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NewsCenter28

(1,835 posts)
Mon Sep 17, 2018, 08:07 PM Sep 2018

If Kavanaugh withdraws/gets defeated and Dems take back both the house and senate in November, then?

Say it's a 2-4 seat Dem senate pick-up and a majority, a 40+ house seat gain and majority, and we sweep all key governor races, does McConnell still try to move forward with Dotard's Kavanagh replacement in the lame duck, or does the Dem senate get to decide the SCOTUS fate? Will a lame duck confirmation be even remotely politically possible post a Dem crushing wave?

31 replies = new reply since forum marked as read
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If Kavanaugh withdraws/gets defeated and Dems take back both the house and senate in November, then? (Original Post) NewsCenter28 Sep 2018 OP
Under those circumstances, I'd say a 2 year wait to approve is more than adequate n/t DonaldsRump Sep 2018 #1
ha, ha, well done sir or madame saidsimplesimon Sep 2018 #3
Wait it out! California_Republic Sep 2018 #20
Yes, I am learning saidsimplesimon Sep 2018 #21
THAT would be a well-earned bitter medicine for those Republican jerks. VOX Sep 2018 #23
If a win a lottery and get 125 million dollars then? Le Gaucher Sep 2018 #2
Nope we can do it Sep 2018 #24
I have no doubt McConnell would ram thru a lame duck confirmation for Traitor don Va Lefty Sep 2018 #4
The Only Confirmable Nominee Would Be Merrick Garland Stallion Sep 2018 #5
If it isnst an ultra right wing theocrat, they will probably be a no-go Tiggeroshii Sep 2018 #15
Oh man they will do whatever it takes to confirm somebody in the lame duck session Tiggeroshii Sep 2018 #6
McConnell would just ram through the next Right Wing Moron bucolic_frolic Sep 2018 #7
He will Cosmocat Sep 2018 #11
The Other Option is to Vote to Increase the SCOTUS to 11 or 13 Jurists Ccarmona Sep 2018 #8
that would give Trump between 3 and 5 justices to appoint CreekDog Sep 2018 #17
But If the Dems Have a Majority Ccarmona Sep 2018 #19
Trump would veto the legislation. onenote Sep 2018 #25
your idea isn't in play and it's a terrible idea to boot CreekDog Sep 2018 #31
If that happens BannonsLiver Sep 2018 #9
It depends on what exactly happens with Kav. If he withdraws soon McConnell will try to confirm next RockRaven Sep 2018 #10
Yep Cosmocat Sep 2018 #12
It is his main reason they breathe. The powers that be like the Federalist Society have been Trust Buster Sep 2018 #13
We put Obama's programs back in force and give the SCOTUS job to the one who deserved it from... Frustratedlady Sep 2018 #14
Yes it's possible bucolic_frolic Sep 2018 #16
Where do the 67 Senate votes to remove a justice come from? onenote Sep 2018 #18
Recess appointment. onenote Sep 2018 #22
I Think The OP . . . DarthDem Sep 2018 #26
Between now and January 3 onenote Sep 2018 #27
Whoops! DarthDem Sep 2018 #28
The president doesn't call the recess, the Senate does. onenote Sep 2018 #29
The optics of pushing through a new nominee post electoral thumping NewsCenter28 Sep 2018 #30

VOX

(22,976 posts)
23. THAT would be a well-earned bitter medicine for those Republican jerks.
Mon Sep 17, 2018, 09:16 PM
Sep 2018

But a sweet dish for anyone interested in just desserts.

 

Le Gaucher

(1,547 posts)
2. If a win a lottery and get 125 million dollars then?
Mon Sep 17, 2018, 08:10 PM
Sep 2018

You dont know these Republicans? .. They are such bastards.

Kavanaught will be a scrotus judge by thanksgiving.

Stallion

(6,474 posts)
5. The Only Confirmable Nominee Would Be Merrick Garland
Mon Sep 17, 2018, 08:13 PM
Sep 2018

who is considered a moderate and had strong Republican support earlier before nomination by Obama. It would have to be a compromise

 

Tiggeroshii

(11,088 posts)
6. Oh man they will do whatever it takes to confirm somebody in the lame duck session
Mon Sep 17, 2018, 08:14 PM
Sep 2018

Its a short session though so they would have to have somebodu they can get through easily and republicans in more democratic states would be more hard pressed to push it through after seeing their colleagues defeated over this.

bucolic_frolic

(43,163 posts)
7. McConnell would just ram through the next Right Wing Moron
Mon Sep 17, 2018, 08:16 PM
Sep 2018

It's hard to fight nominees in succession, but it has been done successfully. The country would be in such an uproar over the election results it might even cause Republicans to think twice, plus indictments and hopefully convictions and guilty pleas will be rolling along from the OSC, and markets around the world will be in turmoil due to uncertainty over the US situation.

Cosmocat

(14,564 posts)
11. He will
Mon Sep 17, 2018, 08:26 PM
Sep 2018

This has been their super bowl for decades.

If November is bloody for them, they will not risk having a majority in the SC for decades, and will be confident they rat fuck their way into power again cause they know how stupid the country is.

 

Ccarmona

(1,180 posts)
8. The Other Option is to Vote to Increase the SCOTUS to 11 or 13 Jurists
Mon Sep 17, 2018, 08:17 PM
Sep 2018

This will dilute the influence of any one Justice.

