I may well be wrong here, but the death last night of Justice Ruth Bader Ginsburg makes control of the US Senate of major importance this election year.
Senate Majority Leader Mitch McConnell has left little doubt that appointing a replacement for Ginsburg will be done while Trump is still president. My guess is that it will be after the election during the lame duck period. That will in their minds defuse an appointment as an election issue. Then immediately after the election that will be priority #1.
If there is any court actions from the 2020 election, the Republican senate will do all they can to make sure that there is a 6-3 Republican majority in the SCOTUS to hear any cases.
I would then expect a whirlwind confirmation process that will have the seat filled before any of the important issues Republicans want to deal with are heard. Specifically, Obamacare would be much more certain to be killed with six right wing justices. That way if Justice Roberts strays again from the right wing orthodoxy, it won’t matter.
So this puts Obamacare squarely in the cross-hairs. Most likely this also puts Roe v. Wade squarely in the cross-hairs also. I would not be surprised to see a 6-3 Republican majority shop quickly for a case to use to end Roe v. Wade.
Who might the nominee be? Well, in my nightmares it would be AG William Barr who would be an almost certain Republican vote in every case. He would also someone whose interpretation of laws and the constitution has been shall we say very creative.
Our condolences to the Ginsburg family and her friends.
So sad to say on this occasion that the timing just couldn’t be worse.
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