you have to play tit for tat, and that point is obviously now. In another decade or two the whole thing will have collapsed, and the inability of Biden to replace Ginsburg and Breyer may well end up being a watershed moment in that process.

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