•   
  •   
  •   

Politics Filling the Supreme Court vacancy: 4 scenarios

20:00  22 september  2020
20:00  22 september  2020 Source:   thehill.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.

On September 19, the death of U.S. Supreme Court Justice Ruth Bader Ginsburg kicked off immediate speculation as to whether President Donald Trump would be able to replace her as his term draws to a close.

fill Supreme Court vacancy MORE (Utah) and the late Sen. John McCain John Sidney McCain Kelly's lead Speculation over the possibility of a Supreme Court confirmation battle has picked up in recent days after That’s perhaps is a different scenario ,” he said. Sen. Josh Hawley Joshua (Josh) David

The Supreme Court vacancy caused by Justice Ruth Bader Ginsburg's death has caused a political crisis. Republicans, eager to cement control of the court, will want to confirm President Trump's nominee for the position. Democrats, still angry about Senate Majority Leader Mitch McConnell's (R-Ky.) refusal to allow a vote on President Obama's nomination of Merrick Garland to the seat created by the death of Justice Antonin Scalia, will do everything possible to keep the seat open so that it can be filled by Democratic nominee Joe Biden if he wins the election.

Is 8 enough? Court vacancy could roil possible election case

  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.

Supreme Court justice Ruth Bader Ginsburg's death has roiled the US presidential race, with the battle over her replacement looming large in swing states Michelle Burns, a stay-at-home mother of six in the small city of Monroe, in southern Michigan, said "it's God's will" that Trump fill the court vacancy

The death of Ruth Bader Ginsburg on September 18, 2020, created a vacancy on the Supreme Court of the United States. Ginsburg had served on the court as an Associate Justice since 1993

a large wooden bench in front of a building: Filling the Supreme Court vacancy: 4 scenarios © Collection of the Supreme Court of the United States Filling the Supreme Court vacancy: 4 scenarios

The Republicans control both the presidency and the Senate and therefore have the ability to fill the seat. Purely as an exercise of political power, however, whether they in fact fill the seat will likely be determined by the outcome of the November election on the presidency and on control of the Senate.

Republicans likely will not fill the seat if Biden wins the presidency and if Democrats win control of both houses of Congress, because Democrats would be in a position to pack the court and otherwise retaliate for what they see as the theft of the Garland seat. In all other scenarios, Republicans are likely to fill the vacant seat during the lame-duck session of Congress that will follow the election.

Fact check: Viral posts falsely claim Ruth Bader Ginsburg had already died

  Fact check: Viral posts falsely claim Ruth Bader Ginsburg had already died Supreme Court Justice Ruth Bader Ginsburg died Sept. 18, but some viral posts falsely claim she died up to 2 years ago.Ruth Bader Ginsburg reflects on being 'notorious' in first appearance since cancer treatment

Sen. Ron Johnson, R-Oshkosh, speaks to reporters in Madison on Feb. 24, 2016, about his support for the Senate GOP stance to not hold hearings or votes on

President Trump is planning to spend the weekend at his golf resort in Bedminster, New Jersey. But he and his staff are aiming to announce a replacement for

As an initial matter, it is almost certain that Trump will nominate someone - most likely Amy Coney Barrett or Barbara Lagoa - to fill the vacancy. There are no political downsides for him to do so.

McConnell likely will not bring the vote to the floor before the election, because doing so would place several Republican senators who are up for reelection in danger. He still has plenty of time to bring the nomination to a vote in the lame-duck session. Look for Republican senators to talk about not voting until after the election, but to carefully not say anything about holding off until after inauguration.

What happens next will depend on which of the following four scenarios unfolds:

Scenario 1: Trump wins, and Republicans keep control of the Senate. The nomination will be confirmed, and the timing doesn't really matter much.

Scenario 2: Trump wins, and Democrats take control of the Senate. This is a very unlikely scenario politically but plausible if Trump secures a very narrow win in the Electoral College. In this scenario, McConnell will try to bring the nomination to a vote during the lame-duck session while Republicans still control the Senate because the political consequences of confirming a reelected president's nominee would be very low.

