What will happen if President Trump nominates, and then confirms, a Supreme Court Justice to fill the vacancy left by the passing of Justice Ruth Bader Ginsburg? Democrats have a plan, and it’s a major overhaul. “Furious Democrats are considering total war – profound changes to two branches of government, and even adding stars to the flag – if Republicans jam through a Supreme Court nominee then lose control of the Senate” reports Axios.
“On the table” of the drastic measures Democrats are looking into, include “adding Supreme Court justices…eliminating the Senate’s 60-vote threshold to end filibusters…and statehood for D.C. and Puerto Rico” reported Axios. Representative Joe Kennedy III (D-Mass) tweeted his plan, “If he holds a vote in 2020, we pack the court in 2021” he said of Trump’s nomination plans.
Axios notes that because Republicans hold the majority in the Senate, they do not expect Trump’s nominee to be blocked; however, “they have many was of retaliating.” “For instance,” writes Axios, “the Constitution doesn’t fix the number of justices, which could be changed by an act of Congress and the president’s signature, according to the National Constitution Center.”
House Speaker Nancy Pelosi spoke to ABC’s George Stephanopoulos about the possibility of impeaching Trump or Attorney General Barr in order to stall the Supreme Court confirmation in a post-election lame-duck session. Pelosi responded “well, we have our options. We have arrows in our quiver that I’m not about to discuss right now.”
Senate Democratic Leader Chuck Schumer (D-NY) on a call with his caucus, said if Senate Majority Leader McConnell “and Senate Republicans move forward with this, then nothing is off the table for next year.” The most extreme and controversial proposal comes from House Judiciary Chair Jerry Nadler, who tweeted, “If Sen. McConnell and @SenateGOP were to force through a nominee during the lame-duck session – before a new Senate and President can take office – then the incoming Senate should immediately move to expand the Supreme Court.”
Obama’s former Attorney General Eric Holder supported the idea of expanding the court. In case any of the Democratic leadership care to know what Justice Ruth Bader Ginsburg felt about court expansion when the discussion “came up during Democratic primaries last year, Ginsburg said she was opposed” reported Axios.
