ext_17567 ([identity profile] mmcirvin.livejournal.com) wrote in [personal profile] james_davis_nicoll 2016-02-14 03:18 pm (UTC)

I think it's likely that as long as the Senate is Republican-controlled, they will simply decide to confirm nobody appointed by a Democrat from now on, and it'll become the new normal that the Senate never confirms SCOTUS appointees from a President of the opposing party.

Just as it became the new normal that you need 60 votes to pass legislation.

I suppose they could even decide that they'll blanket-filibuster all nominees from the opposing party, meaning that the President would always need a 60-vote supermajority to appoint a Justice. But I suspect that instead the filibuster for Supreme Court nominees is going to go away the moment the President and Senate majority are of the same party. It's already gone for other political appointees (in fact, I think McConnell is doing this in part as payback for that).

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