In the New Yorker’s October 3 issue, Jeffrey Toobin attempts to predict the future in “The Supreme Court After Scalia.” Mr. Toobin devotes much of the piece to discussing how the progressive-conservative balance of the Court might change with a ninth Justice replacing Scalia if Secretary Clinton or Donald Trump is elected, and the ensuing consequences…
2 thoughts on “A primer on permanent stalemate: Federal judicial selection, post-election”
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Mostly correct, but you low ball the stalemate risk. If the Democrats squeak into control of the Senate they would still have to “go nuclear” on the filibuster for Supreme Court appointments. The Heitkamp/Manchin wing (and other squishes) will not support that vote. The difference in the two parties is acutely clear. If Trump wins and the Republicans hold the Senate, even if capitulating Democrats don’t bring the vote to sixty, the Republicans go nuclear in a heartbeat.
Can’t imagine a “forever” staelmate in the event Clinton wins;Mcasshole will have the Senate looking totally irrelevant as a significant part of the government.