I don’t think there is time to fill Ginsberg seat on the Court.

[Orangecat]

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.

Having a new Justice sworn in before Nov 3 is unlikely, but not impossible. IOW, there is no legal barrier.

First you have to find a candidate. That takes time.

Trump just has to pick from a short list he's already compiled. That could literally take a couple seconds.

Then you have to Vet the candidate. That takes more time.

The potential nominees were vetted before being added to the list.

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.

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.

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.

Considering the context, I think it's very likely.

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.

Your hypothetical situation makes it even more likely to happen while the repubs still control the entire process.

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.

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.

Alaska Senator Murkowski said Friday she would not vote for a justice ahead of Inauguration Day - Alaska Public Media

Shortly 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

Murkowski's vote isn't necessary.

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.

More wishful thinking.

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.

Legally irrelevant, that.

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.

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.

 

[SassyIrishLass]

Trump said he's obligated to nominate without delay.

He'll move fast on this...as he should

 

[Orangecat]

According to Senate records, Justices Ginsburg, John Paul Stevens, and Sandra Day O’Connor were all confirmed in a short period of time. Stevens’s confirmation in 1975 took 19 days, O’Connor’s confirmation in 1981 took 33 days, and Ginsburg’s confirmation in 1993 took 42 days.

Precedence^^^

 

[Orangecat]

A vote that may not get 10 democrats to join with the repubs
mcconnell needs at least 10 democrats

He doesn't need any democrats, thanks to Harry Reid.

 

[Fort Fun Indiana]

Trump said he's obligated to nominate without delay.

He'll move fast on this...as he should

Right, but he is discussing what happens after. Everyone is fully aware that the Trump team is about as adept at vetting nominees as a retarded ferret. So there will be lots and lots of hearings.

 

[Orangecat]

without the nuclear option it takes 60 votes override a filibuster and confirm a nominee

The nuclear option is the norm now.

 

[Flash]

 

[B. Kidd]

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.

First you have to find a candidate. That takes time. Then you have to Vet the candidate. That takes more time. 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. Or more than two weeks past the election. All while a third of the Senators are focused on the election and saving their seats.

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.

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.

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.

Alaska Senator Murkowski said Friday she would not vote for a justice ahead of Inauguration Day - Alaska Public Media

Shortly 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

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.

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.

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.

It'll be fun trying.... .

 

[Orangecat]

Trump needs to be careful

No, he doesn't.

If he rushes a candidate with objectionable statements or rulings in their past, there will be political repercussions for those who try to rush through the pick

Your faux-concern is a poor mask for your despair.

 

[Orangecat]

I hope Pres.Trump picks a very conservative black woman.
That will throw the looney liberals into a crazed frenzy!! ...

Candace Owens?

 

[Orangecat]

If Donnie and McTurtle succeed with this crap, and then Dems hold all three branches of government in January -

If they succeed, which is inevitable, the dems best hope is controlling two branches, not three.

Watch as SCOTUS get expanded from 9 to 13 and Biden starts packing the empty seats.

LOL, the new SCOTUS will shoot that plan down.

 

[Cellblock2429]

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.

First you have to find a candidate. That takes time. Then you have to Vet the candidate. That takes more time. 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. Or more than two weeks past the election. All while a third of the Senators are focused on the election and saving their seats.

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.

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.

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.

Alaska Senator Murkowski said Friday she would not vote for a justice ahead of Inauguration Day - Alaska Public Media

Shortly 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

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.

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.

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.

/----/ " First you have to find a candidate. That takes time. Then you have to Vet the candidate."
What makes you think the Trump administration hasn't been doing all along? Especially when RBG was first diagnosed with cancer? Trump announces list of potential Supreme Court nominees

 

[Orangecat]

Obama did not get his pick did he?

He got to pick, but a POTUS needs agreement from the Senate to finish the process. Trump has the Senate, Obama didn't. That's the situation.

 

[Orangecat]

There was no vote scheduled.

Because the people put the repubs in charge of the Senate, yes.

 

[DrLove]

If Donnie and McTurtle succeed with this crap, and then Dems hold all three branches of government in January - Watch as SCOTUS get expanded from 9 to 13 and Biden starts packing the empty seats.

LOL, the new SCOTUS will shoot that plan down.

There won't be a "new SCOTUS" - McTurtle has neither the time nor the votes.

 

[Orangecat]

There won't be a "new SCOTUS" - McTurtle has neither the time nor the votes.

Watch and learn, kid. You'll need that pillow to soak up your bitter tears of political impotency.

 

[DrLove]

There won't be a "new SCOTUS" - McTurtle has neither the time nor the votes.

Watch and learn, kid. You'll need that pillow to soak up your bitter tears of political impotency.

Shall we bet on it? I'm counting minimally SIX Republican Senators who won't go there.

 

[Coyote]

Obama did not get his pick did he?

He got to pick, but a POTUS needs agreement from the Senate to finish the process. Trump has the Senate, Obama didn't. That's the situation.

McConnell refused. A precedent he won't honor this time.

 

[Orangecat]

The truth is, this is a crippling blow to the liberal long-term agenda. We all knew it was coming, and it could've been avoided if Ginsberg's ego hadn't kept her clinging to power long past her expiration date.

 

[Coyote]

There was no vote scheduled.

Because the people put the repubs in charge of the Senate, yes.

Nope. Because that never stopped the process before.

Problem is once you set a precedent, unless someone decides to be the bigger person/party - what comes around will go around.