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Politics Democrats face limited options to stop Trump from replacing Ginsburg

02:00  21 september  2020
02:00  21 september  2020 Source:   nbcnews.com

McConnell vows quick vote on next justice; Biden says wait

  McConnell vows quick vote on next justice; Biden says wait WASHINGTON (AP) — The death of Supreme Court Justice Ruth Bader Ginsburg just six weeks before the election cast an immediate spotlight on the crucial high court vacancy, with Senate Majority Leader Mitch McConnell quickly vowing to bring to a vote whoever President Donald Trump nominates. Democratic nominee Joe Biden vigorously disagreed, declaring that "voters should pick the president and the president should pick the justice to consider.” require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); McConnell, who sets the calendar in the U.S.

Democrats are confronted with the challenge of how to stop a Trump Supreme Court nomination. WASHINGTON — With President Donald Trump and Senate Republicans gearing up to rapidly fill a Supreme Court seat vacated by the death of Justice Ruth Bader Ginsburg , Democrats are

Democrats ' last hope to stop Trump from replacing Ruth Bader Ginsburg rests with a handful of Republican senators. Maine Sen. Susan Collins, who is facing a tough reelection fight, said she would not vote to confirm a Supreme Court justice in October, and she would also not vote to seat a

WASHINGTON — With President Donald Trump and Senate Republicans gearing up to rapidly fill a Supreme Court seat vacated by the death of Justice Ruth Bader Ginsburg, Democrats are confronted with the daunting challenge of how to stop them and honor the liberal icon's dying wish.

Chuck Schumer wearing a suit and tie © Provided by NBC News

But there's not much they can do to stop a nomination.

Senate Republicans have a 53 to 47 majority, and they abolished the filibuster for Supreme Court nominations in 2017. They can confirm a new justice even if they lose three of their own members and win zero Democrats (in which case, Vice President Mike Pence would cast the tie-breaking vote.)

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Trump won all four states in 2016, although polls show Democratic nominee Joe Biden competitive or leading in each. The ad leads with Ginsburg 's dying wish The ad goes on to say that "Donald Trump wants to replace her with another Supreme Court justice before the election, against her dying wish."

Democrats would need to convince four Republicans to vote against the nomination to block it. Failing that, progressives say their only method of retaliation would be to capture the White House and Congress and add seats to the Supreme Court.

Democrats would need to convince four Republicans to vote against the nomination to block it. Failing that, progressives say their only method of retaliation would be to capture the White House and Congress and add seats to the Supreme Court.

On a call with Democratic senators Saturday, Senate Minority Leader Chuck Schumer, D-N.Y., who would take over the chamber if his party wins control, kept that option open.

"Let me be clear: if Leader McConnell and Senate Republicans move forward with this, then nothing is off the table for next year. Nothing is off the table," he said, according to a source on the call.

Schumer wasn’t specific but Democratic aides interpreted his remarks as a reference to expanding the number of seats on the court. Congress has changed the size of the court before — but not since 1869, when it was last expanded from seven to nine.

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  Is 8 enough? Court vacancy could roil possible election case WASHINGTON (AP) — Justice Ruth Bader Ginsburg's death has left the Supreme Court shorthanded during a polarizing presidential campaign in which President Donald Trump has already suggested he may not accept the outcome and the court could be called on to step in and decide the fate of the nation. It's the second time in four years that a justice has died during an election year, though that eight-justice court was not asked to referee any election disputes in 2016. Today, both sides have armies of lawyers ready to take the outcome to court.

Democrats would need to convince four Republicans to vote against the nomination to block it. Failing that, progressives say their only method of retaliation would be to capture the White House and Congress and add seats to the Supreme Court. On a call with Democratic senators Saturday, Senate

Democrats would need to convince four Republicans to vote against the nomination to block it. Failing that, progressives say their only method of retaliation would be to capture the White House and Congress and add seats to the Supreme Court.

The news of Ginsburg's death shook the party as the Senate is already dealing with stalled negotiations on another round of coronavirus relief legislation, an upcoming government funding deadline and elections that will determine which party controls Congress.

After the news broke, a number of senators started a text chain strategizing their response, which a person familiar with the communications described as "robust and passionate."

Senate Democrats are also exploring the idea of a vigil on the steps of the Supreme Court this coming week to honor Ginsburg, whose legal achievements could be unraveled by a potential 6-3 conservative majority.

Inside the Democratic caucus, opinions are mixed about whether they'd retaliate if Trump succeeds in placing another justice on the court.

