Re:Ruth Bader Ginsburg has died
by cwhiz on Friday September 18, 2020 @08:22PM
(#24523345)
Trump may try, but it will be interesting to hear the reasoning to rush it before November 4. If Trump is going to win, as he says he is, there is no need to rush.
I believe there is no precedent for the Senate confirming a Supreme Court justice in a lame duck session. If Trump loses to Biden and the Senate then confirms a Trump nominee in a lame duck session, that will probably be the end of the Supreme Court. I’d expect Biden and Harris to just stack the Court, and it to devolve from there.
Remember, there is no law requiring nine justices. Just a handshake agreement and precedent. FDR threatened the stack the Court unless he got his way. And who would ultimately determine the legality of stacking the Court? You guessed it, the Supreme Court.
I believe there is no precedent for the Senate confirming a Supreme Court justice in a lame duck session. If Trump loses to Biden and the Senate then confirms a Trump nominee in a lame duck session, that will probably be the end of the Supreme Court. I’d expect Biden and Harris to just stack the Court, and it to devolve from there.
Remember, there is no law requiring nine justices. Just a handshake agreement and precedent. FDR threatened the stack the Court unless he got his way. And who would ultimately determine the legality of stacking the Court? You guessed it, the Supreme Court.