CreekDog

(46,192 posts)
17. that would give Trump between 3 and 5 justices to appoint
Mon Sep 17, 2018, 08:54 PM
Sep 2018

the current open seat and the 2 to 4 you'd create.

if the congress somehow voted to increase the number of seats by legislation, the president could veto that, but if he didn't he'd have the control of the appointments.

 

Ccarmona

(1,180 posts)
19. But If the Dems Have a Majority
Mon Sep 17, 2018, 09:02 PM
Sep 2018

Trump would have to dial back the outrageousness of the Selections to get any of them approved.
(Plus, he may be gone by then).

CreekDog

(46,192 posts)
31. your idea isn't in play and it's a terrible idea to boot
Tue Sep 18, 2018, 11:44 PM
Sep 2018

FDR floated it when he had a huge Democratic majority in congress and could do so.

We have none of that and even if we get the Senate it will be by a seat or two.

You have NOT thought this through.

BannonsLiver

(16,387 posts)
9. If that happens
Mon Sep 17, 2018, 08:23 PM
Sep 2018

Donnie won’t get a Supreme Court pick through the senate until 2021 at the earliest and that’s going to require him to come out of mueller’s investigation unscathed and to win re election in 2020. A very high bar.

RockRaven

(14,967 posts)
10. It depends on what exactly happens with Kav. If he withdraws soon McConnell will try to confirm next
Mon Sep 17, 2018, 08:25 PM
Sep 2018

nominee before the election. If he doesn't withdraw, McConnell *might* scuttle Kavanaugh himself in the following scenario: ONLY if he is entirely convinced that confirming Kavanaugh will cost him the Senate majority (NV, TN, TX, for example) and therefore the majority leadership position but putting Kav down would save said majority. In that case though, he would still get a nominee confirmed in the lame duck session regardless of the election outcome.

There's no conceivable way this doesn't end with a Trump chosen Repuke confirmed with Repuke-only votes before Jan. That would require the vote delayed until after the election, the GOP losing the majority, and GOP Senators deciding it would be out of order to confirm a SCTOUS nominee in lame duck session. I don't expect any of those 3 things to happen.

 

Trust Buster

(7,299 posts)
13. It is his main reason they breathe. The powers that be like the Federalist Society have been
Mon Sep 17, 2018, 08:28 PM
Sep 2018

Planning for this moment for 20 friggin’ years. Republicans know that they are the minority in the country. That is why they gerrymander so extremely. The Judiciary Branch represents their VERY SURVIVAL !!! The Turtle will rush new nomination hearings if the Kavestor steps down.

Frustratedlady

(16,254 posts)
14. We put Obama's programs back in force and give the SCOTUS job to the one who deserved it from...
Mon Sep 17, 2018, 08:33 PM
Sep 2018

the get-go. Merrick Garland. Then, if McConnell is still standing, call for an investigation of him AND Ryan. Hopefully, the Russian investigation will take care of that problem.

I think we can assume that Trump will be long gone...by hook or by crook, as well as Pence, Hatch and many other Repubs. The assets confiscated for the treasury from all those crooks should help a great deal in relieving our debt...at least make a dent in it...and clean the critters out of the swamp.

In 2020, we elect Biden as POTUS and he picks Obama as VP.

I may not live long enough to see this happen, but one can dream.


bucolic_frolic

(43,163 posts)
16. Yes it's possible
Mon Sep 17, 2018, 08:45 PM
Sep 2018

Only Supreme Court Justice to have been impeached in our history was Samuel Chase, and he was acquitted. But the case against him was political. If serious charges, such as perjury or assault were brought, it might get a hearing at some point. But you are right, we need to clean house. Trump has stripped the government of its functions and installed corrupt cronies. The system is acting more like a system of plunder by government for private entities and persons than as a public institution. That's the way the Third Reich acted politically, it was used for exploitation by the top leaders. Historians tend not to study that aspect because the war and atrocities grab all the spotlight, but plunder was the name of the game.

onenote

(42,703 posts)
22. Recess appointment.
Mon Sep 17, 2018, 09:13 PM
Sep 2018

McConnell could adjourn the Senate long enough to allow Trump to make a recess appointment. That appointment would last until the end of 2019. Trump wouldn't even have to nominate anyone during that time period.

DarthDem

(5,255 posts)
26. I Think The OP . . .
Mon Sep 17, 2018, 10:11 PM
Sep 2018

. . . is assuming that Dems have a Senate majority. So McConnell wouldn't be able to do anything.

onenote

(42,703 posts)
27. Between now and January 3
Mon Sep 17, 2018, 10:16 PM
Sep 2018

Instead of nominating someone, the Senate could recess immediately and he could appoint someone so there would be a full slate of nine when the court convenes in October.

DarthDem

(5,255 posts)
28. Whoops!
Mon Sep 17, 2018, 10:32 PM
Sep 2018

I didn't read carefully enough.

I think the minority has enough procedural tools to tie up a recess appointment, and if I recall correctly, there was some valid reason why Obama couldn't recess appoint Garland.

onenote

(42,703 posts)
29. The president doesn't call the recess, the Senate does.
Mon Sep 17, 2018, 10:37 PM
Sep 2018

The Republicans controlled the Senate when Garland was nominated so they had no interest in their being a recess. But McConnell could call a recess in October prior to the elections and Trump could make a recess appointment. I doubt it would happen.

NewsCenter28

(1,835 posts)
30. The optics of pushing through a new nominee post electoral thumping
Mon Sep 17, 2018, 11:12 PM
Sep 2018

Are interesting indeed. Also, I do think the Kavanaugh nomination is all but dead.

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