One Senate Democratic aide said a Supreme Court expansion was a "real possibility."

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Democrats would need to convince four Republicans to vote against the nomination to block it. Failing that, progressives say their only method of retaliation would be to capture the White House and Congress and add seats to the Supreme Court.

Trump ’s comments come after Democrat Senate Minority Leader Charles Schumer (D-NY) completely skipped over honoring Ginsburg in his initial statement following her death, and instead jumped straight into politics. In his first tweet on Ginsburg ’s passing, Schumer wrote: “The American people should

"I think this will radicalize moderates," the aide said. "And people who you would never think would be open to this will be."

But a different aide said court expansion was "empty talk" from the party leadership, lamenting that Democrats are "never going to get enough votes from moderates to make it happen."

'Add some seats to the Supreme Court'

A Democratic senator insisted the nomination can be stopped, and said it was too early to talk about retaliation. "I’m not there yet. I’m trying to win," said the senator, who spoke on condition of anonymity. Asked how the party could flip four Republicans, the senator said: "One at a time."

Expanding the court would likely require abolishing the 60-vote rule to advance legislation, which many Democrats are hesitant to do. Schumer recently gave the same answer when asked if he'd end the filibuster to advance progressive priorities: "Nothing's off the table."

The stakes are enormous.

Obamacare is headed back to the Supreme Court one week after Election Day in deep peril, as Ginsburg's death leaves four votes who upheld the law in 2012. And some Republicans are insisting on replacing Ginsburg with a jurist who opposes Roe v. Wade, which made abortion a right.

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Mr. Biden and other Democrats are facing pressure from some progressives to add seats to the court if Mr. Trump succeeds in installing a nominee and pushing the court’s ideological tilt further to the right. Before Justice Ginsburg ’s death, Mr. Biden had firmly opposed adding more justices.

Left has officially launched the civil war against America and the Constitution as Trump readies to nominate a new Supreme Court Justice. Owen Shroyer breaks down the left’s over-the-top threats against America if President Trump successfully replaces the late Justice Ruth Bader Ginsburg , with

Former Sen. Barbara Boxer, a California Democrat, said Saturday on MSNBC that if Republicans replace Ginsburg this year after refusing to consider President Barack Obama's nominee in 2016, it would be "enough, frankly, to get the Democrats to do what they would have to do, which is to change the structure of how we do business, and yes, perhaps add some seats to the Supreme Court."

The election is in 44 days, but the next Congress isn't sworn in for 106 days. Republicans could use the lame duck session to confirm a justice. Some conservatives expect a confirmation hearing before the Nov. 3 election and a final vote after the election.

Democrats are pointing to statements from Republicans such as Senate Judiciary Chair Lindsey Graham, R-S.C., who invited Democrats to "use my words against me" if his party tried to confirm a nominee in 2020 during election season after refusing to do the same in 2016.

A GOP senator, who spoke about strategy on condition of anonymity, said the party "will have to listen carefully to the vulnerable members on the ballot before cementing a schedule," but expected a Trump-picked justice to be confirmed this year.

Democrats see their likeliest GOP targets for defection as Sen. Susan Collins of Maine, who faces a tough re-election race this fall, as well as institutionalists like Sen. Lisa Murkowski of Alaska, Sen. Mitt Romney of Utah and Sen. Lamar Alexander of Tennessee.

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Some Republican incumbents facing tough campaigns this fall, including Sen. Martha McSally of Arizona and Sen. Thom Tillis of North Carolina, have called for voting on Trump's nominee this year. Others, such as Sen. Cory Gardner or Colorado, have stayed mum since her death Friday.

"Our number one goal must be to communicate the stakes of this Supreme Court fight to the American people," Schumer told Democrats on the Saturday call. "Everything Americans value is at stake. Health care, protections for pre-existing conditions, women’s rights, gay rights, workers’ rights, labor rights, voting rights, civil rights, climate change, and so much else is at risk."


Video: Murkowski won’t support SCOTUS vote before election (NBC News)

Trump embraces political battle with pick of Amy Coney Barrett, a conservative favorite, for Supreme Court .
Trump's nomination of Barrett will be a major campaign issue, coming just three days before his first debate with Democratic challenger Joe Biden. “This nomination is an attack on our very democracy," said Ilyse Hogue, president of NARAL Pro-Choice America. Republicans and conservative allies applauded Barrett as a strict constructionist who will interpret the Constitution and not make law from the bench. "Judge Barrett has impressed the brightest judicial and legal minds with her profound understanding of the law," tweeted Sen. John Cornyn, R-Tex.

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