- Jun 22, 2020
- Reaction score
Having a new Justice sworn in before Nov 3 is unlikely, but not impossible. IOW, there is no legal barrier.I know everyone is emotional. The Republicans excited to take a seat from the left. The Democrats upset to lose the seat. But realistically. There isn’t time to fill the seat before the election.
Trump just has to pick from a short list he's already compiled. That could literally take a couple seconds.First you have to find a candidate. That takes time.
The potential nominees were vetted before being added to the list.Then you have to Vet the candidate. That takes more time.
Unless the majority party puts it on a fast-track, which is totally legal. The average time it takes really isn't relevant unless it's supported by law, not precedence.Then the candidate has to be presented to the Senate. Hearings and all that have to be scheduled. The average time for that is about 65 days.
Considering the context, I think it's very likely.Again realistically. It would have to take place a week or two before. So cutting a month out of the process is just not likely.
Your hypothetical situation makes it even more likely to happen while the repubs still control the entire process.It gets worse. Even if Trump wins the election holding the Senate is not certain. So action during the Lame Duck period is less likely unless Republicans manage to hold the Senate. If the Republicans lose the senate running the nomination through will make Trumps ability to work with the new Congress that much more difficult.
Have you heard the term "whistling past the graveyard"? Trump will have his appointee confirmed before the end of the year, regardless of election results.McConnell says he will have a vote. But there are hundreds of hurdles to cross before that can happen. And the willingness of the Senators to vote comes into play.
Murkowski's vote isn't necessary.
Alaska Senator Murkowski said Friday she would not vote for a justice ahead of Inauguration Day - Alaska Public MediaShortly before the announcement that Supreme Court Justice Ruth Bader Ginsburg had died Friday, Sen. Lisa Murkowski said in an interview that if she was presented with a vacancy on the court, she would not vote to confirm a nominee before the election. Ginsburg died in her home in Washington...www.alaskapublic.org
More wishful thinking.A handful of Republicans could just refuse and the Nominee is dead on arrival. No Confirmation and no way to resubmit the candidate to the Court later.
Legally irrelevant, that.If Trump loses there is not going to be any popular outcry to get his nominee on the Bench. Biden gets to pick the next Justice in that case.
Probably not before the election, but well underway and completed soon afterwards. Even if the dems take the senate and the WH (unlikely with their current candidate), the process will be completed before they take power. You may not like it, but this is a done deal.I just do not see where there is enough time to do this before the election. 45 days remain and even without the election that would be a nearly record time. With the election, just no real way to do it.