A reality based independent journal of observation & analysis, serving the Flathead Valley & Montana since 2006. © James Conner.

16 February 2016

Senate Republicans are now waiting for Justice Ginsberg to die

The quorum for the nine-member U.S. Supreme Court is six. Because the court can function with as many as three vacancies, replacing Justice Scalia does not prevent the court from deciding cases, although some cases may need to be deferred or reheard because the justices are evenly split.

Republicans will block a Democratic president’s appointees to the court as long as they have the power to do so. If President Obama is replaced by another Democrat, that president’s nominees will not be confirmed. Instead, Mitch McConnell and his caucus will wait for Justice Ruth Bader Ginsberg, the oldest justice, to die. With Ginsberg in the grave, conservatives will hold a four to three majority, the court will have a quorum, and the right wing will be back in business.

Would the Republicans really be so brazen as to do that? You bet they would. As Martin Longman noted at the Washington Monthly yesterday, they’re already doing that with the second circuit court of appeal.

A Democratic president’s nominees to the supreme court will be confirmed only when Democrats win at least 60 seats in the senate, or win a clear majority in the senate and have the wisdom and courage to repeal the filibuster. The odds of winning the lottery are higher.