Supreme Court is shorthanded but could play key role in election

  Supreme Court is shorthanded but could play key role in election The death of Justice Ruth Bader Ginsburg adds a new layer of intrigue to a pandemic-infused election that's been challenged from Alabama to Wisconsin.On SCOTUS ‘all Democrats can do is plan retaliation’ expert says

Supreme Court Justices Ruth Bader Ginsburg, left, and Anthony M. Kennedy, and Chief Justice John G. Roberts Jr., attend a private — Chief Justice John G. Roberts Jr. on Wednesday shrugged off any difficulty the Supreme Court might be having reaching consensus with an equal number of

The Supreme Court ’s oldest members are Justice Ruth Bader Ginsburg, 86, and Justice Stephen Breyer, 80, both Democratic appointees. Critics said those precedents were based on the fact that high court vacancies during a presidential election year are rare, and that his refusal to allow a vote

Scenario 3: Biden wins, and Republicans keep the Senate. In this scenario, McConnell will again try to bring the nomination to a vote in the lame-duck session. The nominee will likely be confirmed because Republican senators in close races in November will not have much fear of political consequences whether they win or lose. Because Republicans will control the Senate, there won't be a fear of the Democrats going nuclear in retaliation, as could happen in the next scenario.

Scenario 4: Biden wins, and Democrats take the Senate. In this scenario, there is a good chance that McConnell will not bring the nominee to a vote. To be sure, McConnell sees the courts as his legacy and would really want to fill the seat before Republicans lose control of the Senate. In this scenario, however, Democrats would be in a strong position to retaliate and pack the Court. Packing the Court is not hard constitutionally - Congress could simply pass a law adding four seats to the Supreme Court. It is, however, very hard to do politically, because the party packing the court would be seen as violating the longstanding tradition that the court has nine members.

Fact check: Ruth Bader Ginsburg planned to stay on Supreme Court at least a few more years

  Fact check: Ruth Bader Ginsburg planned to stay on Supreme Court at least a few more years A viral meme suggesting that Ruth Bader Ginsburg said her Supreme Court seat should have been vacated in 2019 is false.Trump casts doubt on Ginsburg's dying wish

While no one says they expect a Supreme Court vacancy , GOP senators also acknowledge it’s plausible that Trump could find himself with a third In that hypothetical scenario , the GOP would need the support of 50 of its 53-member majority to fill a vacancy . Vice President Mike Pence can

In this week's address, retired Federal Judge Timothy Lewis joined Vice President Joe Biden to discuss the nomination of Chief Judge Merrick Garland to the

Not bringing the Garland nomination to a vote in 2016 was a naked power play that violated a different set of norms and understandings concerning the Supreme Court. If McConnell now brings President Trump's nominee to a vote in violation of the principle he articulated in 2016 when justifying his refusal to bring Merrick Garland's nomination to a vote, it would give Democrats the political cover to go with naked power plays of their own: eliminating the filibuster, packing the Supreme Court and voting for statehood for Washington D.C. and Puerto Rico.

On the other hand, if the Republicans keep the seat open in this scenario, then the political case for Democrats packing the court is essentially eliminated. The perceived injustice of the Republicans' refusal to vote on Obama's nomination of Garland will have been met - an eye for an eye - by the Senate not proceeding on Trump's nomination to fill the current vacancy. As much as McConnell wants to fill the seat, he would likely prioritize maintaining the status quo - where there is a current 5-4 conservative majority on the Supreme Court - and reducing the pressure on moderate Democratic senators to go nuclear in retaliation.

D. Benjamin Barros is dean and professor of law at the University of Toledo College of Law.

Trump nominates Amy Coney Barrett to the Supreme Court. What happens next in Senate confirmation process .
Now that Trump has named Amy Coney Barrett as his nominee to the Supreme Court, the Senate can start its nomination process.How will President Trump's Supreme Court nomination impact Ohio voters?

usr: 0
This is interesting!